87-443
RESOLUfION NO. 87R-443
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. 87-88-14 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
~he 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 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:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP
4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 81, PAGE 32 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY,
87-88-14
T
~
into the "CO" Cm1MERCIL\L, OFHCE AND PROFESSIONAL ZONE of the City
of Anaheim, subject to the following conditions:
1I'r
1 .
That this Reclassification is granted subject to the
recordation of Development Agreement No. 87-01 with the
Office of the Orange County Recorder. A copy of said
recorded agreement shall be furnished to the Planning
Department.
')
L.
That Development Agreement No. 87-01 shall be in full
force and effect until the entire subject property is
rezoned. If said development agreement is cancelled,
accordance with the provisions of Section 18
"Cancellation" therein, no remaining parcels shall be
reclassified to the CO "Commercial, Office and
Professional" Zone.
in
3.
That unless an alternative funding mechanism is
implemented prior to issuance of building permits, the
applicant shall pay to the City that amount per gross
square foot as shown in Column I of the Matrix
identifying the Fair Share Contribution and Fair Share
Differential for each phase, attached as Exhibit A, to
this Resolution, subject to those other provisions of
Exhibit A.
4 .
That prior to introduction of an ordinance rezoning any
portion of subject property or within a period of ninety
(90) days from the date of this resolution, whichever
occurs first, the owner(s) of subject property shall
execute and record a covenant in a form approved by the
City Attorney's Office wherein such owner(s) agree not to
contest the formation of any assessment district(s) which
may hereafter be formed pursuant to the provisions of
Development Agreement No. 83-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s)
could include such owner's property.
5 .
That prior to introduction of an ordinance rezoning any
portion of subject property or within a period of ninety
(90) döys from the date of this resolution, whichever
occurs first, the owner(s) of subject property shall
execute and record a covenant in a form approved by the
City Attorney's Office wherein such owner(s) agree not to
contest the formation of any special assessment district,
community facilities district, redevelopment area or
other financing mechanism which may hereafter be formed
to pay for the construction and/or maintenance of public
improvements necessitated by said project, which
districtCs) would include subject property. Said
covenant will also indicate that owner(s) will consent to
the levying of any special tax or charge which may be
necessary in furtherance of the intent and purpose of
Development Agreement No. 87-01.
-2-
.~
6.
7 .
8 .
That prior to introduction of an ordinance rezoning any
portion of subject property or within a period of one (1)
year from the date of this resolution, whichever occurs
first, the property owner shall make irrevocable offers
of dedication to the City of Anaheim for the following as
shown on Exhibit No.2 of Development Agreement No. 87-01:
(a)
A ten (10) foot wide strip of land along the south
side of Katella ~venue.
(b)
An eight (8) foot wide strip of land along the
north side of Pacifico Avenue, .
That prior to introduction of an ordinance rezoning any
portion of subject property, the existing automotive
detailing facility located at 1381 East Pacifico Avenue
shall either be terminated or a conditional use permit
shall be obtained.
That prior to introduction of an ordinance rezoning any
portion of subject property, the property owner shall
submit a letter requesting the termination of Conditional
Use Permit Nos. 1842 and 1879.
9.
That ordinances reclassifying subject property shall be
adopted as each parcel is ready to comply with conditions
pertaining to such parcel; provided, however, that the
word "parcel" shall mean existing parcels of record.
1 0 .
That prior to introduction of ordinances rezoning each
portion of subject property, a preliminary title report
shall be furnished to the Zoning Division showing the
legal vesting of title, a legal description and
containing a map of the property..
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
hy the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
\ I (
'- I / \ .
;Ci~y¡Þ1 '- j C---,~~-,{
CITY CLERl\ OF THE CITY OF
BG/jb
111987
212 OL
City
I\TTEST:
Y:
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 27th day of October, 1987.
~~
MAYOR OF THE CITY OF ANAHEIM
"
ANAHEIM
-3-
~-
CLERK
STATE 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-443 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
ABSENT:
COUNCIL MEMBERS:
None
N~D I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-443 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.
, /7/ ~~ ~
~Z£--ð7'-~ C'-- / ( c ~
CITY C~ OF THE CITY OF ~AAE M
(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-443 duly passed and
adopted by the Anaheim City Council on October 27,1987.
CI~'~¿; T2,:~\~
, -..
.
,¡,
EXHIBIT A
FAIR SHARE CONTRIBUTION CHART
Handchart
Oct. 15, 1987
HANOVER - KATELLA OFFICE PARK
(A)
(B)
(C)
(D)
(E)
(F)
HANOVER RECOMMENDED
BUILDING RECOMMENDED FAIR SHARE FAIR SHARE FAIR SHARE
AREA FAIR SHARE HANOVER PERCENTAGE DIFFERENTIAL SHORTFALL FEE
(~Q FT) CONTRIBUTION CONTRIBUTION CONTRIBUTION (TOTAL) ($~J>Eß__§Q. FT)
PHASE 1 184,000 $ 650,000 $ 70,000 107.. ($580,000) ($3.15)
PHASE 2 133,000 $ 470,000 $ 50,000 107.. ($420,000) ($3.15)
PHASE 3 . 144,000 $ 509,000 $ 150,000 307.. ($359,000) ($2.49)
PHASE 4 413,375 $1,463,000 $1,025,000 707.. ($438,000) ($1.06)
PHASE 5 395,000 $1,400,000 $ 30,000 ~57.. ($1,370,000) ($3.55)
ALL PHASES * 1,269,375 $4,492,000 $1,125,000 25% ($3,367,000) ($2.65)
* Includes
Co 1 (A) -)
Col (B) -)
Co1 (C) -)
Col (D)
Col (E)
Col (F)
34,000 square feet of accessory retail uses to be included in parking garages.
Gross building area per phase as identified in the EIR.
Funding shortfall per sq it of all Stadium area development X Col (A).
(Example: Phase 1 - ($36,124,000+ 10,172,000 sq ft) X 184,000 sq ft ,:,. $650,000J
Cost estimate of EIR identified area wide improvements. Cost estimates are, based
on calculations used to estimate all area wide improvements.
-)
-)
-)
Col (C)+ Co I (B) X 100.
Col (B) - Co1 (C).
Col (E) ~ Co1 (A).
FEES SHALL BE COLLECTED AND ADJUSTED IN THE SAME MANNER AS THE INTERIM DEVELOPMENT FEES FOR THE
ANAHEIM STADIUM BUSINESS CENTER AS PROVIDED IN ANAHEIM MUNICIPAL CODE CHAPTER 17.30.
1