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95-170 RESOLUTION NO.95R-170 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. 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 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: PARCEL 1: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF 1 LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74 DEG. 28' 11" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEET; THENCE SOUTH 15 DEG. 31' 49" EAST 185.16 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 25 TO THE SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO HERMAN HENRY BRUNS AND WIFE, RECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE 12, OFFICIAL RECORDS; THENCE SOUTH 74 DEG. 28' 11" WEST 320.00 FEET ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 25; THENCE NORTH 15 DEG. 31' 49" WEST 185.16 FEET TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS OF SURVEY. PARCEL 2: THE NORTHERLY 70.00 FEET OF THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID CORNER BEING ALSO THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET WITH THE SOUTH LINE OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON SAID MAP OF ANAHEIM EXTENSION; THENCE ALONG THE WESTERLY LINE OF SAID LOT 25 CENTER LINE OF LOS ANGELES STREET) NORTH 15 DEG. 30' 00" WEST 417.85 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO HERMAN HENRY BRUNS AND EDNA EMiWA BRUNS; BY DEED RECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE 12 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 74 DEG. 30' 00" EAST 512.43 FEET; THENCE SOUTH 0 DEG. 03' 00" EAST 539.27 FEET TO THE SOUTHERLY LINE OF SAID SECTION 15; THENCE SOUTH 89 DEG. 57' 00" WEST TO THE POINT OF BEGINNING. 2 EXCEPT THE WESTERLY 300.00 FEET THEREOF. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 54, PAGE 22 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 AND 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF LOS ANGELES STREET, NORTH 15 DEG. 32' 15" WEST 160.35 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF BALL ROAD, SAID CENTER LINES BEING CONSTRUED TO BE LOT LINES FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING NORTH 15 DEG 32' 15" WEST 257.50 FEET THENCE NORTH 74 DEG. 27~ 45" EAST 300.00 FEET; THENCE PARALLEL WITH SAID LOS ANGELES STREET, SOUTH 15 DEG. 32' 15" EAST TO THE SAID CENTERLINE OF BALL ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO BERTHAN L. PELLAK, ET UX., RECORDED JUNE 29, 1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS; THENCE NORTH 15 DEG. 32' 15" WEST 237.40 FEET ALONG THE SAID NORTHEASTERLY LINE AND ITS PROLONGATION TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION RECORDED DECEMBER 3, 1959 IN BOOK 4997, PAGE 576, OFFICIAL RECORDS; THENCE SOUTH 74 DEG. 27' 45" WEST 278.86 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID BALL ROAD 60.00 FEET WIDE. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS OF SURVEY. PARCEL 4: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED 3 IN BOOK 3, PAGE 163, ET SEQ., ENTITLED LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25 (WHICH FOR THE PURPOSES OF THIS DESCRIPTION, IS CONSTRUED TO BE THE CENTERLINE INTERSECTION OF LOS ANGELES STREET (NOW KNOWN AS ANAHEIM BLVD. AND BALL ROAD); THENCE NORTH 15 DEG. 32' 15" WEST ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 153.86 FEET; THENCE EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 25, A DISTANCE OF 170.00 FEET; THENCE SOUTH 15 DEG. 32' 15" EAST ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 25, A DISTANCE OF 153.86 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 25, TO THE POINT OF TRUE BEGINNING. EXCEPT THE SOUTH 30 FEET THEREOF. PARCEL 5: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN BOOK 3, PAGES 163, ET SEQ., ENTITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25, SAID CORNER FOR THE PURPOSE OF THIS DESCRIPTION BEING CONSIDERED TO BE THE INTERSECTIONS OF THE CENTERLINE OF LOS ANGELES STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15 DEG. 32' 15" WEST, ALONG THE CENTERLINE OF SAID LOS ANGELES STREET, 160.35 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE SOUTH 15 DEG. 32' 15" EAST 6.49 FEET; THENCE NORTH 89 DEG. 54' 30" EAST PARALLEL WITH SAID CENTERLINE OF BALL ROAD, 170.00 FEET TO THE WESTERLY LINE OF THE LAND CONVEYED TO BERTRAM L. POLLACK AND WIFE, BY DEED RECORDED JUNE 29, 1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 15 DEG. 32' 15" WEST ALONG SAID WESTERLY LINE, 25.95 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 74 DEG. 27' 45" EAST ALONG THE NORTHERLY LINE OF SAID LAND, 115.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE 4 NORTH 15 DEG. 32' 15" WEST ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID L~ND, 25.79 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 74 DEG. 27' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 74 DEG. 32' 45" WEST 278.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF MADE BY WILLIAM HAMEL AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT, DISTANT THEREON 170.00 FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS BALL ROAD, ADJOINING SAID LOT ON THE SOUTH, WITH THE CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS LOS ANGELES STREET, ADJOINING SAID LOT ON THE WEST AND RUNNING THENCE NORTH 15 DEG. 32' 15" WEST, PARALLEL WITH SAID WEST LINE, 179.81 FEET; THENCE NORTH 74 DEG. 27' 45" EAST 115.00 FEET; THENCE SOUTH 15 DEG. 32' 15" EAST 211.6 FEET TO THE CENTERLINE OF SAID BALL ROAD; THENCE WESTERLY ALONG SAID CENTERLINE, 119.32 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTHERLY 50.00 FEET LYING WITHIN BALL ROAD, into the "CL" COMMERCIAL, LIMITED ZONE of the city of Anaheim, subject to the following conditions: 1. That the property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 241 (to establish a school in the real estate, insurance and building fields), 459 (to permit an auto and truck overhaul, paint, mechanical, and body repair facility), 749 (to permit used car sales and new care storage, including all uses incidental thereto, and to permit encroachment into the P-L "Parking-Landscaping" Zone for such sales and storage), 2509 (to permit an automobile dealership with waiver of minimum landscape setback), and Variance No. 2146 (waiver of maximum sign height within 300 feet of residential uses). 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 5 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. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution i~ 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 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 26th day of September, 1995. CITY CLERK OF THE CITY OF AN~EIM 14046.1\JW~TE\Septe~ber 27, 1995 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. 95R-170 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of September, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None ABSTAINED: MAYOR/COUNCIL: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-170 on the 26th day of September, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of September, 1995. 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. 95R-170 was duly passed and adopted by the City Council of the City of Anaheim on September 26th, 1995. CITY CLERK OF THE CITY OF ANAHEIM