99-179RESOLUTION NO. 99R-179
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. 99-00-03 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
he 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:
RECLASS NO. 99-00-03
LOT 8 OF TRACT N0. 1843, AS SHOWN ON A MAP
RECORDED IN BOOK 53, PAGES 45 AND 46 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; and
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER AND THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 13
OF TRACT NO 1843, AS SHOWN ON A MAP RECORDED
IN BOOK 53, PAGES 45 AND 46 OF SAID
MISCELLANEOUS MAPS; THENCE NORTH 89° 34' 07"
WEST, ALONG THE SOUTH LINE OF SAID LOT 13 AND
THE WESTERLY EXTENSION THEREOF, 150.00 FEET
TO A POINT IN THE CENTERLINE OF PLACENTIA
AVENUE, AS SHOWN ON SAID MAP OF TRACT N0.
1843; THENCE SOUTH 0° 25' 53" WEST, ALONG
SAID CENTERLINE OF PLACENTIA AVENUE, 195.19
FEET; THENCE SOUTH 0° 11' 45" WEST 4.25 FEET
TO THE INTERSECTION OF THE CENTERLINES OF
PLACENTIA AVENUE AND ANAHEIM-OLIVE ROAD, AS
SHOWN ON SAID TRACT NO. 1843; THENCE SOUTH
78° 52' 26" EAST, ALONG SAID CENTERLINE OF
ANAHEIM-OLIVE ROAD, 162.82 FEET TO THE
INTERSECTION OF THE SOUTHERLY EXTENSION OF
THE WEST LINE OF LOT 12 OF SAID TRACT NO.
1843' THENCE NORTHERLY ALONG SAID EXTENDED
LINE AND THE WEST LINE OF SAID LOT 12 A
DISTANCE OF 163.88 FEET TO THE NORTHWEST
CORNER OF SAID LOT 12; THENCE NORTH 37° 53'
25" WEST 16.13 FEET; THENCE NORTH 0° 25' S3"
EAST 53.12 FEET TO THE POINT OF BEGINNING;
and
THE WEST 35.00 FEET OF LOT 12 OF TRACT NO.
1843, AS SHOWN ON A MAP RECORDED IN BOOK 53,
PAGES 45 AND 46 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA,
TOGETHER WITH THAT PORTION OF THE SOUTH HALF
OF THE ALLEY, 20.00 FEET WIDE, ADJOINING SAID
LOT 12 ON THE NORTH, AS SAID ALLEY WAS
ABANDONED BY RESOLUTION N0, 2550 OF THE CITY
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COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED
COPY OF WHICH WAS RECORDED NOVEMBER 15, 1954
IN BOOK 2869, PAGE 219 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY, SAID PORTION BEING
BOUNDED EASTERLY BY THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID
WEST 35.00 FEET OF LOT 12 AND BOUNDED
WESTERLY BY THE GENERAL WEST LINE OF SAID
TRACT N0. 1843; and
THAT PORTION OF LOT 19 OF TRACT NO. 1843, AS
SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 45
AND A46 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY „ CALIFORNIA, TOGETHER WITH
THAT PORTION OF THE ALLEY, 20.00 FEET WIDE,
ADJOINING SAID LOT 19 ON THE WEST AND THAT
PORTION OF THE NORTH HALF OF THE ALLEY, 20.00
FEET WIDE, ADJOINING SAID LOT 19 ON THE
SOUTH, AS SAID ALLEYS WERE ABANDONED BY
RESOLUTION N0. 2550 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, A CERTIFIED COPY OF
WHICH WAS RECORDED NOVEMBER 15, 1954 IN BOOK
2869, PAGE 219 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY, LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF
SAID LOT 19, DISTANT SOUTH 89° 34' 07" EAST
20.00 FEET FROM THE NORTHWEST CORNER OF SAID
LOT 19; THENCE SOUTH 0° 25' 53" WEST TO THE
CENTERLINE OF SAID ALLEY; and
LOT 9 OF TRACT NO. 1843, AS SHOWN ON A MAP
RECORDED IN BOOK 53, PAGES 45 AND 46 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; and
LOT 20 OF TRACT NO. 1843, AS SHOWN ON A
MAP RECORDED IN BOOK 53, PAGES 45 AND 46
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA; and
LOTS 10, 11, 12 AND 19 OF TRACT NO. 1843, AS
SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 45
AND 46 OF MISCELLANEOUS MAPS RECORDS OF
ORANGE COUNTY, CALIFORNIA TOGETHER WITH THAT
CERTAIN ALLEY, 20.00 FEET WIDE, AS SAID ALLEY
IS SHOWN ON SAID TRACT 1843, AS SAID ALLEY
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WAS VACATED AND ABANDONED BY RESOLUTION NO.
