RES-1989-389
RESOLUTION NO. 89R-389
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. 88-89-32 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
meptioned 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 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 SECTION 9, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
GRNTG RECLASS 88-89-32
BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT
4, AS SHOWN ON A LICENSED SURVEYOR's MAP OF PORTION
OF SAID SECTION 9, MADE FOR F.W. FLEISCHMANN AND AS
SHOWN ON A MAP OF SURVEY RECORDED IN BOOK 1, PAGE
56, RECORD OF SURVEYS, 289.82 FEET WESTERLY FROM
THE CENTER LINE OF WEST STREET, AS SHOWN ON SAID
MAP; THENCE SOUTHERLY 1,176.4 FEET PARALLEL WITH
THE WESTERLY LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION TO THE SOUTHERLY LINE, TO
THE TRUE POINT OF BEGINNING; THENCE NORTHERLY 426
FEET PARALLEL WITH THE EASTERLY LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9;
THENCE WESTERLY 110 FEET PARALLEL WITH THE
SOUTHERLY LINE OF SAID LOT 4; THENCE SOUTHERLY
198.00 FEET TO THE NORTHWEST CORNER OF THE LAND
CONVEYED TO EDWARD A. TURNER AND WIFE, BY DEED
RECORDED JANUARY 30, 1951 IN BOOK 2137, PAGE 11,
OFFICIAL RECORDS; THENCE EASTERLY 6 FEET PARALLEL
WITH THE SOUTHERLY LINE OF SAID LOT 4 TO THE
NORTHEASTERLY CORNER OF THE LAND CONVEYED TO
TURNER; THENCE SOUTHERLY 228.00 FEET ALONG THE
EASTERLY LINE OF SAID LAND CONVEYED TO TURNER TO
THE SOUTHERLY LINE OF SAID LOT 4; THENCE EASTERLY
104 FEET ALONG SAID SOUTHER LINE TO THE POINT OF
BEGINNING.
PARCEL 2
THAT PORTION OF SECTION 9, IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT
4, AS SHOWN ON A LICENSED SURVEYOR'S, MAP OF A
PORTION OF SAID SECTION 9, MADE FOR F.W. FLEISCHMAN
AND FILED IN BOOK 1, PAGE 56, OF RECORD OF SURVEYS,
IN ITS OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, 289.82 FEET WESTERLY FROM THE CENTER LINE
OF WEST STREET, AS SHOWN ON SAID MAP; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF THE
WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION,
1176.4 FEET IN
THE SOUTHERLY LINE OF SAID LOT 4; THENCE WESTERLY
ALONG SAID SOUTHERLY LINE 678 FEET TO THE TRUE
POINT OF BEGINNING OF THE BOUNDARY OF THE LAND
HEREIN DESCRIBED; THENCE NORTHERLY PARALLEL WITH
THE EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 9, 228.00 FEET; THENCE
WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID
LOT 4, 61 FEEt; THENCE SOUTHERLY PARALLEL WITH THE
EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 9, 228.00 FEET TO THE
-2- GRNTG RECLASS 88-89-32
SOUTHERLY LINE OF SAID LOT 4; THENCE EASTERLY ALONG
SAID SOUTHERLY LINE OF LOT 4, 61 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
into the "RS-5000" RESIDENTIAL, SINGLE-FAMILY ZONE of the City of
Anaheim, subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
thirty two (32) feet in width from the centerline of the
street along North Street for street widening purposes.
2. That street lighting facilities along North Street shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion
of the above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to the introduction of
an ordinance rezoning subject property. The above-required
improvements shall be installed prior to occupancy.
3. That a fee shall be paid to the City of Anaheim for tree
planting along North Street in an amount as established by
City Council resolution.
4. That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1, 2 and 3, above-mentioned,
shall be completed. The provisions or rights granted by this
resolution shall become null and void unless said conditions
are complied with within one (1) year from the date of this
resolution or such further time as the City Council may grant.
5. 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
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.
-3- GRNTG RECLASS 88-89-32
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of September,
1989.
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-4- GRNTG RECLASS 88-89-32
CLERK
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. 89R-389 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of September, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kaywood
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-389 on the 22nd day of September, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of September, 1989.
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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. 89R-389 duly passed and
adopted by the Anaheim City Council on September 19, 1989.
~~ '7t ~
CITY CLERK OF THE CITY OF ANAHEIM