84R-305
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RESOLUTION NO. 84R-305
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A RESOLUtOCON OF THE CITY COUNCIL OF THE CITY
OF ANAHEJk FINDING AND DETERMINING THAT THE
ZONING ~ REFERR~D TO IN TITLE 18 OF THE
ANAHEIM MPNICIPAL CODE SHOULD BE AMENDED AND
THAT THE! aOUNDARIES OF CERTAIN ZONES SHOULD
BE CHANG~P.
WHEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. 83-84-31 to co~sider an amendment to the Zoning Map referred to
in Title 18 of thei ~aheim Municipal Code, and to consider a change
in the boundaries df the zone or zones hereinafter mentioned and
described and, at ~aid hearing, did receive evidence and reports
from persons interested the:rein and from its staff; and
WHEREAS, within a period of forty (40) days following
said hearing, the ~lanning Commission did duly adopt a resolution
containing a repor~ of its findings, a summary of the evidence
presented at said hearing and granted the proposed amendment; and
WHEREAS, thereafter, within the time prescribed by law,
an interested par~ 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 recsive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find and determine that
the Zoning Map re~~rred to in Title 18 of the Anaheim Municipal
Code should be am~rtded and that the property hereinafter described
should be excluded from the zone or zones in which it is now
situated and inco~porated in the zone and zones as hereinafter set
forth.
NOW, TH~~EFORE, BE IT RESOLVED by the City Council of the
City of Anaheim t~at the City Council does hereby declare and
indicate its inteQtion to amend the Zoning Map of the City of
Anaheim and to re~~ne and reclassify the following described
property, situate4in the City of Anaheim, County of Orange, State
of California, to wit:
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THAT PORTIONQF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJ~11 DE SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ~$ PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOU$ MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
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BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER,
SAID CORNER BtING THE POINT OF INTERSECTION OF THE CENTERLINE
OF BALL ROAD ,tTH THE CENTERLINE OF SUNKIST STREET, AS SHOWN
ON A MAP FILE>> IN BOOK 83, PAGE 31 OF RECORD OF SURVEYS, IN
THE OFFICE OF fHE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH
10 04' 21" WEST ALONG THE WESTERLY LINE OF SAID NORTHWEST
QUARTER BEING. COINCIDENT WITH SAID CENTERLINE OF SUNKIST
STREET, A DIStANCE OF 95.00 FEET TO THE TRUE POINT OF
BEGINNING; THtNCE SOUTH 880 55' 39" EAST 57.00 FEET; THENCE
NORTH 440 04' 05" EAST 54.94 FEET TO A POINT IN A LINE THAT IS
PARALLEL WITH AND DISTANT SOUTHERLY 55.00 FEET, MEASURED AT
RIGHT ANGLES fROM THE NORTHERLY LINE OF SAID NORTHWEST
QUARTER; SAID NORTHERLY LINE BEING COINCIDENT WITH SAID
CENTERLINE OF BALL ROAD; THENCE SOUTH 890 02' 32" EAST
PARALLEL WITH SAID CENTERLINE OF BALL ROAD, 65.00 FEET; THENCE
SOUTH 790 57' 09" EAST 32.77 FEET TO A POINT IN A LINE THAT IS
PARALLEL WITH AND DISTANT EASTERLY 191.83 FEET, MEASURED ALONG
SAID CENTERLINE OF BALL ROAD, FROM SAID CENTERLINE OF SUNKIST
STREET; THENCE SOUTH 10 04' 21" WEST PARALLEL WITH SAID
SUNKIST STREET 142.65 FEET TO A POINT IN A LINE THAT IS
PARALLEL WITH AND DISTANT SOUTHERLY 202.83 FEET, MEASURED
ALONG SAID CE~~ERLINE SUNKIST STREET, FROM SAID CENTERLINE OF
BALL ROAD; THtNCE NORTH 890 02' 32" WEST PARALLEL WITH SAID
CENTERLINE OF BALL ROAD, A DISTANCE OF 191.83 FEET TO A POINT
IN SAID CENTE~INE OF SUNKIST STREET; THENCE NORTH 10 04' 21"
EAST ALONG SAID CENTERLINE OF SUNKIST STREET 107.83 FEET TO
THE TRUE POIN~ OF BEGINNING.
PARCEL 2:
AN EASEMENT FpR INGRESS AND EGRESS OVER THAT PORTION OF LOT 1
OF TRACT NO. ~25, AS SHOWN AND DELINEATED ON THE MAP OF SAID
TRACT, AND AS: iSET FORTH IN AN INSTRUMENT RECORDED JULY 17,
1972, IN BOOK; 10226, PAGE 966, OFFICIAL RECORDS.
PARCEL 3:
AN EASEMENT ~R INGRESS AND EGRESS OVER THAT PORTION OF LOT 65
OF TRACT NO. ~425, AS SHOWN AND DELINEATED ON THE MAP OF SAID
TRACT, AND ASSET FORTH IN AN INSTRUMENT RECORDED JULY 17,
1972, IN BOOK 10226, PAGE 966, OFFICIAL RECORDS.
PARCEL 4:
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THAT PORTION ~F THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF FRACTION~ .SECTION 24, T 4 S, R 10 W, IN THE RANCHO SAN
JUAN CAJON Da SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 7 OFMISCEL~EOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE ALONG '1HE WESTERLY LINE OF SAID NORTHEAST QUARTER SOUTH
10 04' 21" WaST, 95.00 FEET TO THE WESTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND DISTANCE OF
SOUTH 880 55' 39" EAST, 57.00 FEET, IN PARCEL 1 OF FINAL ORDER
OF CONDEMNATJON (A6298) FILE IN SUPERIOR COURT CASE NO.
