91-164 RESOLUTION NO. 9!R-!64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING
MAP REFERRED TO IN TITLE 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. 90-91-25 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 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 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:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
RECLASS 90-91-25
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE
NORTHEASTERLY RIGHT OF WAY LINE OF A 60 FOOT
STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED
JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS,
WITH THE NORTHERLY RIGHT OF WAY LINE OF
CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT
BEING ON A CURVE IN SAID NORTHEASTERLY RIGHT OF
WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 630.00 FEET, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 82° 54' 41" EAST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4° 37' 14", A DISTANCE OF 50.81 FEET;
THENCE NORTH 6° 55' 00" WEST ALONG THE EASTERLY
LINE OF LAND DESCRIBED IN A DEED TO THE STATE
OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK
257, PAGE 462 OF OFFICIAL RECORDS, TO THE
SOUTHWEST CORNER OF TRACT 3313, AS SHOWN ON A
MAP RECORDED IN BOOK 107, PAGES 34 TO 37
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE NORTH 89° 56'
31" EAST 1161.91 FEET ALONG THE SOUTHERLY LINE
OF SAID TRACT NO. 3313, TO THE WESTERLY LINE OF
THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS
DESCRIBED IN A DEED RECORDED AUGUST 18, 1899 IN
BOOK 44, PAGE 226 OF DEEDS; THENCE SOUTH 15°
25' 43" EAST 78.85 FEET ALONG SAID WESTERLY
LINE OF THE EASTERLY LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 23; THENCE WEST ALONG SAID SOUTHERLY
LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
SAID 60.00 FOOT STATE HIGHWAY; THENCE NORTHERLY
ALONG SAID NORTHEASTERLY LINE TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THE EAST 144.51 FEET OF SAID
LAND.
ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID
LAND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE WHICH
IS PARALLEL WITH THE SOUTHERLY LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 23 "CENTER
LINE OF CERRITOS STREET" AND DISTANT NORTH
220.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID
SOUTHERLY LINE, AND THE EASTERLY LINE OF THE
LAND DESCRIBED IN A DEED TO THE STATE OF
CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257,
- 2 -
RECLAS S 90-91-25
PAGE 462 OF OFFICIAL RECORDS "EASTERLY LINE OF
LOS ANGELES STREET"; THENCE SOUTH 6° 55' 00"
EAST ALONG SAID EASTERLY LINE, A DISTANCE OF
150.99 FEET TO A POINT OF A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 630.00 FEET,
SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF
WAY LINE OF A 60.00 FOOT STATE HIGHWAY, AS
DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN
BOOK 258, PAGE 66 OF DEEDS, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 78° 17~ 27"
EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 6° 26' 29" AND AN ARC
DISTANCE OF 70.92 FEET TO A POINT IN THE
SOUTHERLY LINE, A DISTANCE OF 221.36 FEET;
THENCE NORTH AND AT RIGHT ANGLES TO SAID
SOUTHERLY LINE, A DISTANCE OF 220.00 FEET;
THENCE WEST AND PARALLEL WITH SAID SOUTHERLY
LINE, A DISTANCE OF 250.00 FEET TO THE POINT OF
BEGINNING.,
into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim,
subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim an additional
easement northerly along Anaheim Boulevard from the ultimate
right-of-way line at the corner of the intersection of Anaheim
Boulevard and Cerritos Avenue and varying in width from twelve
(12) feet for the first three-hundred (300) feet and then
transitioning from twelve (12) feet to 0 feet the next three
hundred (300) feet, in accordance with Critical Intersection
Standard Detail No. 138.
2. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim an easement fifty
three (53) feet in width from the centerline of Cerritos
Avenue for street widening purposes.
3. That prior to introduction of an ordinance rezoning subject
property or within a period of ninety (90) days from the date
of this resolution, whichever occurs first, the legal owner(s)
of subject property shall execute and record an unsubordinated
covenant in a form approved by the City Attorney's office
wherein such owner(s) agree not to contest the formation of
any assessment district(s) which may hereafter be formed
pursuant to the provisions of Development Agreement No. 83-01
between the City of Anaheim and Anaheim Stadium Associates,
which district(s) could include such legal property owner's
property. A copy of the recorded covenant shall then be
submitted to the Zoning Division.
4. That approval of this reclassification is subject to adoption
of General Plan Amendment No. 319 redesignating subject
property for General Commercial land uses.
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RECLASS 90-91-25
5. That all engineering requirements of the City of Anaheim for
critical intersection implementation along Anaheim Boulevard
including preparation of improvement plans and installation of
all improvements such as curbs, gutters, sidewalks, striping,
marking, signage, modification of existing traffic signal, or
other appurtenant work shall be complied with as required by
the City Engineer 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 the amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory
completion of said improvements. The improvements shall be
constructed prior to final building and zoning inspections.
6. That prior to introduction of an ordinance rezoning subject
property, Condition Nos. l, 2, 3, 4 and 5, 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 (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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day of June, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34R909125.12
060791
RECLASS 90-91-25
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. 91R-164 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 4th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly, Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-164 on the 5th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of June, 1991.
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. 91R-164, duly passed and
adopted by the City Council of the City of Anaheim on June 4, 1991.
CITY CLERK OF THE CITY OF ANAHEIM