87-445
RESOLUTION NO. 87R-445
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. 87-88-12 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 approved 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
~ode 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
\naheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
87-88-12
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THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4
SOUTH, RANGE II WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7, ET
SEG., MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID WEST
HALF 200 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
THENCE WEST ALONG SAID SOUTH LINE 100 FEET, THENCE
NORTH PARALLEL TO THE EAST LINE OF SAID WEST HALF 365
FEET TO THE NORTH LINE OF THE LAND CONVEYED TO BOLLY
B. BOYKIN AND WIFE, BY DEED RECORDED DECEMBER 24,
1948, IN BOOK 1779 PAGE 81 OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE EAST ALONG THE NORTH LINE OF SAID LAND OF
BOYKIN AND WIFE, 100 FEET; THENCE SOUTH 365 FEET TO
THE POINT OF BEGINNING.
THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE II WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION, 300 FEET WEST OF THE SOUTHEAST CORNER
THEREOF; THENCE WEST ALONG SAID SOUTHERLY LINE, 150.00
FEET, THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
WEST ONE-HALF 365 FEET TO THE NORTH LINE OF THE LAND
CONVEYED TO BOLLY B. BOYKIN AND WIFE BY DEED RECORDED
DECEMBER 24, 1948 IN BOOK 1779 PAGE 81 OF OFFICIAL
RECORDS; THENCE EAST ALONG THE NORTH LINE OF SAID LAND
OF BOYKIN AND WIFE, 150 FEET; THENCE SOUTH 365 FEET TO
THE TRUE POINT OF BEGINNING,
into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of
Anaheim, subject to the following conditions:
1.
That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim an additional
strip of land along Ball Road, measured easterly from the
back-of-curb at the corner of the intersection of Dale
Avenue and Ball Road, and varying in width from 12 feet
for the first 300 feet and then transitioning from 12
feet to 0 feet for the next 300 feet. In the event that
General Plan Amendment No. 210 pertaining to Critical
Intersections is not adopted by the City Council, this
condition shall be considered null and void.
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2.
That all engineering requirements of the City of Anaheim
along Ball Road, including preparation of improvement
plans and installation of all improvements such as curbs
and gutters, sidewalks, water facilities, street grading
and pavement, sewer and drainage facilities, or other
appurtenant work shall be complied with as required by
the City Engineer and in accordance with specifications
on file in the Office of the City Engineer; 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 to guarantee the satisfactory completion of said
improvements. Said security shall be posted with the
City prior to introduction of an ordinance rezoning
subject property, to guarantee the installation of the
above-required improvements prior to occupancy.
3 .
That street lighting facilities along Ball Road shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
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 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.
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. I through 4,
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.
4.
5 .
That the developer record an unsubordinated covenant in a
form approved by the City Attorney, and shall comply with
all terms and conditions of that covenant, to the effect
that occupancy of each unit of the project shall be
limited to not more than two (2) persons (over the age of
two [2] years) per bedroom.
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.
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THE FOREGOING RESOLUTION is approved and adopted by
City Council of the City of Anaheim this 27th day of October,
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MAYOR OF THE CITY
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CLERK
STArE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
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1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R- 445 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 October, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
NOES:
COUNCIL MEMBERS:
None
AöSENT:
COUNCIL MEMBERS:
None
kiD 1 FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-445 on the 27th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of October, 1987.
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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. 87R-445 duly passed and
adopted by the Anaheim City Council on October 27, 1987.
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CITY CLERK OF THE CITY OF ANAHEIM
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