88-402RESOLUTION NO. 88R-402
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. 88-89-09 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:
PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED
BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
IN
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 17, A
DISTANCE OF 105.00 FEET TO THE SOUTHWEST CORNER OF THE LAND
DESCRIBED 1N DEED TO MARY CLARK, RECORDED AUGUST 4, 1955, IN
BOOK 3161, PAGE 522 OF OFFICIAL RECORDS; THENCE ALONG THE
WESTERLY LINE OF THE |.AND DESCRIBED IN SAID DEED, NORTH 0
DEGREES 25' 14" EAST 210.00 FEET TO THE NORTHWEST CORNER
THEREOF; THENCE SOUTH 89 DEGREES 57' 09" EAST 105.00 FEET TO
THE EASTERLY LINE OF SAID WEST HALF; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE 210.00 FEET TO THE POINT OF THE BEGINNING.
PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 17, SAID POINT BEING 100
FEET WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTtiEAST QUARTER OF THE SOUTHWEST QUARTER 117 FEET; THENCE
NORTH 0 DEGREES 25' 14" EAST 210 FEET; THENCE SOUTH 89 DEGREES
57' 09" EAST 117 FEET; THENCE SOUTH 0 DEGREES 25' 14" WEST 210
FEET TO THE POINT OF THE BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITH PARCEL 1.
into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY 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
fifty-three (53) feet in width from the centerline of the
street along Ball Road for street widening purposes.
That a fee shall be paid
lighting along Ball Road
Council resolution.
to the City of Anaheim for street
in an amount as determined by City
That a fee shall be paid
planting along Ball Road
Council resolution.
to the City of Anaheim for tree
in an amount as determined by City
That prior to introduction of an ordinance rezoning subject
property, the legal property owner shall prepare and record an
unsubordinated covenant limiting occupancy of each apartment
unit to no more than two (2) persons (other than children
under the age of two (2) years) per bedroom. Said limitation
shall be included in each lease/rental agreement. A copy of
the covenant shall be submitted to and approved by the City
Attorney prior to recordation. A copy of the recorded
covenant shall be furnished to the Zoning Division.
That a covenant shall be recorded agreeing to provide the
renter of each dwelling unit with written information obtained
from the School District(s) pertaining to possible overcrowded
conditions and busing status of the school(s) serving the
dwelling unit.
-2-
6. property shall submit a letter
Reclassification No. 87-88-58 to the
That the owner of subject
requesting termination of
Zoning Division.
That a perpetual easement agreement for a strip of land five
(5) feet wide for Public Utilities purposes located along the
easterly property line of subject property shall be submitted
to the City Attorney's Office for review and approval. The
approved agreement shall then be filed and recorded in the
Office of the Orange County Recorder. Proof of said
recordation shall be submitted to the Zoning Division.
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1 through 7, 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.
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.
BE 1T 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~~ember, 1988.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
-CITY CLERK OF THE CITY OF ANAHEIM
JLW: dm
2812L
-3-
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. 88R-402 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of November, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Pickler and Bay
Kaywood
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-402 on the 15th day of November, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of November, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONOV~. N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-402 duly passed and
adopted by the Anaheim City Council on November 8, 1988.
CITY CLERK OF THE CITY OF ANAHEIM