99-128RESOLUTION N0. 99R-128
A RESOLUTION OF THE CI'
OF ANAHEIM FINDING AND
ZONING MAP REFERRED TO
ANAHEIM MUNICIPAL CODE
THAT THE BOUNDARIES OF
BE CHANGED.
PY COUNCIL OF THE CITY
DETERMINING THAT THE
IN TITLE 18 OF THE
SHOULD BE AMENDED AND
CERTAIN ZONES SHOULD
WHEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. 98-99-10 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 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
the Zoning Map referred to in Title
Code should be amended and that the
described should be excluded from t
is now situated and incorporated in
hereinafter set forth.
does find and determine that
18 of the Anaheim Municipal
property hereinafter
Ze zone or zones in which it
the zone and zones as
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 RANCHO CANON DE SANTA ANA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION
OF THE EASTERLY LINE OF TRACT N0. 9169, AS SHOWN ON
A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT
SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID
EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF
SAID TRACT, SAID POINT BEING ON A NON-TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF
1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO
BEING HEREINAFTER REFERRED TO AS ~~POINT A" THENCE
WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO
SAID CURVE NORTH 78° 49' 11" WEST, 214.13 FEET;
THENCE NORTH 42° 21' 27" WEST, 21.06 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS SOUTH 83° 50' 05"
EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE
NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH
IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE
CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE
DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 14,
1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS,
IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH
72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL
LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET;
THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID
CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY
ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH
72° 31' 57" EAST, 281.88 FEET AND EASTERLY 31.31
FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE
OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO.
9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEET
ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY
LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A
LINE WHICH IS PARALLEL WITH AND 145.00 FEET
SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE;
AN D
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THAT PORTION OF THE RANCHO CANON DE SANTA ANA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION
OF THE EASTERLY LINE OF TRACT N0. 9169, AS SHOWN ON
A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT
SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID
EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF
SAID TRACT, SAID POINT BEING ON A NON-TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF
1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BEARS SOUTH 7° 31'28" EAST, SAID POINT ALSO
BEING HEREINAFTER REFERRED TO AS ~~POINT A"; THENCE
WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18°42'17";THENCE TANGENT TO SAID
CURVE NORTH 78°49'11" WEST, 214.13 FEET; THENCE
NORTH 42°21'27" WEST, 21.06 FEET TO A POINT ON A
NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A
RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE
TO SAID POINT BEARS SOUTH 83°50'05" EAST; THENCE
NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39'
16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL
WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE
OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE
COUNTY OF ORANGE, RECORDED DECEMBER 14, 1972 IN
BOOK 10469, PAGE 876 OF OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72°
31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET;
THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID
CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY
ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH
72° 31' S7" EAST, 281.88 FEET AND EASTERLY 31.31
FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE
OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT N0.
9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEET
ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY
LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF A
LINE WHICH IS PARALLEL WITH AND 145.00 FEET
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SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE.
CITY OF ANAHEIM, A MUNICIPAL CORPORATION, (ACQUIRED
BY FINAL ORDER OF CONDEMNATION ENTERED IN CASE N0.
127381, SUPERIOR COURT OF ORANGE COUNTY, A
CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26,
1967 AS INSTRUMENT N0. 18791 IN BOOK 8417, PAGE 110
OF OFFICIAL RECORDS) AND COUNTY OF ORANGE, BY DEED
RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876
OF OFFICIAL RECORDS.
THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO
JESUS WILSON DE SHORB AND R.G. DE LA RIVA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE
RANCHO CANNON DE SANTA ANA, A CERTIFIED COPY OF
WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28,
PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, BOUNDED AS FOLLOWS:
WESTERLY BY THE EASTERLY LINE OF TRACT NO. 9169, AS
SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND
25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, AND THE SOUTHERLY PROLONGATION THEREOF,
NORTHERLY BY THE SOUTHERLY LINE OF THE LAND
CONVEYED TO THE RIVERSIDE, SANTA ANA LOS ANGELES
RAILWAY COMPANY BY DEED RECORDED JULY 9, 1886 IN
BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS
ANGELES COUNTY,
NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND
DESCRIBED AS PARCEL 1 IN THE CORPORATION EASEMENT
DEED RECORDED NOVEMBER 10, 1980 IN BOOK 13828, PAGE
115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND
NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE
SOUTHWESTERLY, WESTERLY AND NORTHERLY LINE OF THE
LAND DESCRIBED IN PARCEL 111.01 OF THE EASEMENT
DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-
221347 OF SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO
THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY
DEED RECORDED JULY 9, 1879 IN BOOK 68, PAGE 569 OF
DEEDS, RECORDS OF SAID LOS ANGELES COUNTY,
into the "CO (SC)" COMMERCIAL, OFFICE AND PROFESSIONAL/SCENIC
ZONE of the City of Anaheim, subject to the following
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conditions:
1. That prior to introduction of an ordinance rezoning
subject property, a preliminary title report shall be
furnished to the Zoning Division showing the legal vesting of
title, a legal description and containing a map of the
property.
2. That completion of these recl
proceedings is contingent upon approval
Amendment No. 362 (to re-designate this
Hillside Low-Medium Density Residential
land use designations to the Commercial
designation) by the City Council.
assification
of General Plan
property from the
and General Commercial
Professional land use
3. That the legal owner shall submit a letter to the
Zoning Division requesting termination of Conditional Use
Permit No. 3423 (to permit a commercial retail center with
building heights in excess of 35 feet and a service station, a
freestanding drive-through restaurant with waiver of minimum
landscaped and structural setbacks).
4. That prior to placement of an ordinance rezoning
subject property on an agenda for City Council consideration,
Condition Nos. 1, 2 and 3, 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 18.03.085 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.
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, 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
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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.
BE IT FURTHER RESOLVED that this
constitute a rezoning of, or a commitmE
rezone, the subject property; any said
an ordinance of the City Council which
act which may be approved or denied by
sole discretion.
resolution shall not
ant by the City to
rezoning shall require
shall be a legislative
the City Council at is
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of June,
1999.
~1
MAYOR OF THE CITY 0
ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
31428.1
Reclass No. 98-99-10
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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. 99R-128 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 15th day of June 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-128 on the 15th day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of June, 1999.
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. 99R-128 was duly passed and adopted by the City Council of the
City of Anaheim on June 15th, 1999.
,~~ ~ -
CITY CLERK OF THE CITY OF ANAHEIM