86R-438
RESOLUTION NO. 86R-438
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. 85-86-38 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 denied 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 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
Anaheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
BEGINNING AT THE NORTHWESTERLY CORNER OF BLOCK 8 OF A
REPLAT OF THE ORCHARD PARK TRACT, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 7, PAGE 6 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE
OF SAID BLOCK 249.75 FEET; THENCE SOUTHERLY PARALLEL
TO THE WESTERLY LINE OF SAID BLOCK 8, 229.5 FEET;
THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF
85-86-38
SAID BLOCK 249.75 FEET TO THE WESTERLY LINE OF SAID BLOCK;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 8,
229.5 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30 FEET OF SAID LAND AS
CONVEYED TO THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION, FOR
ROAD AND INCIDENTAL PURPOSES BY AN INSTRUMENT DATED OCTOBER
11, 1912 AND RECORDED DECEMBER 9, 1912, IN BOOK 224, PAGE 110
OF DEEDS,
into the "CO" COMMERCIAL, OFFICE AND PROFESSIONAL ZONE of the City
of Anaheim, subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as determined by the City Council.
2. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 60 feet in
width from the centerline of the street along Harbor Boulevard
(including 25 feet radius at South Street) and 30 feet in width
from the centerline of the street along Helena Street (including 15
feet radius at South Street) for street widening purposes.
3. That all engineering requirements of the City of Anaheim
along South Street, including preparation of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be complied
with as required by the City Engineer and in accordance with
specifications 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.
4. That sidewalks shall be removed and/or reconstructed
along Harbor Boulevard as required by the City Engineer and in
accordance with standard plans and specifications on file in the
Office of the City Engineer.
5. That as required by Section 18.04.080.020 of the Anaheim
Municipal Code, the owner/developer of subject property shall
either post a faithful performance bond with the City Engineer to
guarantee the removal of existing street improvements along Harbor
Boulevard and Helena Street, and reconstruction at the ultimate
location, or make a cash payment to the City of Anaheim for the
cost of said removal and reconstruction as provided for in said
Code.
6. That all driveways shall be constructed or reconstructed
to accommodate ten (10) foot radius curb returns as required by the
City Traffic Engineer.
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7. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer and the orange County
Flood Control District.
8. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Helena Street and Harbor
Boulevard in an amount as determined by the City Council.
9. That street lighting facilities along South Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager, 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 the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to approval of improvement plans. The
above-required improvements shall be installed prior to occupancy.
10. That the vehicular access rights to Harbor Boulevard
except at approved access points, shall be dedicated to the City of
Anaheim.
11. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No.2 of Exhibit No.1 and Exhibit Nos. 2
through 5.
12. That the owner of subject property shall execute and
record a convenant to prohibit medical offices on subject
property. Said covenant shall be approved by the City Attorney
prior to recordation. A copy of the recorded covenant shall be
furnished to the Planning Department.
13. That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 2, 5, 8, 10 and 12,
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 year from the date of this resolution, or such further
time as the Planning Commission may grant.
14. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 6, 7, 9 and 11, above-mentioned, shall be
complied with.
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 of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 30th day of September,
1986.
ATTEST:
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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. 86R-438 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 30th day of September, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-438 on the 30th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHE 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. 86R-438 duly passed and
adopted by the Anaheim City Council on September 30, 1986.
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CITY CLERK OF 'tHE CITY OF ANAHEI~
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