Loading...
88-289RESOLUTION NO. 88R-289 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. 87-88-54 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 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: 87-88-54 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: THE EAST 190 FEET OF THE SOUTH 190 FEET MEASURED ALONG THE SOUTH LINE OF THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 89 DEGREES 34' 20" WEST 531 FEET TO THE CENTER LINE OF KATHRYN DRIVE AS SHOWN ON A MAP OF TRACT NO. 1633 RECORDED IN BOOK 47, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0 DEGREES 16' 10" WEST ALONG SAID CENTER LINE, 325.50 FEET TO THE CENTER LINE OF A 50-FOOT STREET SHOWN AS RANCHITO STREET ON THE MAP OF SAID TRACT NO. 1633; THENCE NORTH 89 DEGREES 36' 20" EAST ALONG THE CENTER LINE OF SAID RANCHITO STREET, 258 FEET; THENCE NORTH 78 DEGREES 38' 32" EAST 50 FEET TO THE MOST SOUTHERLY CORNER OF LOT 44 OF SAID TRACT NO. 1633; THENCE NORTH 78 DEGREES 38' 32" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 44, A DISTANCE OF 81.45 FEET TO THE SOUTHWEST CORNER OF LOT 45 OF SAID TRACT NO. 1633; THENCE NORTH 89 DEGREES 36' 20" EAST ALONG THE SOUTH LINE OF SAID LOT 45 AND THE EASTERLY EXTENSION THEREOF, 144 FEET TO THE EAST LINE OF SAID SECTION 7; THENCE SOUTH 0 DEGREES 16' 10" EAST ALONG SAID EAST LINE, 350.19 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 14, 1955 IN BOOK 3315, PAGE 518 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED IN DEED TO THE CITY OF ANAHEIM, RECORDED APRIL 30, 1969 IN BOOK 8942, PAGE 924 OF SAID OFFICIAL RECORDS, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That street lighting facilities along Brookhurst 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 secreity 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. -2- 2. That a fee shall be paid to the City of street lighting along Lincoln Avenue in an amount City Council resolution. Anaheim for as determined by 3. That a fee shall be paid to the City of Anaheim for tree planting purposes along Brookhurst Street and Lincoln Avenue in an amount as determined by City Council resolution. 4. That the legal owner of subject letter requesting termination of Variance Division. property shall submit a No. 2424 to the Zoning 5. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3 and 4, 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 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 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. City Council THE FOREGOING RESOLUTION is approved and adopted by the of the City of Anaheim this~gth daYdf 3uly' 1988. MAYOR OF THE CITY 0N ANAHEIM ATTEST: CITY CLERK UF THE CITY OF ANAHEIM JL~:fm 2644L 072188 -3- CLEILK STATE OF CALIFOP~NIA ) COUNTY 0f' ORANGE ) ss. CiTY OF ANAhEiM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-289 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 July, 1988, by the following vote of the members thereof: AYES: NOES: ABSE~qT: COUNCIL MEMBFItS: COUNCIL FiEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None ~D i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-289 on the 27th day of July, 1988. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of July, 1988. CITY CLERK OF THE CITY OF ~.NAHEAM (s~]~) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify t[mt the foregoing is the original of Resolution No. 88R-289 duly passed and adopted by the Anaheim City Council on July 19, 1988. C T ITY OF ANAHEIM