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72R-125 RESOLUTION NO. 72R-125 ..,.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIH MUNICIPAL CODE RELATING TO ZONING SHOULD BE AHENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution recommending denial of a change in the boundaries of the zone or zones hereinafter mentioned and described, after having fixed a time and place for the holding of a public hearing thereon in the manner and as prescribed in Title 18 of the Anaheim Hunicipal Code, and after having duly held and conducted such public hearing to consider said proposed change of zone or zones, and after having received evidence and reports from persons interested therein; and WHEREAS, within a period of forty (40) days following the hearing thereon, the Planning Commission did duly announce by formal resolution its findings of facts and declare its opinions and reasons for recommending denial of said proposed change in the boundaries of the zone or zones hereinafter mentioned and described; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission, the City Council did fix the 14rh day of ['larch , 19 72, and continued to the 11th day of April , 19~, as the time, and the City Council Chambers 1n the City HaIr in the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, here- inafter described, from the zone in which it is now situated and the incorporation thereof in the zones hereinafter set forth: and did give notice thereof in the manner and form as provided in said Title 18 of said Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hear- ing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports and did there- upon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendations; 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 or 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 all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows: 71-72-21 All that certain land situated in the State of California. County of Orange, City of Anaheim, described as follows: ' ".,,,~ Those portions of Lot 4 of "Dominguez Estate", as shown on a Licensed Surveyor's Map filed in Book 2, page 15 of Record of Surveys in the office of the County Recorder of Orange County, Callfornia, described as f;llows: Parcell; Beginning at a DOlnt in the Northeasterlv line of said Lot 4; distant North 650 03' West 102.18 feet from the Northeasterly corner of said Lot 4, running thence South 30 06' East 464.60 feet to a point in the North- westerly right of way line of the Santa Ana Valley Irrigation Company as described in deed recorded March 7 1940 in Book 1033, page 362 of Official Records; thence South 740 27' West along sald Northwesterly right of way line, 497.64 feet to a point; thence North 00 03' 5011 East 775.89 feet to a point in the Northeasterly line of said Lot 4: said point ;)eing distant South 8P 18 I East 12.17 feet from an angle point in said Northeasterly line; thence South 810 81' East 225.10 feet to an angle point in said Northeasterly line; thence South 500 18' East 132.00 feet to a point: thence South 650 03' East 142.68 feet, more or less, to a point distant North 650 03' West 102.18 feet from the Northeasterly corner of said Lot 4, said point being the point of beginning. Excepting therefrom that portion lyinq Northerly of the following described line; Beginning at a point in the center line of Placentia- Yorba Road, as shown on plans entitled "Plan and Profile of Placentia-Yorba Road", on file in the office of the County Recorder of said County, distant thereon North 00 28' 36" East 384.41 feet from its intersection with the center line of Santa Ana Canyon Road 60.00 feet wide, as shown on a map on file in the office of the County Surveyor of said County; thence (1) South 830 46' 57" East, 230.68 feet to the West line of that certain parcel of land described in deed to the State of California recorded in Book 2441, page 84 of Official Records in said office; thence (2) North 650 02' 06" East, 202.77 feet; thence (3) North 860 25' 25" East, 160.31 feet; thence (4) North 710 12' 00" East, 248.24 feet; thence (5) North 610 40' 44" East, 189.71 feet; thence (6) North 560 49' 36" East, 1959.77 feet. Also excepting therefrom one.-sixth of all oil, gas or other hydrocarbon substances under and in said land, but without exce?ting or reserving any right to use the sur- face of said land for any purpose whatsoever, as reserved by Jo Ann G. Tomlinson in deed recorded February 21, 1964 in Boo};: 6933, page 741 of Official Records. Parcel 2: Beginning at the Northwesterly corner of said Lot 4, running thence South 610 35' East 374.48 feet to an angle point in the Northeasterly line of said Lot 4; thence South 810 18/ East 12.17 feet to a point; thence South 00 03' 50" Y'iest 775.89 feet to a point in the Northwesterlv right of way line of the Santa Ana Valley Irrigation Company as described in deed recorded March 7, 1940 in Book 1033, pags 362 of Official Records; --2.