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1976-704RESOLUTION NO. 76R-704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceed- ings No. to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, 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 days following said hearing, the Planning Commission did duly adopt a resolu- tion containing a report of its findings, a summary of the evidence presented at said hearing, and a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission, the City Council did fix the 9th day Of November , 19 76 , and continued to the day of 19 , as the time, and the City Council Chambers in the City Hall of the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incorporation thereof in the zone or zones hereinafter set forth, and did give notice there- of in the manner and form provided in said Title 18 of the Anaheim Municipal Code; 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 opportun- ity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 or zones as hereinafter set forth. -1- 76-77-16 ATTY-18-C (Page 1 of 2 pages) NOW, THEREFORE, BE IT RESOLVED of the City of Anaheim that Title 18 of Code be, and the same is hereby, amended described property, situated in the City Orange, State of California, to wit: PARCEL 1: by the City Council the Anaheim Municipal and that the following of Anaheim, County of THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R. RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE- CREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFOR- NIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF LA PALMA AVENUE, 106.00 FEET WIDE, DESCRIBED AS PAR- CEL NO. 143.01 IN THE DEED RECORDED OCTOBER 2, 1967 IN BOOK 8390 PAGE 488 OF OFFICIAL RECORDS AND THE EASTERLY LINE OF TRACT NO. 925 RECORDED IN BOOK 29 PAGES 42, 43 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 86° 30' 57" EAST 335.42 FEET ALONG SAID CENTER LINE; THENCE SOUTH 1° 23' 00" WEST 53.03 FEET TO THE NORTHWEST CORNER OF THIS LAND DESCRIBED IN THE DEED RECORDED APRIL 18, 1972 IN BOOK 10087 PAGE 215 OF OFFICIAL RECORDS; THENCE SOUTH 1° 23' 00" WEST 213.00 FEET ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE SOUTH 89° 11' 13" EAST 206.87 FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 10 23' 00" WEST 387.79 FEET, PARALLEL WITH AND DISTANT WESTERLY 51.00 FEET FROM THE CENTERLINE OF IMPERIAL HIGHWAY AS SHOWN ON A MAP FILED IN BOOK 30 PAGES 48 AND 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUN^lY, TO THE NORTH- ERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 13, 1969, IN BOOT: 8954 PAGE 585 OF OFFICIAL RECORDS; THENCE SOUTH 78° 23' 00" WEST ALONG SAID NORTHERLY LINE 258.23 FEET TO THE EASTERLY LINE OF THE LAND SECOND DESCRIBED IN A FINAL DECREE A COPY OF WHICH WAS RECORDED OCTOBER 3, 1929 IN BOOK 306 PAGE 477 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 10 27' 00" WEST 529.57 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 14, 1930 IN BOOK. 358 PAGE 171 OF OFFICIAL RECORDS; THENCE SOUTH 880 33' 00" WEST ALONG THE NORTHERLY LINE OF SAID DEED 150.00 FEET; THENCE SOUTH 790 43' 40" WEST ALONG THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED JANUARY 5, 1942 IN BOOK 1131 PAGE 33 OF OFFICIAL RECORDS 113.47 FEET TO THE EAS'T'ERLY -2- ATTY—I8-C (Page 2 of 2 pages) LINE OF SAID TRACT 925; THENCE NORTH 00 31' 19" EAST 223.58 FEET ALONG SAID EASTERLY LI1E TO THE POINT OF BEGINNING. EXCEPT PARCEL NO. 107 AS DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 18, 1976 IN BOOK 11740 PAGE 442 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R. RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE— CREE OF PARTITION OF THE RANCHO CONON DE SANTA ANA, A CERTIFIED COPY OF tre"HICH WAS RECORDED FEBRUARY 81 1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 10 27' EAST 399.00 FEET FROM A POINT NORTH 780 44' WEST 469.44 FEET FROM A POINT ON THE EAST LINE OF SAID LAND ALLOTTED TO R. RIVAS, SOUTH 00 10' 54" WEST 741.14 FEET FROM THE NORTHEAST CORNER OF SAID ALLOTMENT; THENCE SOUTH 10 27' EAST 150.00 FEET; THENCE SOUTH 880 33' WEST 150.00 FEET; THENCE NORTH 1° 27' WEST 150.00 FEET; THENCE NORTH 880 33' EAST 150.00 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R. RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE— CREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 81 1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFOR— NIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 7 OF TRACT NO. 925 AS SHOWN ON A MAP RECORDED IN BOOK 29 PAGES 42, 43, AND 44 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 00 02' 40" EAST 150.00 FEET ALONG THE EAST LINE OF SAID TRACT; THENCE NORTH 790 43' 40" EAST 113.55 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 14, 1930 IPJ BOOK 358 PAGE 171 OF OFFICIAL RECORDS; THENCE SOUTH 10 56' EAST 150.00 FEET ALONG THE WESTERLY LINE OF THE LAND DE— SCRIBED IN SAID DEED TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 800 07' 50" WEST 118.67 FEET TO THE POINT OF BEGINNING. —3— A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 11 PAGE 49 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. . PARCEL 4: THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R. RIVAS, IN THE CITY OF F.NAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE- CREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALI- FORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POI!1T ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT 1,10. 925 RECORDED IN BOOK 29 PAGES 42, 43 AND 44 OF 24ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DISTANT SOUTH 00 01' 40" 117EST 152.71 FEET FROM THE SOUTHEAST CORNER OF LOT 6 OF SAID TRACT; THENCE NORTH 00 01' 40" EAST 152.71 FEET TO SAID SOUTHEAST CORNER; THENCE NORTHERLY 245.73 FEET ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF LOT 7 OF SAID TRACT; THENCE; NORTH 800 07' 50" EAST 118.67 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 14, 1930 IN BOOK 358 PAGE 171 OF OFFICIAL RECORDS; THENCE NORTH 880 04' EAST 150.00 FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 10 56' EAST 245.24 FEET TO A POINT ON A LINE DISTANT NORTH 840 37' 10" EAST 246.45 FEET FROM THE SOUTH- WEST CORNER OF SAID LOT 6; THENCE SOUTH 10 56' EAST 191.44 FEET; THENCE NORTH 870 25' WEST 281.65 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED IN THE DEED RECORDED OCTOBER 29, 1938 IN BOOK 951 PAGE 579, OF OFFICIAL RECORDS. EXCEPT that portion described as follows: BEGINNING at the point of intersection of the South- erly prolongation of the Easterly line of Tract No. 925 recorded in Book 29, pages 42, 43 and 44 of Mis- cellaneous Maps in the office of the County Recorder of Orange County with the Northerly line of the land described in the deed recorded October 29, 1938 in book 951 page 579 of Official Records of said Orange County said point being distant South 00 31' 19" West 107.31 feet along the Southerly prolongation of said Easterly line of Tract 925 from the Southeast corner of Lot 6 of said Tract; thence along said Northerly line North 820 12' 03" East 264.82 feet to an exten- sion of the Easterly line of land conveyed to Erolinda -4- Cota de Yorba by deed recorded March 12, 1903 in Book 88 page 74 of deeds, records of Orange County, Cali- fornia; thence South 00 02' 03" West along the exten- sion of said Easterly line 97.05 feet to the Southerly line of the above described parcel 4; thence along said Southerly line North 860 56' 00" West 263.12 feet to a point on the Southerly prolongation of said Easterly line of Tract 925; thence North 00 31' 19" East along said prolongation of the Easterly line of Tract 925, 47.04 feet to the POINT OF BEGITTkNG. be excluded from "RS-A-43,000(SC)" RESIDENTIAL/AGRICULTURAL (SCENIC CORRIDOR OVERLAY) ZONE and incorporated in "CL(SC)" COM1,4ERCIAL, LIMITED (SCENIC CORRIDOR OVERLAY) ZONE, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along La Palma Avenue and Imperial highway, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along La Palma Avenue and Imperial High- way shall be installed as required by the Director of Public Utili- ties, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; or that a bond, certi- ficate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along La Palma Avenue and Imperial Highway for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Pub- lic Works, as stipulated to by the petitioner. 4. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire De- partment prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer and the Orange County Flood Control District, as stipulated to by the petitioner. 7. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. -5- 8. That these reclassification proceedings are granted sub- ject to completion of annexation of subject property to the City of Anaheim. 9. That the owner(s) of subject property shall pay appropri- ate drainage assessment fees to the City of Anaheim, as determined by the City Engineer prior to issuance of a building permit. 10. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That the two (2) existing billboards located on subject property shall be removed prior to the issuance of a building per- mit. 12. That the lighting of signs on the subject property shall be in accordance with the limitations of the Scenic Corridor Zone - Overlay, as stipulated to by the petitioner. 13. That the signing of the subject property shall be in accordance with the signing requirements of the Scenic Corridor Zone -Overlay, as stipulated to by the petitioner. 14. That the property owner(s) shall install a landscaped median in La Palma Avenue, to control left -turn movements, with one (1) median opening at the entrance to the subject property, in accordance with City of Anaheim standards, and as stipulated to by the petitioner. 15. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit otos. 1 through 6; provided, however, that there shall be no roof -mounted equipment in accordance with the site development standards of the Scenic Corridor Zone -Overlay, as stipulated to by the petitioner. 16. Prior to the introduction of an ordinance rezoning sub- ject property, Condition otos. 1, 2,7 and 8, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 17. That Condition Nos. 3, 5, 6, 12, 13, 14 and 15, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby, authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim ?Municipal Code to accomplish the objects herein found and deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of November, 1976. 17IA O :- CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW : fm -7- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-704 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 November, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom , NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-704 on the 9th day of November, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of November, 1976. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-704 duly passed and adopted by the Anaheim City Council on the 9th day of November, 1976. CITY CLERK