Loading...
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 ...., ..... 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. -2- ,.., .... 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. ,.., -3- ...... THE FOREGOING RESOLUTION is approved and adopted by City Council of the City of Anaheim this 27th day of October, '2 . \~'- ~ MAYOR OF THE CITY ,1\ TTEST: /-¡ /; 1 C;~~ÕF'~ Ct~~AHEIM BG/jb 2l06L 11l687 .'" -4- 11" the 1987. ... CLERK STArE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ) ss. 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. , < ) I -..--" /- ÅL-tJ--^-<J- {. C"-- ,,/ { ~d--&f 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. ,,/ }' .. f ..... ' " './' ,... il~ ' /Î "- Á-W~ c:t /' '. <~ CITY CLERK OF THE CITY OF ANAHEIM ,.., ...