- thence South 740 27' West along said Northwesterly right of way line, 217.45 feet to the beginning of a tangent curve concave Nort:1erlv and havina a radius of 818.20 feet: thence Westerly along said curve through a central angle of go 21' 14" an arc distance of 133.58 feet to a point in the West line of said Lot 4; thence North, along said West line, 1039.39 feet to the point of beginning. Excepting therefrom that portlon lying Northerly of the following described line: Beginnlng at a point in the center line of Placentia- Yorba Road, as shown on plans entitled "Plan and Profile of Placentia-Yorba Roadl/, on file in the office of the County Recorder of said County, distant thereon North 00 28 i 36" East 384.41 feet from its intersection with the center line of Santa Ana Canyon Road 60.00 feet wide, as shown on a ma.n on flle in the office of the County Surveyor of said County; thence (1) South 830 4C' 57" East, 230.68 feet to the vJest line of that certaln parcel of land described in deed to the State of California recorded in Book 2441, page 84 of Official Records in said office; thence (2) North 650 02' 06" East, 202.77 feet; thence (3) North 860 25' 25" East, 160.31 feet' thence (4) North 710 12' AD" East, 248.24 feet; thence (5) North 610 40' 44" East, 189.71 feet; thence (6) Nort11 5604<;' 36" East, 1959.77 feet. All ti1at certain land situated in the State of Califor- nia, County of Orange, City of Anaheim, described as follovls; That portion of Lot 3 of the Dominguez Estate as shown on a map filed in book 2, page 15 of Record of Surveys in the Office of the County Recorder of said County lying Southerly of thE following described line: Beginning at a point in the centerline of Placentia - Yorba Road, as shown on plans entitled "Plan and Profile of Placentia - Yorba Road", on file in the office of the County Surveyor of said County, distant thereon North 00 28' 36" East, 384.41 feet from its intersection with the centerline of Santa F~a Canyon Road, 60.00 feet wide, as shown on a map on file in said office of the County Surveyor; thence South 830 46' 57" East, 230.68 feet to the West line of that certain parcel of land described in deed to the State of Callfornia recorded January 23, 1953 in book 2441, page 84 of Official Records in said office; thence North 650 02' 06" East, 202.77 feet; thence North 860 25' 25" East, 160.31 feet; thence North 7P 12' 00" East" 248.24 feet. EXCEPTING THEREFROH tllat portion included within the land described in deed to the State of California recorded January 23, 19S3 in book 2441, page 84 of Official Records in said office. ALSO EXCEPTING THEREFROM anv portion included within the Santa Ana valley Irrigation- Company Canal right-of-\vay, the centerline of which is shown on map filed in book 4, pages 44 to 50 inclusive, of Record of Surveys in said office. -3- ALSO EXCEPTING THEP-EFROf1 that portion thereof lying Northwesterly of the following described line: ".,.,_. Beginning at a point in the centerl~ne of Placentia - Yorba Road, as shown on plans entitled "Plan and Profile of Placentia - Yorba Road", on file in the office of the County Surveyor of said County, distant thereon North 00 28' 36" East 384.41 feet from its intersection with the centerline of Santa Ana Canyon Road, 60.00 feet wide, as shown on a ~ap on file in said office of the Countv Surveyor; thence-South 830 46' 57" East 230.68 feet to the West line of that certain parcel of land described in said deed to the State of California; thence South 360 05' 07" East, 231.06 feet to the East line of said certain parcel of land being the True point of Beginning, thence North 90 56' 32" East, 276.46 feet to the North- easterly terminus of that certain course hereinabove cited as "North 650 02' 06" East, 202.77 feet". be excluded from the R'-A, AGRICULTURAL ZONE, and incorporated in the C-l, GENERAL CO~ll1ERCIAL ZONE, subject to the following con- ditions~ 1. a. That dedication shall be made to the City of Anaheim on streets within the area according to the Circula-- tion Element of the General Plan Highway Rights-of-Way Map and in accordance with Area Development Plan No. 109, Exhibit IIBII. b. That the owner of subject property shall deed to the City of M1aneim the westerly 54 feet of the easterly 55 feet of subject property for new street and public utility purposes in conformance \'litIl Area Development Plan No. 109, Exhibit "B", and that a pre'-determined price for the easterly one foot of subject property shall be calculated and an irrevocable offer of ded~cat~on of said one foot for street :,videning purposes shall be made by the developer and submitted to and approved by the c~ty of Tmaheim. The cost of said one'" foot strip shall include land and a proportionate share of the ut~liti3s and U18 street im1;:>roveraen"t costs. c. That the owner of subject property shall cond~tionallv dedicate to the City of Anaheim the southwesterly 54 feet of the northeasterly 55 feet of subject property for new street and public utility pur?oses, conditioned upon develop- ment of the State--o'wned ?roperty to the north of subject property and determ~nation by the City that need for the street exists, and that a pre"determ~ned ?rice for the northeasterlv one foo"t of subject property suall be calculated and an irrevocable offer of dedication of sa~~l northeasterl? one foot for street widen-- ing purposes shall De made by the cleveloper and submitted to and approved by tIll'" City of Anaheim. The cost of said one-foot strip shall ~nclud8 land and a proportionate share of the utilities and street improvement costs. :2.. a. 'i'l1at all en~r~neering requirements of the Ci ty of Anaheim along the net'l nortl1jsouth street located adjacent to the easterl v boundary of suJ:ject property such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be com?lied with as required bv the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer at the time the property is developed; and that the owners of subject -.4-' property shall install street lighting facilities along Santa Ana Canyon Road and the proposed new north/south street proposed along the easterly boundary of subject property as required by the Director of Public utilities and in accordance with the standard plans on file in the Off~ce of the Director of Public Utilities at the tim2 the property is developed; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. D. That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of all engineering requirements and street lighting facilities along the new street proposed along the northeast boundary of subject property. Said improvements shall be required upon the acceptance of dedication of said street by the City of Anaheim. