95-170 RESOLUTION NO.95R-170
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. 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 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
of California, to wit:
PARCEL 1: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS
SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF
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LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY
LINE OF SAID LOT 25 WITH THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO.
2757, AS SHOWN ON A MAP RECORDED IN BOOK 108,
PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74 DEG.
28' 11" EAST PARALLEL WITH THE NORTHERLY LINE OF
SAID LOT 25 A DISTANCE OF 320.00 FEET; THENCE
SOUTH 15 DEG. 31' 49" EAST 185.16 FEET PARALLEL
WITH THE WESTERLY LINE OF SAID LOT 25 TO THE
SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO
HERMAN HENRY BRUNS AND WIFE, RECORDED NOVEMBER
18, 1935 IN BOOK 792, PAGE 12, OFFICIAL RECORDS;
THENCE SOUTH 74 DEG. 28' 11" WEST 320.00 FEET
ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OF
SAID LOT 25; THENCE NORTH 15 DEG. 31' 49" WEST
185.16 FEET TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS
OF SURVEY.
PARCEL 2: THE NORTHERLY 70.00 FEET OF THAT
PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY
WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK
3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES
COUNTY MAPS, IN THE OFFICE OF THE RECORDER OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT
25, SAID CORNER BEING ALSO THE INTERSECTION OF
THE CENTERLINE OF LOS ANGELES STREET WITH THE
SOUTH LINE OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE
10 WEST, AS SHOWN ON SAID MAP OF ANAHEIM
EXTENSION; THENCE ALONG THE WESTERLY LINE OF SAID
LOT 25 CENTER LINE OF LOS ANGELES STREET) NORTH
15 DEG. 30' 00" WEST 417.85 FEET TO THE SOUTHERLY
LINE OF THE LAND CONVEYED TO HERMAN HENRY BRUNS
AND EDNA EMiWA BRUNS; BY DEED RECORDED NOVEMBER
18, 1935 IN BOOK 792, PAGE 12 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH
74 DEG. 30' 00" EAST 512.43 FEET; THENCE SOUTH 0
DEG. 03' 00" EAST 539.27 FEET TO THE SOUTHERLY
LINE OF SAID SECTION 15; THENCE SOUTH 89 DEG. 57'
00" WEST TO THE POINT OF BEGINNING.
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EXCEPT THE WESTERLY 300.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN BOOK 54, PAGE 22 OF RECORDS OF
SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 3: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN
IN BOOK 3, PAGES 162 AND 164 INCLUSIVE OF "LOS
ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF LOS
ANGELES STREET, NORTH 15 DEG. 32' 15" WEST 160.35
FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF
BALL ROAD, SAID CENTER LINES BEING CONSTRUED TO
BE LOT LINES FOR THE PURPOSE OF THIS DESCRIPTION;
THENCE CONTINUING NORTH 15 DEG 32' 15" WEST
257.50 FEET THENCE NORTH 74 DEG. 27~ 45" EAST
300.00 FEET; THENCE PARALLEL WITH SAID LOS
ANGELES STREET, SOUTH 15 DEG. 32' 15" EAST TO THE
SAID CENTERLINE OF BALL ROAD; THENCE WESTERLY
ALONG SAID CENTERLINE TO THE SOUTHEASTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF THE
LAND DESCRIBED IN DEED TO BERTHAN L. PELLAK, ET
UX., RECORDED JUNE 29, 1956 IN BOOK 3562, PAGE
216, OFFICIAL RECORDS; THENCE NORTH 15 DEG. 32'
15" WEST 237.40 FEET ALONG THE SAID NORTHEASTERLY
LINE AND ITS PROLONGATION TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THE BANK
OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
RECORDED DECEMBER 3, 1959 IN BOOK 4997, PAGE 576,
OFFICIAL RECORDS; THENCE SOUTH 74 DEG. 27' 45"
WEST 278.86 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID
BALL ROAD 60.00 FEET WIDE.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS
OF SURVEY.
PARCEL 4: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED
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IN BOOK 3, PAGE 163, ET SEQ., ENTITLED LOS
ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25
(WHICH FOR THE PURPOSES OF THIS DESCRIPTION, IS
CONSTRUED TO BE THE CENTERLINE INTERSECTION OF
LOS ANGELES STREET (NOW KNOWN AS ANAHEIM BLVD.
