5048ORDINANCE NO. 5048
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE CONDITIONS OF APPROVAL SET
FORTH IN ORDINANCE NO. 4861 RELATING TO
SPECIFIC PLAN 87-1 ZONING
WHEREAS, the City Council of the City of Anaheim has
heretofore adopted Ordinance No. 4861 pursuant to Chapter 18.93 of
the Anaheim Municipal Code relating to reclassification of certain
real property described therein into the Specific Plan 87-1 Zone
subject to contain conditions as specified therein; and
WHEREAS, certain conditions of approval as set forth in
Ordinance No. 4861 have heretofore been amended from time to time;
and
WHEREAS, the City Council desires to amend certain of
said conditions of approval as set forth in Ordinance No. 4861 and
has complied with the procedures set forth in Chapter 18.93 of the
Anaheim Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 4861 be, and the same is hereby,
amended by the amendment of Condition No. 52 as set forth therein
to read as follows:
1152. That if landscape maintenance is to be financed through a
Homeowner's Association, which association has been found
to be acceptable to the City of Anaheim, the owner of
subject property shall execute and record a covenant
obligating the Homeowners Association to (1) maintain the
landscaped portion of parkways of any arterial street
parkways adjacent to Association maintained slopes and/or
common areas, and all median islands installed in
conjunction with said subdivision; (2) indemnify and hold
the City of Anaheim harmless for damages resulting
therefrom; and (3) maintain liability insurance in the
minimum amount of $500,000 per occurrence for said
parkways and median islands, naming the City as an
additional insured. The form of said covenant shall be
approved by the City Attorney's Office and shall be
recorded prior to (i) the sale of the first residential
lot, (ii) the issuance of the first temporary or final
Certificate of Occupancy for any residential units, or
(iii) actual occupancy of any residential units by any
person, whichever occurs first. The developer of each
tract or parcel shall improve and maintain the
hereinabove described parkways and median islands,
including providing the above specified insurance, until
such time as the Homeowners Association becomes legally
obligated therefore as hereinabove provided. The
developer shall post a bond in an amount and form
satisfactory to the City of Anaheim to guarantee
performance of the developer's obligations herein
described. Evidence of the required insurance and bond
shall be submitted to and approved by the City Attorney's
Office prior to (i) the sale of the first residential
lot, (ii) the issuance of the first temporary or final
Certificate of Occupancy for any residential unit, or
(iii) actual occupancy of any residential units by any
person, whichever occurs first."
SECTION 2.
That, except as expressly amended herein, Ordinance No.
4861, as heretofore amended, shall remain in full force and effect.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of August, 1989.
AHEIM
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CLERK
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 Ordinance No. 5048 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 25th day of July, 1989, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 1st day of August, 1989, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5048 on the 2nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 2nd day of August, 1989.
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 Ordinance No. 5048 and was published once in the
Anaheim Bulletin on the 11th day of August, 1989.
CITY CLERK OF SHE CITY OF ANAHEIM