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2005-185RESOLUTION N0. 2005 - 185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN T1TLE 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. 2003-00109 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 parry 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 hold and conduct such public 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: BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 RECORDED IN 900K 226, PAGES 33 TO 34 OF PARCEL MAPS, OFFICIAL RECORDS: PARCEL 1: BEGINNING AT THE EASTERLY TERMIl~IUS OF A LINE SHOWN AS NORTH 89° 59' S 1"EAST 862.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: SOUTH 89° 59' S 1" WEST 862.16 FEET, SOUTH 71 ° 23' 00" WEST 3b5.9b FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST 216.80 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADNS OF 301.75 FEET; THENCE SOUTHWESTERLY 3.96 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 00° 45' 10"; THENCE CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST 1592.22 FEET, THENCE DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST 85.00 FEET, THENCE NORTH 21 ° 59' S2" WEST 133.00 FEET; THENCE NORTH 80° 31' 21"EAST 67.98 FEET; THENCE SOUTH 75° 02' S9" EAST 181.04 FEET TO THE BEGINNIlVG OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADNS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF ANON-TANGENT CURVE BEARS NORTH 70° 33' 29" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' OS": THENCE NORTH 75° 02' S9" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST 616.76 FEET TO THE POIlVT OF BEGINNING; PARCEL 2: BEGINNING AT THE EASTERLY TERMINUS OR A LINE SHOWN AS NORTH 89°59' S1"EAST 861.16 FEET IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04" EAST 731.79 FEET, NORTH 77° 30' S3" CAST 31.17 FEET, SOUTH 68° 49' 19" WEST 11.45 FEET. TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADNS OF 720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF O1 ° 46' 15" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 22° 56' Sb" WEST: THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 41 ° 16' S7" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADNS OF 45.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 18° 20' O1"WEST, THENCE WESTERLY AND SOUTHERLY 111.74 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 142° 16' O1" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTI~AST HAVING A RADNS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING OFNON-TANGENT CURVE BEARS SOUTH 32° 00' 08" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID PARCEL 3122,85 FEET THROUGH A CENTRAL ANGLE OF 10° 03' 19" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE -2- NORTHWEST HAVING A RADNS OF 700.00 FEET; THENCE SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 28° 14' 21 "; THENCE DEPARTING SAID BOUNDARY OF PARCEL 3 ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 2 SOUTH 29° 25' 13" EAST 853.12 FEET; THENCE CONTINUING ALONG SAID PARCEL 2 NORTH 80° 32' 46" WEST 1087.79 FEET; THENCE DEPARTING FROM BOUNDARY OF SAID PARCEL 2 NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH 21 ° 59' S2" WEST 133.00 FEET; THENCE NORTH 80° 31' 21"EAST 67,89 FEET: THENCE SOUTH 75° 02' S9" EAST 181.04 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADNS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF ANON-TANGENT CURVE BARES NORTH 70° 33' 29" EAST: THENCE NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' OS"; THENCE NORTH 75° 02' 59" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 FEET TO THE POINT OF BEGINNING, into the "RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) T (SC) (Transition; Scenic Corridor Overlay} and OS (SC) (Open Space; Scenic Corridor Overlay} " ZONES of the City of Anaheim, subject to the following conditions: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No.1, above mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. 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 (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. 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, State and Federal 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 -3- court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th Day of September, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu NOES: Council Members Chavez, Galloway ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF C1TY OF ANAHEIM AT'TF,~ST: ~ .. ~ CLE K 0 THE CITY OF ANAHEIM 9339.1 -4-