Loading...
5960ORDINANCE NO. 5960 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING �HE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2004-00116) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held May 17, 2004, pursuant to the provisions of Section 18.76.070 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2004-53 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made; and WHEREAS, the owner of property located at 111 Mohler Drive, more particularly described below, has requested that the City finalize reclassification of the subject property from the Transition (T) Zone [formerly, RS -A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) Zone] to the RE -2 (Single -Family Hillside, Residential) Zone [formerly, RS -HS -22,000 (SC) (Residential Single -Family Hillside, Residential; Scenic Corridor Overlay) Zone] of the City of Anaheim (Reclassification No. 2004-00116); and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject properties situated in the County of Orange, State of California, described as follows, to wit: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 260 01" WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29- 11 " EAST, THROUGH AN ANGLE OF 1 ° 41' 55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7, 1948, IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 440 07'42" EAST, 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF OFFICIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE T SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH 250 55'27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE AS "SOUTH 25° 55'27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF OFFICIAL RECORDS IN SAID OFFICE. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 4330 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN ON HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977, IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38° 07' 15" WEST 0.82 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 930 48'56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 020 43'3 1 " AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID - SOUTHERLY LINE NORTH 890 54'12" EAST TO THE POINT OF BEGINNING. into the RH-2 (Single -Family Hillside, Residential) Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above- described properties shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8th day of March 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 29thday of March , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITYe4OR(OFTIIHIE NAHEM 0 By410( M T OF ANAHEIM ATTEST - CI Y CLERK OF THE CITY OF ANAHEIM 57191.v 1 \mgordon\02.10.05 AFFIDAVIT OF PUBLICATION I This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 7, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: April 7, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 5960 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2004-00116) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS; following a duly noticed Public hearing held May 17, 2004, pursuant to the provisions of Section 18.76.070 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2004-53 determining that a change or changes in the zone or zones.hereinafter mentioned and described should be made; and WHEREAS, the owner of property located at 111 Mohler Drive, more particularly descri- bed below, has requested that the City, finalize reclassification of the subject property from the Transition (T) Zone [formerly, RS -A-43,000 (SC) (Residential/Agricultural; Scenic Coni- dorOverla Zone] to the RH-2 (Singie-Farm Hillside, Residential) Zone `formerly, RS -HS - 22,000 (S ')(Residential Singie•Family HI de, Residential; Scenic Corridor Overlay) Zone] of the City of Anaheim (Reclassification No. 200400116); and WHEREAS, certain conditions and requirements were made as conditionsprecedent to the making of a change or charges of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby amended by rezoning and reclassifyin the subject properties situated in the Countyof Orange, State of California, described as follows, to wit: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26x 01" WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CON- VEYED TO MICHAEL C. BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46x 29' 11" EAST, THROUGH AN ANGLE OF 1x 41'55', AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7,1948, IN BOOK 1682, PAGE 364 OF OF- FICIAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTH- WESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE NORTHEASTER- LY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44x 07' 42" EAST, 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF OFFI- CIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH 25x 55''27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE AS "SOUTH 25x 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF OFFI- CIAL RECORDS IN SAID OFFICE. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID OFFI- CIAL RECORDS: THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF 8454.00 FEET, A RADIAL LIEN OF SAID CURVE PASSING IHHUUUM .7Aiu 'HERLY CORNER BEARS NORTH 433x 30' 49" WEST)AND ITS NORTHEAST- ISION TO THE NORTHWESTERLY TERMINUS OF THCOURSE SHOWN ON DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO DEED RECORDED MAY 9, 1977, IN BOOK 12185, PAGE 1245 OF SAID OFFI- iRDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID :)RTH 38x OT 15" WEST 0.82 FEET TO THE BEGINNING OF TANGENT [CAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY FEET TO T IERLY LINE into the RH-2 (Single -Family Hillside, Residential) Zone of the City of Anaheim: SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above- described properties shall be excluded from the zone in which it is now situated and incor- porated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes ereby approved and adopted. SECTION a. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be prin ted once within fifteen (15) days after its adoption in the Anaheim Bulletin, a news- paper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun. cil of the City of Anaheim held on the 8th day of March, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 9th day of March, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIN By sis Mayor Curt Pringle MAYOR OF THE CITY OF ANAHEIN