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117385, A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED IN
BOOK 7882, PA~E 591 OF OFFICIAL RECORDS, IN SAID OFFICE;
THENCE ALONG $AID COURSE SOUTH 880 55' 39" EAST, 45.00 FEET TO
THE INTERSECTtQN THERE~F WITH A LINE PARALLEL WITH AND DISTANT
EASTERLY 45.0~ FEET, MEASURED AT RIGHT ANGLES FROM SAID
WESTERLY LINE, SAID INTERSECTION BEING THE TRUE POINT OF
BEGINNING OF THIS DESC~IPTION; THENCE ALONG SAID PARALLEL LINE
NORTH 10 04' 2l" EAST, 17.14 FEET TO A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVII1G A RADIUS OF 25.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 890 53'
07", AN ARC DISTANCE Of 39.22 FEET TO A LINE PARALLEL WITH AND
DISTANT SOUTHtRLY 53.00 FEET, MEASURED AT RIGHT ANGLES FROM
THE NORTHERLY LINE OF SAID SECTION; THENCE ALONG LAST SAID
PARALLEL LINE $OUTH 890 02' 32" EAST, 199.52 FEET; THENCE
SOUTH 00 57' 28" WEST, 10.00 FEET TO THE EASTERLY TERMINUS OF
THAT COURSE DtSCRIBED AS HAVING A BEARING AND DISTANCE OF
SOUTH 890 02' 32" EAST, 60.00 FEET, IN THE SOUTHERLY BOUNDARY
OF SAID PARCEL 1; THENCE ALONG LAST SAID COURSE NORTH 890 02'
32" WEST, 60.00 FEET TO THE WESTERLY TERMINUS THEREOF; THENCE
ALONG SAID SOUtt'HERLY BOUNDARY NORTH 790 57' 09" WEST, 50.64
FEET, NORTH 890 02' 32" WEST, 65.00 FEET, AND SOUTH 440 04'
05" WEST 54.94 FEET TO THE EASTERLY TERMINUS OF SAID COURSE
FIRST MENTIONED AS HAVING A BEARING AND DISTANCE OF SOUTH 880
55' 39" EAST, 57.00 FEET; THENCE ALONG SAID COURSE NORTH 880
55' 39" WEST, 12.00 FEET TO SAID TRUE POINT OF BEGINNING,
into the "CO" COMM~RCIAL OFFICE AND PROFESSIONAL ZONE of the City
of Anaheim, subject to the following conditions:
1. That the. owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 45 feet in
width from the cen~erline of the street along Sunkist Street and a
strip of land 53 feet in width from the centerline of the street
along Ball Road for street widening purposes.
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2. That all. engineering requirements of the City of Anaheim
along Ball Road and Sunkist Street, including preparation of
improvement plans ~nd installation of all improvements such as
curbs and gutters, sidewalks, street grading and pavement, sewer
and drainage faci1!ities, or other appurtenant work shall be
complied with as required by the City Engineer and in accordance
with specification$ on file in the Office of the City 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 approval of improvement plans, to
guarantee the installation of the above-required improvements prior
to occupancy.
3. That all driveways shall be designed to accommodate ten
(10) foot radius ourb returns as required by the City Traffic
Engineer.
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4. That drainage of subject property shall be disposed of in
a manner satisfact~ry to the City Engineer.
5. That subj~ct property shall be served by underground
utilities.
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6. That pri~t to com$encement of structural framing, fire
hydrants shall be t~stalled and charged as required and determined
to be necessary by the Chief of the Fire Department.
7. That tra$h storage areas shall be provided in accordance
with approved plan. on file with the Street Maintenance and
Sanitation Division_
8. That pri~r to issuance of a building permit, the
appropriate traffi~signal assessment fee shall be paid to the City
of Anaheim in an a*punt as determined by the City Council for new
commercial buildin4~.
9. That pri~r to issuance of a building permit, primary
water main fees sh.~l be paid to the City of Anaheim, in an amount
as determined by tb~ Office of the Utilities General Manager.
10. That str,et lighting facilities along Ball Road and
Sunkist Street shall be installed as required by the Utilities
General Manager in~ccordante with specifications on file in the
Office of Utilitie$General Manager, and that security in the form
of a bond, certifi~~te of d~posit, letter of credit, or cash, in an
amount and form sat~sfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion of
the above-mentione~ improvements. Said security shall be posted
with the City of ~~heim prior to approval of building permits. The
above-required imptovements shall be installed prior to occupancy.
11. That the owner of subject property shall pay to the City
of Anaheim a fee f~r tree planting purposes along Sunkist Street
and Ball Road in an amount as determined by the City Council.
12. That subpect property shall be developed substantially in
accordance with pl.ns and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 3: provided, however, that
there shall be no medical or dental offices nor any health spas or
bingo activities.
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13. That a 6-foot high block wall shall be maintained
adjacent to the single-family residences along the southerly and
easterly property lines.
14. That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1, 2, 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 .aid conditions are complied with within one year
from the date of this resolution, or such further time as the
Planning Commission may grant.
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15. That prior to issuance of a building permit, Condition
Nos. 8 and 9, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
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16. That pri~~ to final building and zoning inspections,
Condition Nos. 3, 4, 5, 7 and 12 above-mentioned, shall be complied
with.
BE IT FU~~HER RESOLVED that the City Council of the City
of Anaheim does het~by find and determine that the adoption of this
Resolution is expreasly preaicated upon applicant's compliance with
each and all of th~ 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 jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FORE~OING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this
ATTEST:
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AHEIM
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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. 84R -305 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of August, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Overholt, Pickier and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R -305 on the 7th day of August, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of August, 1984.
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. 84R -305 duly passed and
adopted by the Anaheim City Council on August 7, 1984.
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CITY CLERK