88-374RESOLUTION NO. 88R-374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM RELATING 'FO THE IMPLEMENTATION OF
CERTAIN CONDITIONS OF APPROVAL AS SET FORTH IN
RESOLUTIONS NOS. 88R-69 AND 88R-70 AND
ORDINANCE NO. 4910.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted its Resolutions Nos. 88R-69 and 88R-70 and
Ordinance No. 4910 relating to the approval of Specific Plan No.
88-01 for the development of certain real property (hereinafter
"Property") as described in said resolutions and ordinance and
commonly known as the Sycamore Canyon project; and
WHEREAS, said resolutions and ordinance contain certain
conditions of approval which must be complied with within certain
time limitations as specified therein; and
WHEREAS, Conditions Nos. 12, 59, 60, 61, 80 and 96 of
Resolutions Nos. 88R-69 and 88R~70 (hereinafter "Conditions")
require the performance of certain actions (hereinafter "Actions")
prior to, or in conjunction with, the approval of the first final
tract map or parcel map (other than Parcel Map No. 87-210) for
said development or at such other later time as may be approved by
the City Council; and
WHEREAS, the owner/developer of said Sycamore Canyon
project has heretofore submitted a request to the City Council
that the required performance of said Actions as identified in
said Conditions be deferred to such later date(s) as hereinafter
specified; and
WHEREAS, the City Council has considered said request and
heard testimony in conjunction therewith.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that compliance with the Actions identified in
said Conditions, and each of them, be and the same is hereby
deferred and modified so as to require performance of each of said
Actions by the owner/developer of the Sycamore Canyon project
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 unit by any person.
BE IT FURTHER RESOLVED that the deferred performance of
said Actions as approved herein by the City Council is conditional
upon the execution and recordation of an unsubordinated covenant
(hereinafter "Covenant") upon the Property by the owner thereof,
in a form approved by the City Attorney, imposing the obligations
contained in said Actions, and each of them, upon each and every
lot included in the Property. Said Covenant shall be recorded
concurrently with the final map for the portion of the Property
affected thereby and, if said Covenant is not so executed and
recorded, this resolution and the approvals set forth herein
deferring performance of said Actions, shall be deemed
inapplicable and null and void as to any such portion of the
Property for which a final map is recorded without the concurrent
recordation of said Covenant.
BE IT FURTHER RESOLVED that the timely execution and
recordation of said Covenant shall be deemed a financial mechanism
acceptable to and approved by the City for purposes of Condition
No. 29 of Ordinance No. 4910 and Resolution Nos. 88R-69 and 88R-70
and the timely recordation of said Covenant shall be deemed
compliance with said Condition No. 29 of each such ordinance and
resolution.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of September,
1988.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CI Y CLE[~K OF THE CITY OF ANAHEIM
JLW:lm
2758L
-2-
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~374 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of September, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-374 on the 18th day of October, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of October, 1988.
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. 88R-374 duly passed and
adopted by the Anaheim City Council on September 27, 1988.
CITY CLERK OF THE CITY OF ANAHEIM