1981-356RESOLUTION NO. 81R-356
A RESOLUTION OF THE CITY COi1NCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT TITLE
18 OF THE ANAHEIM MUNICIPAL COJ)E RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUND-
ARIES OF CERTAIN ZONES SHOLJLn BE CHANGED.
WIiEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. g0-81-14 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 men-
tioned 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 anyrwPd 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 he
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 the following de-
scribed property, situated in the City of Anaheim, County of
Orange, State of California, to wit:
PARCEL 1: That portion of the south half of the North-
.:.--..,. west quarter of the Southeast quarter of Section 27,
Township 4 South, Range 10 West, partly in the Rancho
Bolsas and partly in the Rancho San Juan Cajon de Santa
.Ana, in the City of Anaheim, as said section is shown
on a map recorded in Uook 51, page 10 of Miscellaneous
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80-81-14
ATTY-I8-C
Maps, records of Orange County, California, described
as follows: Beginning at the Northwest corner of said
South half; thence South 0° 42' 47" East 200.00 feet
along the West line of said South half to the true point
of beginning; thence South 89° 38' 07" East 300.00 feet
parallel to the North line of said South half; thence
North 0° 42' 47" West 200.00 feet parallel to the West
line of said South half to the North line of said South
half; thence South 89° 38' 07" East 450.00 feet along
said North line; thence Sout'n 0° 42' 47" East 439.02
feet parallel to the West line of said South half to a
line parallel with and distant 221.00 feet measured at
right angles Northerly from the South line of said North-
west quarter of the Southeast quarter of said Section 27;
thence North 89° 38' 14" West 450.00 feet along said
parallel line; thence North 0° 42' 47" West 200.04 feet
parallel to the West line of said South half to a line
parallel with and distant 239.00 feet, measured at right
angles Southerly from the North line of said South half;
thence North 89° 38' 07" West 300.00 feet along said
parallel line to the West line of said South half; thence
North 0° 42' 47" West 39.00 feet to the true point of
beginning; and
PARCEL 2: The East 450.00 feet of that portion of the
South half of the Northwest quarter of the Southeast
quarter of Section 27, Township 4 South, Range 10 West,
partly in the Rancho Las Bolsas and partly in the Rancho
San Juan Cajon de Santa Ana, in the City of Anaheim, as
said Section is shown on a map recorded in book 51,
page 10 of Miscellaneous P!iaps, records of Orange County,
California, described as follows: Beginning at the in-
tersection of a line parallel with and distant 221.00
feet measured at right angles Northerly from the South
line of said South half with the West line of Lot 24 of
Tract No. 3127, as shown on a map recorded in book 94,
pages 48 and 49 of Miscellaneous Maps, records of Orange
County, California; thence along said parallel line North
89° 38' 14" West n79.77 feet to an intersection with that
certain curve in the North line of Wilken Way near the
Northeast corner of the intersection of said Wilken Way
and Harbor Boulevard, as shown on said map of Tract No.
3127 said curve being concave to the Northeast and hav-
ing a radius of 15.00 feet, a radial line to said curve
at said intersection having a bearing of South 21° 24'
08" West; thence Easterly 5.51 feet along said curve to
the Easterly terminus thereof; thence Easterly 675.98
feet along the various courses in the Northerly lines of
Wilken Way as shown on said map of Tract No. 3127, to th e
Southwest corner of said Lot 24; thence North 0° 42' 47"
West 9.00 feet to the true point of beginning; and
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PARCEL 3: The East 100 feet of the North 200 feet of
the West 300 feet to that portion of the South half of
the Northwest quarter of the Southeast quarter of Section
Twenty-seven, Township Four South, Range Ten West, S.B.