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. Should subject property develop prior to the construction of the proposed major storm drain facility east of Imperial Highway and extending from Santa Ana Canyon Road to the Riverside Freeway, then subject facility shall be constructed in a manner meeting the approval of the City Engineer. Necessary easements for subject facility shall be dedicated to the City of Anaheim. The owners of subject property shall be reimbursed as other properties in the tributary area develop. Should said facility be constructed prior to the development of this property, then the owners of subject property shall part~cipate in the cost of the trunk drainage facility for the entire tributary area. Said participation shall be computed at the same ratio to the total cost of improvements as the area of subject property within the tributary area is to the total area to be served by said drainage facility. 4. That trash storage areas shall be provided in accordance ,vi t~l apDroved plans on file with the office of the Director of Public Works. 5. That f~re hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 6. That subject property shall be served by under- ground utilit1es. 7. That any parking area lighting proposed within 120 feet of the easterly boundary shall be down-lighting of a maximum height of 8 feet, which lighting shall be directed a\'lay from the property lines to protect the residential integrity of the area. 8. That the unpaved port10n of the Santa Ana Canyon Road right-of-,vay and th2 center median island for the frontage of subject pro;)erty sIlall be landscaped, including irrigation faci11ties, and that plans for said landscaping shall be submitted to and approved by the SUDerintendent of Parkway Haintenance. Follm.'lng installation and acceptance, the CibT shall aSSlLrne tl18 res~)onsibili tv for maintenance of said land- scaping. The C~ty Council reserves the right to amend or delete the assumption of maintenancf.~ of tile required landscaping if Council policy changes. -5- 9. That the S.A.V.I. Company canal easement be landscaped and maintained by the developer, a landscape plan for this area shall be aFJroved bv the Development Services Depart- ment. 10. That the completion of these reclassification proceedings is contingent upon the granting of Variance No. 2310. 11. That the mvners of subject property shall grant to the owner of the property adjacent to the west a blanket irrevocable license or easement, in a form satisfactory to the City Attorney, for vehicular ingress and egress across subject property. After approval by the City Attorney, said documents shall be recorded with the Orange County Recorder. 12. That subject property shall be developed sub- stantially in accordance with conceptual plans and specifications on file with the City of Ji.naheim marked Exhibits Nos. 1, 2 and 3, revised, provided however, that precise plans and elevations, including signing, lighting, roofing, and landscaping treatment shall be submitted to the Development Services Department and approved by the Planning Commission and City Council. 13. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, 3, 11 and 12, above mentioned, s~all be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with wi thin two years frOD) the date hereof or such further time as the City Council may grant. 14. That Conditions Nos. 4, 5, 6, 7, 8 and 9, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER PJ,SOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and determined to be necessary and proper. this THE FOREGOING RESOLUTION is approved and signed by me 11th day of _~_il___, 19 72. ,4J~ OF HE CITY OF H~yiJ~, ATTES'I' ANAHEII1 -6- WPH : kw COUNTY OF ORANGE CI'rY OF ANAHEHl ss. -... I, DENE M. DAOUST, City Clerk of the City of A heim, do hereby certify that the foregoing Ordinance No. 72R 25 was introduced at a regular meeting of the City Council 0 t e City of Anaheim, held on the 11th day of A ril , 1972 , and that the same was passed and adoptediiE a reg meeting of said City Council held on the 11th day of ril 19~, by the following vote of the members t AYES: COUNCIil1EN: Roth, Steph and Dutto COUNCILHEN: None NOES: ABSENT: COUNCILMEN: Thom AND I FURTHER CERTIFY t Anaheim approved and signed said April r 1972___ the Mayor of the City of rdinance on the 11th day of IN WITNESS affixed the official day of April , I have hereunto set my hand and the City of Anaheim this 11th 72 CITY CLERI'~ OF THE CITY OF ANAHEIJ\1 (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do certify that the foregoing is the original of Resolution No. 125 duly passed and adopted by the Anaheim City Council on ril 11, 1972. ..~":i;:c.a:~~~;ai~i<Ia..~;/ii:j~~'''A........~~'''!1O,.".~.'i!'''Yli....~' T City Clerk --', STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ) ss. I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-125 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 11th day of April, 1972, by the following vote of the members thereof: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thorn and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 72R-125 on the 11th day of April, 1972. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of April, 1972. J:L fir.~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-125 duly passed and adopted by the Anaheim City Council on April 11, 1972. J:L. Ix ~~ City Clerk ....,..""'._.....,_."...L