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RES-1989-150RESOLUTION NO. $9R-150 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. 88-89-27 to consider an amendment to the goning 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 that the City Council of the City of Anaheim hereby certifies Final Environmental Impact Report No. 288 and adopts those certain findings, mitigation measures and statement of overriding considerations as more fully set forth in Anaheim City Planning Commission Resolution No. PC89-70, which findings, measures and statement are incorporated herein by this reference. BE IT FURTHER 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: RECLASS 88-89-27 That portion of Lot 15 of the Lockhart Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 4, Page 512 of Miscellaneous Maps, of the County Recorder of Los Angeles County, California, described as follows: Beginning at the most Northerly corner of the 5.25-acre tract of land conveyed by Harry O. Brainerd to William F. Gade by deed recorded in Book 527, Page 276 of Deeds of said Los Angeles County; Thence S 49° 09' 56" W a distance of 503.74 feet; Thence N 60° 41' 10" W a distance of 118.84 feet; to the beginning of a 342.00-£oot tangent curve, concave to the Northeast; Thence Northwesterly along said curve, through a central angle of 60° 31' 48" an arc distance of 361.51 feet; Thence N 00o 09'22" W a distance of 546.48 feet; Thence N 020 28' 08" E a distance of 240.18 feet to the TRUE POINT OF BEGINNING. Thence N 00o 09' ZZ" W a distance of 547.95 feet; Thence N 89° 59' 00" E a distance of 761.59 feet; Thence S 00° 04' £0" E a distance of 547.95 feet' Thence S 89° 59' 00" W a distance of 760.88 feet, to the TRUE POINT OF BEGINNING. The area of the above described parcel is 264,821 square feet or 6.08 acres, into the "CO" COMMERCIAL/OFFICE AND PROFESSIONAL ZONE of the City of Anaheim, subject to the following conditions: . That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 72 feet in width from the centerline of the street along State College Boulevard including a 25 foot radius at the proposed public street to be constructed in Phase II for street widening purposes. · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim that portion of the public street to be constructed in Phase II within the City of Anaheim (East/West Project Road). -2- RECLASS 88-89-27 · · · · That the legal owner of subject property shall dedicate to the City of Anaheim a strip of land 15 feet in width adjacent to the entire easterly property line within the City of Anaheim for storm drain purposes. That the developer shall conduct a study to determine the feasibility of providing sanitary sewer service. Sanitary sewers shall be constructed as determined to be necessary by that study to the satisfaction of the City Engineer. Security in the form of a bond, certificate of deposit, letter of credit or cash shall be posted with the City prior to introduction of an ordinance rezoning subject property to guarantee the satisfactory completion of the sewer prior to final building and zoning inspections for the first building in Phase I. That a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim prior to introduction of an ordinance rezoning subject property to guarantee the removal of existing street improvements along State College Boulevard and reconstruction/construction of full street improvements at the ultimate location when required by the City Engineer. That street lighting facilities along State College Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or 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 the introduction of an ordinance rezoning subject property. The above-required improvements shall be installed prior to occupancy of the first building in Phase I. That the developer of subject property shall, at no cost to the City of Anaheim, place underground the existing overhead utilities within the public right-of-way on the subject property (east side of State College Boulevard) including any transitional needs off-site as determined by the 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 prior to introduction of an ordinance rezoning subject property to guarantee the satisfactory completion of the above-mentioned improvements prior to final building and zoning inspections for the first building in Phase I. That a fee shall be paid to the City of Anaheim for tree planting along State College Boulevard in an amount as established by City Council resolution. -5- RECLASS 88-89-27 · That the vehicular access rights to State College Boulevard except at approved access points, shall be dedicated to the City of Anaheim. 10. That prior to the 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 a 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. 11. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 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. 12. 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 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. 13. That the developer shall be held responsible for complying with the future monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 288 that have been incorporated as Conditions of Approval for subject project. 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. -4- RECLASS 88-89-27 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of April, 1989. ATTEST' CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3069L 042689 -5- RECLASS 88-89-27 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 Resolution No. 89R-150 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of April, 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 Resolution No. 89R-150 on the 3rd day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 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 of Resolution No. 89R-150 duly passed and adopted by the Anaheim City Council on April 25, 1989.