RES-2007-253RESOLUTION NO. 2 0 0 7-2 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING TENTATIVE TRACT
MAP NO. 17139.
WHEREAS, the Anaheim City Planning Commission did receive a verified petition
for Tentative Tract Map No. 17139 to establish a 10 numbered and 1 lettered lot, 10 -unit detached
single- family residential subdivision for certain real property situated in the City of Anaheim, County
of Orange, State of California, described as:
THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE
AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY OF
SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE
COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957;
THENCE SOUTH 0 °33'45" EAST, ALONG SAID WESTERN AVENUE CENTER
LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0 °33'45" WEST
ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE
CENTER LINE OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114,
PAGE 32 ON OCTOBER 23, 1957;
THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY
ALONG A CURVE NON TANGENT, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1 °00'05" AN
ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT;
THENCE NORTH 67 °32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00
FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 9 °58'50 AND RANCHO CUCAMONGA DISTANCE OF 313.55
FEET OT A LINE TANGENT;
THENCE NORTH 57 °33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER
LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID
COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON
NORTH 0 °26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE
AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER
29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0 °26'40" EAST,
1868.30 FEET FROM THE CENTER LINE OF LINCOLN AVENUE AS SHOWN IN
SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957.
EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER
HYDROCARBONS BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF
SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD.
A PERPETUAL NON EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR
INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH
SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE
11 WEST, SAN B BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID
30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER SOUTH 89 °36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF
SAID BEACH BOULEVARD AS NOW ESTABLISHED;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH
BOULEVARD SOUTH 0 °10'15" EAST 25.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET
SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY
LINE OF SAID SOUTHEAST QUARTER SOUTH 89 °36'49" WEST 319.00 FEET;
THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO
AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE SOUTH 89 °36'49" WEST 436.00 FEET;
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
14 SOUTH 0 °17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS
15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE
SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH
89 °36'03" EAST 130.00 FEET.
EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF
PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE
GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND
GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON
NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF
ORANGE COUNTY CALIFORNIA.
LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80,
PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT
WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET OR DRILL
FOR SAME.
WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon
said application at the City Hall in the City of Anaheim, notices of which public hearing were duly
given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did, by its motion, deny Tentative Tract Map No. 17139; and
WHEREAS, within the time prescribed by law, the applicant did appeal said Planning
Commission decision to the Anaheim City Council, asking the City Council to reconsider said
Tentative Tract Map, as requested by applicant; and
WHEREAS, thereafter, the City Council did set said application for such project for a
de novo hearing, which public hearing was duly noticed in the manner provided by law; 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
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing finds and determines as follows:
1. That the proposed tentative map, including the design features and improvements,
are not consistent with the quality and character of the surrounding neighborhood and is not designed
to integrate with and minimize impacts to surrounding land uses; and
2. That granting of said Tentative Tract Map under the conditions imposed will be
detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council that Tentative Tract
Map No. 17139 be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which rehearings must be sought
is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by the provisions of
Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 18th day of December, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring
NOES: Council Member Sidhu
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CIT CLERK OF THE C F ANAHEIM
67515.v i /MGordon
CITY OF AHEIM
By:
MAYOR OF THE CITY OE•ANAHEIM