RES-1989-013RESOLUTION NO. 89R-13
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. 88-89-14 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
Code 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 itl 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
Anaheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
88-89-14
LOT 17 OF TRACT 1820~ IN THE CITY OF ANAHEIM, AS
PER MAP RECORDED IN BOOK 51, PAGES 31 AND 32, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY·
LOT 18 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS
PER MAP RECORDED IN BOOK 51, PAGES 31-32, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
LOT 19 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS
PER MAP RECORDED IN BOOK 51, PAGES 31 AND 32, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
into the "CL" Commercial Limited ZONE of the City of Anaheim,
subject to the following conditions:
·
That street lighting £acilities along Lincoln avenue
shallbe installed as required by theUtilities General
Manager in accordance with speci£icatios on file in the
Office of Utilities General Manager; or 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 a fee shall be paid to the City of Anaheim for tree
planting along Lincoln Avenue in an amount as determined
by City Council resolution.
·
That in the event a parcel map is not recorded combining
the three (3) existing lots, the legal property owner
shall furnish the Zoning Division with a copy of a
recorded covenant and agreement in a form approved by the
City Attorney agreeing to hold subject property as one
(1) parcel.
·
That prior to introduction of an ordinance rezoning
subject property, all residential structures shall be
removed from subject property.
·
That vehicular access rights to Lincoln Avenue and the
public ally, except at approved access points, shall be
dedicated to the City of Anaheim. Permanent access on
Lincoln Avenue along the entire block face between
Western Avenue and Grand Avenue shall consist of not more
than three (3) driveways including one (1) opposite
Topanga Drive, as approved by the city Traffic Engineer;
provided, however, that temporary access will be approved
-2- 88-89-14
·
.
·
·
by the City Traffic Engineer during the interim period
before permanent driveways are constructed.
"That a raised median island in Lincoln Avenue to
prohibit left turns into subject property shall be
constructed in a design and location approved by the City
Traffic 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. If said median is
required to extend westerly to Topanga Drive, a left turn
from east-bound Lincoln Avenue may be permitted opposite
Topanga Drive."
a)
That a reciprocal vehicular access and parking
agreement permitting access across subject parcels
toward the three (5) approved access points o
Lincoln Avenue, as shown on General Plan Amendment
No. 248, shall be prepared in a form satisfactory
to the City Attorney and shall then be recorded
with the Office of the Orange County Recorder. A
copy of the recorded agreement shall be submitted
to the Zoning Division·
b)
That the legal property owner shall, by a means
approved by the City Attorney, guarantee future
vehicular access across subject property for all
the parcels on the entire block face between
Western Avenue and Grand Avenue to the three (3)
approved access points on Lincoln Avenue, as shown
on General Plan Amendment No. 248. Proof of said
guarantee shall be submitted to the Zoning
Division."
That on-street parking shall be eliminated from the north
side of Lincoln Avenue between Western Avenue and Grand
Avenue; and that following said parking elimination,
subject property owner shall stripe a third (3rd)
west-bound travel lane along Lincoln Avenue between
Western Avenue and Grand Avenue, as required by he City
Traffic Engineer.
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1 through 8,
above-mentioned, shall be completed. The provisions or
rights granted by his 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 reso,ution, or such further time as the
Planning Commission ma7 grant.
-5- 88-89-14
10. That approval of this application constitutes approval of
the proposed request only to the extend that it complies
with the Anaheim Municipal goning Code and any together
applicable City regulation. Approval does not include
any action or findings sas to compliance or approval of
the request regarding any other applicable ordinance,
regulation or requirement.
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 o£ any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of January, 1989.
~ MPtYOR OF Tlt~Y OFt._ANAHEIM v'
ATTEST.
CITY CLERK OF THE CITY OF ANAHEIM
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2899L
011889
-4-
88-89-14
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-13 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of January, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-13 on the 26th day of January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 26th day of January, 1989.
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. 89R-13 duly passed and adopted
by the Anaheim City Council on January 17, 1989.
CITY CLERK OF THE CITY OF ANAHE%M