B. & M., partly in the Rancho Las Bolsas and partly in
the Rancho San Cajon de Santa Ana, described as follows:
Beginning at the Northwest corner of said South half of
the Northwest quarter of the Southeast quarter of Section
Twenty-seven; thence South 89° 38' 07" East 871.29 feet
along the North line of said South half of the Northwest
quarter of the Southeast quarter of Section Twenty-seven;
thence South 0° 42' 47" East 500.02 feet along a line
parallel to the West line of said Southeast quarter of
Section Twenty-seven to a point on a line parallel with
and distant 160.00 feet measured at right angles North-
erly of the South line of said Northwest quarter of the
Southeast quarter of Section Twenty-seven; thence North
89° 38' 14" West 871.29 feet along said parallel line to
a point on said West line of Southeast quarter of Section
Twenty-seven; thence North 0° 42' 47" West 500.05 feet
along said West line of the Southeast quarter of Section
Twenty-seven to the point of beginning,
be excluded from the "RS-A-43,000" RESIDENTIAL/AGRICULTURAL ZONE
and incorporated in the "RM-3000" RESIDENTIAL, MULTIPLE-FAMILY
ZONE, subject to the following conditions:
1. That the owner of subject property shall deed to the City
of Anaheim a strip of land 32 feet in width from the centerline of
the street along Wilk en Way for street widening purposes.
2. That street lighting facilities along Wilken Way shall be
installed as required by the Office of Utilities General Manager,
and in accordance with specifications on file in the Office of
Utilities General Manager; and/or that a bond, certificate of
deposit, letter of credit, or cash, in an amount and form satis-
factory to the City of Anaheim shall be posted with the City to
guarantee the installation of the above-mentioned requirements
prior to occupancy.
3. 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.
4. That subject property shall be served by underground
utilities.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That the owner of subject property shall pay to the City
of Anaheim the appropriate park and recreation in-lieu fees as de-
termined to be appropriate by the City Council, said fees to be paid
at the time the building permit is issued.
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7. That an ordinance rezoning the subject property shall in
no event become effective except upon the recordation of Final
Tract Map No. 11305 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 the owner of subject property shall pay the traffic
signal assessment f_ee (Ordinance No. 3896) in an amount as deter-
mined by the City Council, for each new dwelling unit prior to the
issuance of a building permit.
9. That appropriate water assessment fees as determined by
the Office of Utilities General Manager shall be paid to the City
of Anaheim prior to the issuance of a building permit.
10. That the developer shall acquire access rights across the
one (1) foot strip of land at the north property line of subject
property before constructing any access to Cliffwood Avenue.
11. That the petitioner shall request, in writing to the
Planning Department, termination of Conditional Use Permit Nos. 37,
765 and 1206.
12. That 15-gallon trees planted on 20-foot centers, with
appropriate irrigation facilities, shall be installed and maintained
along the east property line.
13. That the property shall be developed as a residential
condominum project of not to exceed 104 units in accordance with
a final development plan to be approved by the City Council prior
to issuance of any building permits.
14. That the property sha]_1 continue to be maintained as a
mobilehome park for a period of not less than 12 months following
the date of adoption of the ordinance reclassifying the property
to the RM-3000 Zone.
15. That the following relocation assistance shall be provided
by the developer and proof of compliance in a form satisfactory to
the City shall be submitted prior to issuance of any building permits:
a. The nine (9) tenants owning single-wide coaches
and represented by Michael Deitch, Esq., shall be paid the sum of
$5,000 each.
b. The tenants owning double-wide coaches and repre-
sented by Michael Deitch, Esq., shall be paid the sum of $7,000
each.
c. Ms. Hewitt (Space 13) shall be paid the sum of
$7,000.
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d. Mrs. Villa (Space 23) shall either be relocated to
a location satisfactory to her, or her coach purchased for the sum
of $3,000 with developer assuming the balance owed on her coach.
e. The remaining four (4) mobilehome owners shall be
paid the sum of $5,000 each.
f. Developer shall pay to Mr. Deitch the attorney's
fees incurred by the tenants in an amount not to exceed $5,000.
16. Prior to the introduction of an ordinance rezoning sub-
ject property, Condition Nos. 1, 2, 7, 10 and 11, 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 (1)
year from the date hereof or such further time as the Planning
Commission may grant.
17. That Condition Nos. 4, 5 and 12, above-mentioned, shall
be complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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.
BF IT FURTHER RESOLVED 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 deter-
mined to be necessary and proper.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of July, 1981.
ATTEST
_c,~.:.~.~ ~i
CITY CLERK OF T.HE uITY OF ANAHEIM
JLW:fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBEftTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R- 3~5 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th-day of July, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 81R-'3.5.6 on the 28th day of July, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of July, 1981.
CITY ERK OF THE CITY ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-:356 duly passed and
adopted by the Anaheim City Council on July 28, 1981.
CITY CLERK