93-233 RESOLUTION NO. 93R-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANA/{EIM 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. 93-94-03 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 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:
THAT PORTION OF LAND GRANTED TO THE SANTA ANA
VALLEY IRRIGATION COMPANY BY DEED RECORDED OCTOBER
9, 1947 IN BOOK 1536, PAGE 487, OF OFFICIAL RECORDS
OF ORANGE COUNTY BEGINNING AT A POINT OF
INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY LINE
ESTABLISHED IN SAID DEED AND THE SOUTHERLY RIGHT OF
WAY LINE OF SANTA ANA CANYON ROAD PER DEED RECORDED
IN BOOK 1661, PAGE 232, OF OFFICIAL RECORDS OF
ORANGE COUNTY, THENCE SOUTH 44 DEG. 50' 38" WEST
5.64' THENCE SOUTH 27 DEG. 39' 18" WEST 144.34',
THENCE SOUTH 7 DEG. 17' 53" WEST 135.19', THENCE
SOUTH 7 DEG. 01' 27" EAST 140.32, THENCE NORTH 81
DEG. 35' 16" EAST 25.01 ', THENCE SOUTH 7 DEG. 01'
27" 10.00', THENCE SOUTH 76 DEG. 25' 57" WEST
26.70' THENCE NORTH 7 DEG. 01' 27" WEST 152.82',
THENCE NORTH 7 DEG. 17' 53" EAST 119.93' THENCE
NORTH 27 DEG. 39' 18" EAST 127.80, THENCE NORTH 44
DEG. 50' 38" EAST 168.51' TO THE INTERSECTION OF
THE SOUTHERLY RIGHT OF WAY LINE OF SANTA ANA CANYON
ROAD PER THE AFORE REFERENCED DEED, THENCE SOUTH 61
DEG. 11' 44" EAST TO THE POINT OF BEGINNING,
into the "CL (SC)" COMMERCIAL LIMITED, SCENIC CANYON OVERLAY, ZONE of
the City of Anaheim, subject to the following conditions:
1. That a street improvement plan shall be submitted to the Public
Works-Engineering Department to construct a median island on
Santa Ana Canyon Road to prohibit left turn movements. Prior to
introduction of an ordinance finalizing subject
reclassification, a bond guaranteeing the construction of said
median shall be posted with the Public Works-Engineering
Division. Said median shall be constructed within a period of
one (1) year after adoption of an ordinance finalizing subject
reclassification.
2. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration, Condition
No. 1, 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.
3. 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.
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BE IT FURTHER RESOLVED that this resolution shall not
constitute a rezoning of, or a commitment by the city to rezone, the
subject property; any said rezoning shall require an ordinance of the
City Council which shall be a legislative act which may be approved
or denied by the City Council at its sole discretion.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of December, 1993.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
4961.1\J~4HIT£\December 8, 1993 -- 3 --
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. 93R-233 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 7th day of December, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-233
on the 8th day of December, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of December, 1993.
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. 93R-233 was duly passed and adopted by the City Council of the City of
Anaheim on December 7, 1993.
CITY CLERK OF THE CITY OF ANAHEIM