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2000-165RESOLUTION NO. 2000R-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 99-00-10 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, and to consider a change in the boundaries of the zone or zones hereinafter mentioned and described and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and granted the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: Reclass 99-00-10 PARCEL A: THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE ON THE CENTERLINE OF LEMON STREET, NORTH 0© 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER, RECORDED APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE BEING THE NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 14, PAGE 1 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89© 37' 00" EAST 42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2; THENCE SOUTH 2© 55' 41" EAST 114.96 FEET TO A POINT EASTERLY 48.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 4© 57' 26" EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 35° 55" 16" EAST 43.01 FEET TO A POINT EASTERLY 83.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE NORTH 89© 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 0© 23' 00" EAST 136.00 FEET PARALLEL WITH SAID CENTERLINE; THENCE SOUTH 28© 18' 48" EAST 111.85 FEET TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO BETDINE PROPERTIES INCORPORATED, RECORDED AUGUST 2, 1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS, SOUTH 80° 13' 59" EAST 381.56 FEET, SOUTH 83© 20' 03" EAST 263.53 FEET; SOUTH 84© 35' 12" EAST 96.26 FEET AND NORTH 0° 24' 56" EAST 109.42 FEET TO THE CENTER OF SAID SECTION; THENCE NORTH 0© 25' 30" WEST 922.94 FEET ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER BEING SOUTH 0© 25' 30" EAST, 905.00 FEET FROM A LEAD AND TACK IN THE PAVEMENT ON THE CENTERLINE OF ORANGETHORPE AVENUE, AND ON A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND A 3-INCH IRON PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF SAID LAND OF MEISER; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF -2- MEISER SOUTH 89° 42' 40" WEST 962.66 FEET, SOUTH 0' 25' 30" EAST 8.00 FEET AND SOUTH 89° 42' 40" WEST 366.90 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF MEISER, SAID NORTHWESTERLY CORNER BEING SOUTH 0° 23' 00" EAST 913.00 FEET FROM A BOLT ON SAID CENTERLINE OF ORANGETHORPE AVENUE, WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23' 00" EAST 407.58 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT NORTH 0° 23' 00" WEST 509.55 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24' 00" EAST 65.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK 3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH 89° 36' 00" EAST 50.00 FEET; THENCE SOUTH 2° 08' 42" EAST 180.18 FEET AND SOUTH 8° 28' 50" EAST 161.94 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND OF THE STATE. ALSO EXCEPT A WATER WELL AND APPURTENANCES LOCATED ON SAID LAND, SAID WELL BEING WEST 474.80 FEET AND NORTH 34.00 FEET FROM THE CENTER OF SAID SECTION. PARCEL B: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 3, THOWNSHIP 4 SOUTH, RANGE 10 WEST, WITHIN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONVEYED TO HENRY G. MEISER BY DEED RECORDED IN BOOK 636, PAGE 354, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 4 OF THE HIGHWAY RIGHT OF WAY RELINQUISHED (REL-254) TO THE CITY OF ANAHEIM BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED NOVEMBER 30, 1965 IN BOOK 7756, PAGE 472 OF OFFICIAL RECORDS, IN SAID OFFICE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 4 DESCRIBED THEREIN AS NORTH 1° 36' 48" EAST, 141.69 FEET TO THE -3- NORTHERLY TERMINUS OF SAID COURSE SO DESCRIBED; THENCE SOUTH 89© 36' 00" EAST, 322.00 FEET; THENCE SOUTH 40° 56' 24" EAST, 33.03 FEET; THENCE SOUTH 7© 43' 07" WEST, 90.40 FEET; THENCE SOUTH 58° 28' 27" WEST, 75.96 FEET TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE NORTH 86° 51'29"WEST, 271.14,FEET TO THE POINT OF BEGINNING; and into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: That street improvement plans shall be submitted to the Public Works Department, Development Services Division, and a bond shall be posted to guarantee that Durst Street shall be widened in accordance with the Circulation Element of the General Plan and as approved by the City Engineer. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width from the center line of the water service mains for operation and maintenance purposes and/or an easement for large meters or fire lines installation. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement as determined to be necessary when the electrical design is completed. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement thirty two (32) feet in width from the centerline of Durst Street for street widening purposes. That approval of this Reclassification No. 99-00-10 is granted subject to the approval of General Plan Amendment No. 370, now pending. That the petitioner shall submit a letter requesting termination of Conditional Use Permit No. 3994 (to establish an outdoor swapmeet marketplace with waivers of minimum parking lot landscaping and permitted encroachments into setback areas) to the Zoning Division. That prior to introduction of an ordinance rezoning the subject property, Condition Nos. 1, 2, 3, 4, 5, and 6, above-mentioned, shall be complied with. 8. That approval of this application constitutes approval of -4- the proposed request only to the extent tha~ it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of August, 2000. MAYOR OF THE CITY OF} ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 36753.1 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-165 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of August, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of August, 2000. OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-165 was duly passed and adopted by the City Council of the City of Anaheim on August 8th, 2000. C1~1( CLER~ OF THE CITY OF ANAHEIM