Loading...
2000-233RESOLUTION NO. 2000R-233 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. 2000-00025 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: COMMENCING AT THE CENTERLINE INTERSECTION OF BALL ROAD, 60 FEET WIDE, AND HARBOR BOULEVARD, 60 FEET WIDE, AS SHOWN ON TRACT NO. 1758, PER MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE N89 DEGREES 09' 34" W, 808.30 FEET ALONG SAID CENTERLINE OF BALL ROAD; THENCE N00 DEGREES 50'26"E, 255.64 FEET TO A POINT ON A COURSE DESCRIBED AS "N85 DEGREES 28' 32" w, 66.48 FEET~ IN DIRECTOR'S DEED DD001097-01-02, RECORDED OCTOBER 13, 1978 IN BOOK 12882, PAGE 1420 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT ALSO BEING "THE TRUE POINT OF BEGINNING"; THENCE N55 DEGREES 14'30"W, 130.30 FEET; THENCE N43 DEGREES 36'30"W; 75.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1200.00 FEET, TO WHICH POINT A RADIAL LINE BEARS S44 DEGREES 00' 49"W; THENCE NORTHWESTERLY 102.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 DEGREES 52' 53"; THENCE N41 DEGREES 06' 18" W, 251.58 FEET; THENCE N40 DEGREES 13' 35"W, 23.20 FEET; THENCE N41 DEGREES 22' 34"W, 36.95 FEET TO A POINT IN THE CENTERLINE OF WEST VERMONT AVENUE, 66 FEET WIDE, AS SHOWN ON TRACT NO. 1682, PER MAP RECORDED IN BOOK 49, PAGE 25, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNT; THENCE ALONG SAID WEST VERMONT AVENUE N75 DEGREES 21' 52" E 336.07 FEET TO THE INTERSECTION OF SOUTH CITRON STREET, 59.50 FEET WIDE AS SHOWN ON SAID TRACT 1682, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That a lot line adjustment plat to combine all the existing parcels south of Vermont Avenue (shown as Portions A and B on the location map attached to the Staff Report to the Planning Commission dated August 28, 2000) into two (2) parcels (one for the Coast Corvette business and the other for the proposed self- -2- storage facility) shall be submitted to the Subdivision Section, Development Services Division, of the Public Works Department for review and approval by the City Engineer, and then for recordation in the Office of the Orange County Recorder. 3. That if the self-storage facility (approved under Conditional Use Permit No. 2000-4224 in conjunction with subject reclassification) is not under construction by August 28, 2001, city staff shall prepare a "Reports and Recommendations" item for Planning Commission consideration to initiate a reclassification from the CL Zone back to the RS-A-43,000 or other appropriate zone. 4. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 823 (to erect and operate an automobile service plant/auto paint facility at 900 West Vermont Avenue), Variance No. 982 (to erect an 18-foot high metal sign) and Conditional Use Permit No. 2434 (to permit a church facility with offices and rectory in the CL Zone with wavier of minimum number of parking spaces at 808-820 West Vermont Avenue). 5. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, 2 and 4, above-mentioned, shall be completed. 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 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. 6. 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 -3- 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 17th day of November, 2000. MAYOR OF T~E CITY OF ANAHEIM ATTEST: ~ITY C~RK 6F THE CITY OF ANAHEIM Reclass Proceedings No. 2000-00025 37838.1 -4- 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-233 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of November, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kdng, Tait NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly 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 7th day of November, 2000. CI~Y CLEI:~ 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-233 was duly passed and adopted by the City Council of the City of Anaheim on November 7th, 2000. CI'F~CLERK ~)F THE CITY OF ANAHEIM