2550 OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, A CERTIFIED COPY OF WHICH WAS
RECORDED NOVEMBER 15, 1954 IN BOOK 2869, PAGE
219 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
EXCEPTING THEREFROM THE WEST 35.00 FEET OF
SAID LOT 12.
ALSO EXCEPTING FROM SAID LOT 19 AND SAID
ALLEY, THAT PORTION THAT LIES WESTERLY AND
NORTHWESTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF
SAID LOT 19 DISTANT SOUTH 89° 34' 07" EAST
20.00 FEET FROM THE NORTHWEST CORNER OF SAID
LOT 19; THENCE SOUTH 0° 25' 53" WEST TO THE
SOUTHERLY LINE OF SAID LOT 19; THENCE
CONTINUING SOUTH 0° 25' 53' WEST TO THE
CENTERLINE OF SAID ALLEY; THENCE EASTERLY
ALONG THE CENTERLINE OF SAID ALLEY TO THE
INTERSECTION WITH THE NORTHERLY PROLONGATION
OF THE EASTERLY LINE OF THE WESTERLY 35.00
FEET OF SAID LOT 12; THENCE SOUTHERLY ALONG
SAID PROLONGATION TO THE NORTHEAST CORNER OF
THE WESTERLY 35.00 FEET OF SAID LOT 12. ALSO
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN
DEED TO THE CITY OF ANAHEIM RECORDED AUGUST
24, 1998 AS INSTRUMENT NO. 19980555467 OF
SAID OFFICIAL RECORDS,
into the "CL" COMMERCIAL LIMITED ZONE of the City of Anaheim,
subject to the following conditions:
1. That completion of these reclassification proceedings
is contingent upon approval of General Plan Amendment No. 367 (to
redesignate this property from the Low Density Residential and
Commercial Professional land use designations to the General
Commercial land use designation) by the City Council.
2. That the legal property owner shall submit a letter to
the Zoning Division requesting termination of Variance No. 1948-6
(to permit a service station).
3. That a lot line adjustment shall be submitted to the
Public Works Department, Development Services Division, to merge
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the existing parcels into one (1) lot. The lot line adjustment
shall be approved by the City Engineer and recorded in the Office
of the Orange County Recorder.
4. That the approval of this reclassification is subject
to approval of Abandonment No. 99-15 by the City Council to
abandon the existing public alley and to dedicate and realign
said alley.
5. That the legal property owner shall release and
relinquish to the City of Anaheim vehicle access rights to Cenpla
Way and Ward Terrace.
6. That prior to placement of an ordinance rezoning
subject property on an agenda for City Council consideration,
Condition Nos. 1, 2, 3, 4 and 5, 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.
7. 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 court of
competent jurisdiction, then this Resolution, and any approvals
herein contained, shall be deemed null and void.
BE
constitute a
the subject
ordinance of
which may be
discretion.
IT FURTH
rezoning
property;
the City
approved
ER RESOLVED that this resolution shall not
of, or a commitment by the City to rezone,
any said rezoning shall require an
Council which shall be a legislative act
or denied by the City Council at is sole
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of August, 1999.
~~
MAYOR OF THE CITY OF NAHEIM
ATTEST:
CITY CLER OF THE CITY OF ANAHEIM
32186.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-179 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 17th day of August, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
179 on the 17th day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 17th day of August, 1999.
CI CLER OF TH CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-179 was duly passed and adopted by the City Council of the
City of Anaheim on August 17th, 1999.
CITY CLER OF THE CITY OF ANAHEIM