AND BALL ROAD); THENCE NORTH 15 DEG. 32' 15" WEST
ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF
153.86 FEET; THENCE EASTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID LOT 25, A
DISTANCE OF 170.00 FEET; THENCE SOUTH 15 DEG. 32'
15" EAST ALONG A LINE PARALLEL WITH THE WEST LINE
OF SAID LOT 25, A DISTANCE OF 153.86 FEET; THENCE
WESTERLY ALONG THE SOUTH LINE OF SAID LOT 25, TO
THE POINT OF TRUE BEGINNING.
EXCEPT THE SOUTH 30 FEET THEREOF.
PARCEL 5: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED
IN BOOK 3, PAGES 163, ET SEQ., ENTITLED "LOS
ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT
25, SAID CORNER FOR THE PURPOSE OF THIS
DESCRIPTION BEING CONSIDERED TO BE THE
INTERSECTIONS OF THE CENTERLINE OF LOS ANGELES
STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15
DEG. 32' 15" WEST, ALONG THE CENTERLINE OF SAID
LOS ANGELES STREET, 160.35 FEET TO THE TRUE POINT
OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN
DESCRIBED; THENCE SOUTH 15 DEG. 32' 15" EAST 6.49
FEET; THENCE NORTH 89 DEG. 54' 30" EAST PARALLEL
WITH SAID CENTERLINE OF BALL ROAD, 170.00 FEET TO
THE WESTERLY LINE OF THE LAND CONVEYED TO BERTRAM
L. POLLACK AND WIFE, BY DEED RECORDED JUNE 29,
1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 15 DEG. 32' 15" WEST ALONG
SAID WESTERLY LINE, 25.95 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE NORTH 74 DEG. 27' 45" EAST
ALONG THE NORTHERLY LINE OF SAID LAND, 115.00
FEET TO THE NORTHEAST CORNER THEREOF; THENCE
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NORTH 15 DEG. 32' 15" WEST ALONG THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID L~ND,
25.79 FEET TO AN INTERSECTION WITH A LINE WHICH
BEARS NORTH 74 DEG. 27' 45" WEST FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 74 DEG. 32' 45"
WEST 278.86 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF MADE BY WILLIAM HAMEL AND FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF
LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF
SAID LOT, DISTANT THEREON 170.00 FEET EASTERLY
FROM THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST
CORNER BEING THE INTERSECTION OF THE CENTERLINE
OF THE STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS
BALL ROAD, ADJOINING SAID LOT ON THE SOUTH, WITH
THE CENTERLINE OF THE STREET, 60.00 FEET IN
WIDTH, NOW KNOWN AS LOS ANGELES STREET, ADJOINING
SAID LOT ON THE WEST AND RUNNING THENCE NORTH 15
DEG. 32' 15" WEST, PARALLEL WITH SAID WEST LINE,
179.81 FEET; THENCE NORTH 74 DEG. 27' 45" EAST
115.00 FEET; THENCE SOUTH 15 DEG. 32' 15" EAST
211.6 FEET TO THE CENTERLINE OF SAID BALL ROAD;
THENCE WESTERLY ALONG SAID CENTERLINE, 119.32
FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTHERLY 50.00 FEET LYING
WITHIN BALL ROAD,
into the "CL" COMMERCIAL, LIMITED ZONE of the city of Anaheim,
subject to the following conditions:
1. That the property owner shall submit a letter requesting
termination of Conditional Use Permit Nos. 241 (to establish a
school in the real estate, insurance and building fields), 459 (to
permit an auto and truck overhaul, paint, mechanical, and body
repair facility), 749 (to permit used car sales and new care
storage, including all uses incidental thereto, and to permit
encroachment into the P-L "Parking-Landscaping" Zone for such sales
and storage), 2509 (to permit an automobile dealership with waiver
of minimum landscape setback), and Variance No. 2146 (waiver of
maximum sign height within 300 feet of residential uses).
2. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration, Condition No.
1, above-mentioned, shall be completed. The City Council may
approve or disapprove a zoning ordinance at its discretion. If the
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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 become 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.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that the adoption of this
Resolution i~ 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 its sole discretion.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 26th day of September,
1995.
CITY CLERK OF THE CITY OF AN~EIM
14046.1\JW~TE\Septe~ber 27, 1995 6
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. 95R-170 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 26th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-170 on
the 26th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 26th day of September, 1995.
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 original
of Resolution No. 95R-170 was duly passed and adopted by the City Council of the City of Anaheim on
September 26th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM