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1985-179RESOLUTION NO. 85R-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. 84-85-28 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 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 duly hold and conduct such 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 should be excluded from the zone or situated and incorporated in the zo forth. NOW, THEREFORE, City of Anaheim that the indicate its intention to Anaheim and to rezone and property, situated in the of California, to wit: PARCEL 1: does find and determine that 18 of the Anaheim Municipal property hereinafter described zones in which it is now ne and zones as hereinafter set BE IT RESOLVED by the City Council of the City Council does hereby declare and amend the Zoning Map of the City of reclassify the following described City of Anaheim, County of Orange, State THOSE PORTIONS OF LOT 1 OF MRS. BUSH'S SUBDIVISION OF A PORTION OF THE BUSH TRACT, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 52, MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, OF THE THIRD CLASS LAND ALLOTTED TO Y. Y. DE COTA ACCORDING TO A MAP ATTACHED TO AND MADE A PART OF THE -1- 84-85-28 DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 28, PAGE 158 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER AND OF THE LAND ALLOTTED TO MARIA PERALTA DE ALVAREZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF SAID 17TH JUDICIAL DISTRICT COURT, DESCRIBED AS FOLLOWS: BEGINNING AT A "X" IN THE PAVEMENT MARKING THE INTERSECTION OF THE CENTERLINE OF THE SANTA ANA CANYON ROAD AS SURVEYED IN 1926 BY THE COUNTY OF ORANGE WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION, SAID POINT BEING 30.00 FEET NORTHERLY FROM THE NORTHWEST CORNER OF LOT 1 OF TRACT NO. 936, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGES 1 AND 2 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 12' 30" WEST ALONG SAID EXTENDED LINE AND ALONG THE EASTERLY LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION AND THE NORTHERLY EXTENSION THEREOF 1251.74 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO ORANGE COUNTY WATER DISTRICT, RECORDED AUGUST 29, 1940 IN BOOK 1059, PAGE 193 OFFICIAL RECORDS, SAID POINT BEING 28.54 FEET NORTH 0° 12' 30" WEST FROM THE NORTHEAST CORNER OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION; THENCE NORTH 81° 42' 05" WEST 186.55 FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE NORTH 84° 29' 55" WEST 233.25 FEET ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED, SAID POINT BEING 23.50 FEET NORTH 0° 15' 30" WEST FROM THE NORTHWEST CORNER OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION; THENCE SOUTH 0° 15' 30" EAST 1322.41 FEET ALONG THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 1 OF MRS. BUSH'S SUBDIVISION AND ALONG THE WESTERLY LINE AND THE SOUTHERLY EXTENSION THEREOF TO THE CENTER LINE OF SAID SANTA ANA CANYON ROAD; THENCE NORTH 87° Ol' 00" EAST 415.46 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTH OF THE SOUTH LINE OF THE MAIN CANAL OF THE SANTA ANA VALLEY IRRIGATION COMPANY. ALSO EXCEPTING THEREFROM THE PORTION CONVEYED TO SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934, AS INSTRUMENT NO. 16235, IN BOOK 685, PAGE 255, ~. OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 2, 1948, AS INSTRUMENT NO. 9162, IN BOOK 1731, PAGE 517, OFFICIAL RECORDS. -2- NOTE. PART OF SAID PER MAP RECORDED IN MAPS, IN THE OFFICE ORANGE COUNTY. PART 2: LAND IS WITHIN TRACT NO. 4958, AS BOOK 208, PAGE 48 OF MISCELLANEOUS OF THE COUNTY RECORDER OF SAID THAT PORTION OF THE LAND ALLOTTED TO THE HEIRS OF DOMINGUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WEST LINE OF LOT 1 OF TRACT NO. 936, AS PER M.AP RECORDED IN BOOK 30, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE CENTER LINE OF SANTA ANA CANYON ROAD AS SHOWN ON SAID MAP; THENCE NORTH 87° O1' 00" EAST, 1252.00 FEET ALONG SAID CENTER LINE; THENCE NORTH 0° 34' 00" WEST, 1170.88 FEET; THENCE SOUTH 85° 54' 35" WEST, 650.52 FEET; THENCE SOUTH 85° 54' 35" WEST, 650.52; THENCE NORTH 82° 47' 30" WEST, 599.10 FEET TO THE WEST LINE OF SAID ALLOTMENT; THENCE SOUTHERLY 1264.80 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934, IN BOOK 685, PAGE 255, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE BOUNDARIES OF THE LAND CONVEYED TO ORANGE COUNTY WATER DISTRICT BY DEED RECORDED OCTOBER 29, 1938, AS INSTRUMENT NO. 29600, IN BOOK 951, PAGE 579, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1 WITH SAID CENTER LINE; THENCE SOUTH 87° 16' 00" WEST, 446.10 FEET ALONG SAID CENTER LINE TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT l; THENCE NORTH 0° 02' 00" WEST, 44.18 FEET ALONG SAID PROLONGATION; THENCE NORTH 87° 39' 38" EAST TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE SANTA ANA VALLEY IRRIGATION COMPANY, RECORDED IN BOOK 685, PAGE 255, OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 355.00 FEET TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. -3- ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTH OF THE SOUTH LINE OF THE MAIN CANAL OF THE SANTA ANA VALLEY IRRIGATION COMPANY. ALSO EXCEPTING THEREFROM ALL GAS, OIL, MINERAL AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF 500 FEET FOR THE PURPOSE OF EXPLORING FOR, BORING, MINING, DRILLING, REMOVING, EXTRACTING OR MARKETING SAID SUBSTANCES, AS RESERVED BY MABEL ANN YORBA, A WIDOW, IN THE DEED RECORDED JANUARY 25, 1963. ALSO EXCEPTING THEREFROM ALL RIPARIAN RIGHTS ATTRIBUTABLE TO SAID LAND AS RESERVED BY MABEL ANN YORBA, A WIDOW, IN THE DEED RECORDED JANUARY 25, 1963. PARCEL 3: ALL THAT CERTAIN REAL PROPERTY LYING WITHIN THE LAND ALLOTTED TO THE HEIRS OF DOMINGUEZ AND TO THE HEIRS OF LEANDRO SERRANO IN THE DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, AND WITHIN LOT 1 OF MRS. BUSH'S SUBDIVISION OF A PORTION OF THE BUSH TRACT PER THE MAP RECORDED IN BOOK 36, PAGE 52 OF MISCELLANEOUS RECORDS OF SAID LOS ANGELES COUNTY, SHOWN AS "S. A. V. I. CANAL", 46.00 FEET IN WIDTH, ON THE MAP OF TRACT NO. 4958 RECORDED IN BOOK 208, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, into the "CO(SC)" COMMERCIAL OFFICE AND PROFESSIONAL (SCENIC CORRIDOR) OVERLAY ZONE of the City of Anaheim, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road and Pinney Drive, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate 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 satisfactory completion of said improvements. Said security shall be posted with the City prior to adoption of the ordinance rezoning subject property, to guarantee the installation of the above-required improvements prior to occupancy. -4- 2. That street lighting facilities along Santa Ana Canyon Road and Pinney Drive shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to adoption of the ordinance rezoning subject property. The above-required improvements shall be installed prior to occupancy. 3. That a curbed median and deceleration and acceleration lanes shall be constructed on Santa Ana Canyon Road to the satisfaction of the City Engineer, and that security in the form of a bond certificate 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to adoption of the ordinance rezoning subject property to guarantee the installation of the above-required improvements prior to occupancy. 4. That reasonable landscaping including irrigation facilities shall be installed in the uncemented portion of the parkway on Pinney Drive and Santa Ana Canyon Road and the median island on Santa Ana Canyon Road, and that security in the form of a bond, certificate 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to adoption of the ordinance rezoning subject property to guarantee the installation of the above-required improvements prior to occupancy. Landscape plans shall be submitted with improvement plans for approval by t he City of Anaheim. After acceptance by the City, landscaping in the median shall be maintained by the City. 5. That the vehicular access rights to Pinney Drive shall be dedicated to the City of Anaheim. 6. That the owner of subject property shall submit a letter requesting termination of Reclassification No. 76-77-63 and Variance No. 2946 to the Planning Department. 7. That the owner of subject property shall acquire access rights to Santa Ana Canyon Road, at those locations as approved by "~' the City Traffic Engineer. 8. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land as required by the City Engineer for the construction of sidewalks along Santa Ana Canyon Road and Pinney Drive. -5- 9. That the owner of subject property shall record a deed restriction to stipulate that the use of the property shall be limited to general business offices and shall not include any medical offices. A copy of the recorded deed restriction shall be furnished to the Planning Department. 10. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8 and 9, above-mentioned, shall be completed. 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 year from the date of this resolution, or such further time as the Planning Commission may grant. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7 h day of May, 1985. MAYOR OF THE CITY OF AN EIM ATTEST: --. / ; ,~ ~, _ C TY CLERK F THE CITY OF ANAHEIM JLW : f m 3720M 061185 -6- 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. 85R-179 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of May, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-179 on the 7th day of May, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of May, 1985. CITY CLERK OF T CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHi, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-179 duly passed and adopted by the Anaheim City Council on May 7, 1985. ~, . CITY CLERK