Loading...
86R-407 RESOLUTION NO. 86R-407 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. 85-86-33 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 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: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK Sl PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: 85-86-33 THE BEGINNING AT A POINT IN THE CENTER LINE OF KATELLA AVENUE, 60.00 FEET WIDE (BEING THE SOUTH LINE OF SAID SECTION 23) DISTANT NORTH 890 47' 45" EAST 680.95 FEET FROM THE INTERSECTION THEREOF, WITH THE CENTER LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS; THENCE AT RIGHT ANGLES TO SAID CENTER LINE OF KATELLA AVENUE, NORTH 00 02' 15" WEST 30.00 FEET TO A POINT IN THE NORTHERLY LINE OF SAID KATELLA AVENUE, BEING THE POINT OF TANGENCY OF SAID NORTHERLY LINE WITH A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 370 10' 56", AN ARC DISTANCE OF 227.13 FEET THENCE TANGENT TO SAID CURVE NORTH 520 51' 19" WEST, TO THE EAST LINE OF THE WEST 10 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE NORTHERLY ALONG SAID EAST LINE BEARING NORTH 00 16' 50" WEST A DISTANCE OF 470 FEET; THENCE NORTH 890 43' 10" EAST A DISTANCE OF 270.00 FEET; THENCE SOUTH 00 16' 50" EAST TO AN INTERSECTION WITH THE CENTERLINE OF KATELLA AVENUE (BEING THE SOUTH LINE OF SAID SECTION 23) THENCE NORTH 890 57' 45" WEST ALONG SAID CENTER LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED PARCEL 9 OF THAT FINAL ORDER OF CONDEMNATION FILED BY THE STATE OF CALIFORNIA, A CERTIFIED COPY WAS RECORDED JULY 23, 2965 IN BOOK 7605 PAGE 513, OFFICIAL RECORDS, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Katella Avenue and Claudina Way in an amount as determined by the City Council. 2. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Claudina Way for street widening purposes. 3. That the vehicular access rights to Katella Avenue except at approved access points, shall be dedicated to the City of Anaheim. 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Katella Avenue and Claudina Way in an amount as determined by the City Council. 5. That the owner(s) of subject property shall acquire a recorded covenant granting an access easement from the property owner immediately east of subject property for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. -2- 6. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be completed. 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 year from the date of this resolution, or such further time as the Planning Commission may grant. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of September, 1986. ~~?L2___ MAlrOR OF THE CITY OF A~c;.." ATTEST: ~" 7f ~ CITY CLERK GF THE CITY OF ANAHEIM JWF:fm 5 840M 101086 -3- _........... _w_~,_c._o .-'-----"'..".,,~._"....._=._.~--..._......,._-~ CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-407 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of September, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-407 on the 9th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of September, 1986. ~<Z '7(~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the f0regoing is the original of Resolution No. 86R-407 duly passed and adopted by the Anaheim City Council on September 9, 1986. ~ ~Tyas-'~ "',.,_._,.._.."'_.."..-_........_-~.,,-_.<<<-,-_.'"