RES-2007-008RESOLUTION NO. 2007 -008
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 (RECLASSIFICATION NO. 2006 00179)
WHEREAS, the City Planning Commission of the City of Anaheim did hold a
public hearing in Reclassification Proceedings No. 2006 -00179 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 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 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:
PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 28, PAGE 31 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: AN EASEMENT FOR RAILROAD AND
INCIDENTAL PURPOSES OVER THAT PORTION OF LOT 2
IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN
BERNARDINO MERIDIAN, AS SHOWN ON A MAP FILED IN
BOOK 1, PAGE 29 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, CONTIGUOUS TO THE
HEREINABOVE DESCRIBED PARCEL A, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF
ABOVE SAID PARCEL A WITH ITS INTERSECTION WITH A
LINE PARALLEL WITH AND 15.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES FROM THE WESTERLY
LINE OF THE 100.00 -FOOT RIGHT -OF -WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD
COMPANY, AS RECORDED JULY 11, 1887; THENCE
ALONG LAST SAID SOUTHERLY LINE, SOUTH 73° 59' 41"
EAST 15.00 FEET TO SAID WESTERLY LINE; THENCE
ALONG SAID WESTERLY LINE, SOUTH 16° 00' 19" WEST
120.11 FEET TO ITS INTERSECTION WITH A
NON TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 483.34 FEET, SAID CURVE BEING
TANGENT AT ITS NORTHERLY TERMINUS WITH LAST
SAID PARALLEL LINE, A RADIAL LINE OF SAID CURVE
THROUGH SAID POINT BEARS NORTH 88° 13' 57" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14° 14' 16" AN ARC DISTANCE OF
121.35 FEET TO THE POINT OF BEGINNING,
into the "SP 94 -1, D.A. 4 (MU) (Northeast Area Specific Plan No. 94 -1; Transit Core Area;
Mixed Use Overlay)" ZONE of the City of Anaheim, subject to the following conditions:
1. That prior to introduction of an ordinance rezoning subject property or within one
(1) year, whichever is less, a preliminary title report shall be furnished to the Planning Services
Division showing the legal vesting of title, a legal description and containing a map of the
property.
2. That the approval of Reclassification No. 2006 -00179 is granted subject to the
approval of Conditional Use Permit No. 2006 05109, now pending.
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.
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 9 day of January, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
64333.1
THE CITY OF AHEIM
CITY ANAHE
By
MAYOR OF THE C Y OF ANAHEIM