96-186 RESOLUTION NO. 96R-186
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. 95-96-05 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 followinS
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 approved 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 duly hold and conduct such 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 o~ California, to wit:
THAT PORTION OF THE SOUTH HALF OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8
WITH THE SOUTHERLY PROLONGATION OF THE CENTER LINE
OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN
PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM,
RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE 397 OF
OFFICIAL RECORDS OF SAID ORA/qGE COUNTY, THENCE
NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID
SOUTHERLY PROLONGATION AND SAID CENTER LINE TO A
RECLASS NO. 95-96-05
POINT SOUTHERLY 480.01 FEET FROM THE INTERSECTION
OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION
OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER MAP
RECORDED IN BOOK 50 PAGE 15 OF SAID MISCELLANEOUS
MAPS; THENCE NORTH 89 DEG. 37' 14" WEST 351.68 FEET
PARALLEL WITH SAID NORTHERLY LINE TO THE EASTERLY
LINE OF SAID TRACT NO. 1775; THENCE SOUTH 1 DEG.
16' 54" EAST 835.16 FEET ALONG SAID EASTERLY LINE
TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89
DEG. 31'00" EAST 333.59 FEET ALONG SAID SOUTH LINE
TO THE POINT OF BEGINNING. EXCEPTING THEREFROM
THAT PORTION DESCRIBED AS PARCELS 1 AND 4 IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT
CASE NO. 70691, A CERTIFIED COPY OF WHICH WAS
RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF
SAID OFFICIAL RECORDS,
into the ~RM-3000" Residential, Multiple-Family Zone of the City of
Anaheim, subject to the following conditions:
1. That the owner of the subject property shall submit a
letter requesting termination of Conditional Use Permit No. 572
(establishing a non-conforming bowling alley with restaurant and
cocktail lounge as a conforming use and expanding said use) and
Variance No. 4215 (waivers of permitted residential structures,
maximum structural height within 150 feet of a single-family zone,
minimum structural setback abutting a single-family zone and
minimum distance between parallel walls to construct a 74-unit, 2-
story, detached condominium complex) to the Zoning Division.
2. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration, Condition 1,
above-mentioned, shall be completed. Notwithstanding compliance
with the conditions of approval set forth in this resolution, the
City Council may approve or disapprove a zoning ordinance at its
discretion. If the ordinance is disapproved, the procedure set
forth in Anaheim Municipal Code Section 18.03.085 shall apply.
The provisions or rights granted by this resolution shall 5ecome
null and void by action of the Planning Commission unless said
conditions are complied with, within one (1) year from the date of
this resolution, or such further time as the Planning Commission
may grant.
3. That approval of this application constitutes approval
of the proposed request only to the extent that 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.
2
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 its sole discretion.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of October,
1996.
CITY CLERK
0020874.01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 96R-186 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 22nd day of October, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-186 on the 22nd day of October, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd day of October, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the odginal of Resolution No. 96R-186 was duly passed and adopted by the City Council of
the City of Anaheim on October 22nd, 1996.
CITY CLERK Of THE CITY OF ANAHEIM