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83R-096 -.., RESOLUTION NO. 83R-96 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES 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. 82-83-15 to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, 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 pre- sented 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 amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and that the following described prop- erty, situated in the City of Anaheim, County of Orange, state of California, to wit: -~.. THAT PORTION OF THE LAND ALLOTTED TO THE HEIRS OF LEANDRO SERRANO IN DECREE OF PARTITION OF THE RANCH SANTIAGO DE SANTA ANA, RECORDED IN BOOK ftBft OF JUDGMENTS FOR THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, INCLUDED WITHIN THE DEED TO LOUIS E. NOHL AND MARGARET ELLIOTT NOHL, RECORDED OCTOBER 6, 1943 IN BOOK 1210 PAGE 501 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: -1- 82-83-15 ~ BEGINNING AT A POINT IN THAT CERTAIN LINE DESCRIBED IN PARCEL NO. TWO OF THE DEED TO THE CITY OF ANAHEIM, RECORDED DECEMBER 11, 1962 IN BOOK 6355 PAGE 676 OF OFFICIAL RECORDS OF SAID COUNTY, AS HAVING A BEARING OF SOUTH 81010'14" EAST AND A LENGTH OF 430.51 FEET, SAID POINT BEING DISTANT THEREON SOUTH 81010114" EAST 107.98 FEET FROM THE WESTERLY TERMINUS OF SAID LINE; THENCE SOUTH 30l6114ft EAST 389.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 242.37 FEET, THROUGH A CENTRAL ANGLE OF l15043'29ft; THENCE NORTH 61000'17ft EAST, TANGENT TO SAID CURVE 152.29 FEET, TO THE INTERSECTION WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 245.00 FEET, SAID CURVE BEING THE CENTER LINE OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED APRIL 15, 1965 IN BOOK 7485, PAGE 209, OF OFFICIAL RECORDS, A RADIAL TO SAID POINT BEARS SOUTH 61000'17" WEST; THENCE SOUTHERLY ALONG SAID CURVED CENTER LINE 83.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE WEST AND HAVING RADIUS OF 300.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 41026'llft WEST; THENCE SOUTHERLY ALONG SAID CURVE 155.79 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN EASEMENT, 30.00 FEET IN WIDTH, GRANTED TO FOUR CORNERS PIPE LINE COMPANY, AND RECORDED IN BOOK 4089 PAGES 349, ET SEQ. OF OFFICIAL RECORDS OF SAID COUNTY, A RADIAL TO SAID POINT BEARS NORTH 7l0ll'24ft EAST; THENCE SOUTH 58001'09ft WEST ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF INTERSECTION OF SAID SOUTHEASTERLY LINE AND THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE IN THE NORTH LINE OF PARCEL 8 (OLIVE HILLS RESERVOIR SITE) DESCRIBED IN A DEED RECORDED DECEMBER 11, 1962 IN BOOK 6355 PAGE 677 OF SAID OFFICIAL RECORDS, AS HAVING A BEARING OF SOUTH 89019'51ft EAST AND A LENGTH OF 527.82 FEET; THENCE ALONG SAID EASTERLY PROLONGATION AND SAID NORTHERLY LINE OF PARCEL 8, NORTH 890l9'51" WEST 665.80 FEET AND NORTH 54051'44" WEST 66.13 FEET; THENCE NORTH 57049'25" EAST 570.95 FEET TO THE TRUE POINT OF BEGINNING, be reclassified and incorporated in the ftRM-3000(SC)ft RESIDENTIAL, MULTIPLE-FAMILY (SCENIC CORRIDOR OVERLAY) ZONE of the City of -- Anaheim, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. -2- 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 5. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefore (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 6. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 7. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of a final tract map within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 8. That all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, will be met. Such requirements include, but are not limited to, chimney spark arrestors, protected attic and under floor openings, Class C or better roofing material and one hour fire resistive construction of horizontal surfaces if within 200 feet of adjacent brushland. -3- 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 10. That the seller shall provide the purchaser of each condominium unit with written information concerning Anaheim Municipal Code 14.32.500 pertaining to ftparking restricted to facilitate street sweeping." Such written information will clearly indicate when on-street parking is prohibited and the penalty for violation. 11. That ftNo Parking for Street Sweepingft signs shall be installed prior to final street inspection as required by the Public Works Executive Director in accordance with specifications on file with the street Maintenance Division. 12. That the two proposed cul-de-sacs shall be constructed in conformance with the City of Anaheim standard details or as otherwise may be approved by the Fire Department and the street maintenance & Sanitation Division. 13. That the developer shall obtain an agreement from the City of Orange for the disposal of the sanitary sewage from this project into a City of Orange facility, and shall pay any fees required. 14. That the entrance gate to the project shall provide a minimum 20-foot wide access as approved by the City of Anaheim Fire Department and the Street Maintenance & Sanitation Division. 15. That all driveway depths to private garages shall be a mInImum of 20 feet and all such garages shall be equipped with roll-up garage doors as recommended by the City Traffic Engineer. 16. That the developer shall obtain all necessary encroachment permits for any portion of the proposed structures which may encroach onto the Four Corners Pipeline Easement running along the southerly boundary of subject property. 17. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. ~ 18. That any specimen tree removal shall be subject to the regulations pertaining to tree preservation in the Scenic Corridor Overlay Zone. -4- 19. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 20. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy No. 542, Sound Attenuation in Residential Projects. 21. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 11. 22. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 7, 13 and 16, 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 hereof, or such further time as the Planning Commission may grant. 23. That Condition Nos. 1, 3, 12, 14, 15 and 21, above-mentioned, shall be complied with prior to final building and zoning inspections. 24. That completion of these reclassification proceedings is contingent upon granting of General Plan Amendment ,No. 181 changing the land use designation to hillside low-medium density residential. 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 compli- ance 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 jur- isdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING City Council of the City of ATTEST: ~;;~F~fJ[ ~F ANAHEIM JLW: fm 0825M 3-31-83 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-96 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of March, 1983, by the following vote of the members thereof: ~ AYES: COUNCIL MEMBERS: K~ywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nbne AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-96 on the 15th day of March, 1983. IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 15th da~ of March, 1983. ~'L~)~.~ CITY LERK OF THE CIT F ANAHEIM (SEAL) I, LINDA D. aOBERTS, City C~rk of the City of Anaheim, do hereby certify that the foregoing is the origina[ of Resolution No. 83R-96 duly passed and adopted by the Anaheim City Council on March 15, 1983. ~ ~^~nf)~ CITY CLERK ~.,