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1974-042ATTY -18 -C (Page 1 of 1 page) RESOLUTION NO. 74R -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Pro- ceedings No.73 -74 -37 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 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 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 a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission the City Council did fix the 4 1 day of y 19 and continued to the day of �bruar as the time, and the City Council Chambers in the City Hall of the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incor- poration thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form provided in said Title 18 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be 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 described property, situated in the City of Anaheim, County of Orange, State of California, to wit: 73 -74 -37 All that certain land situated in the State of California, County of Orange, described as follows: That certain parcel of land in the City of Anaheim, County of Orange, State of California, described as follows: Beginning at the Northwest corner of Lot 10 in Tract No. 7370, as per map recorded in Book 320, Pages 39 and 40 of Miscellaneous Maps, records of said Orange County, being at a point on the Northerly line of Parcel 3 as described in Deed recorded in Book 4668, Page 393, Official Records; thence along the Westerly line of said Tract No. 7370, South 0° 10' 19" East (South 0° 13' 48" East record as per said Tract) 798.68 feet to the Northerly line of McKinnon Drive, 60 feet wide, said point being the Southeasterly corner of the land conveyed to Jefferson Investment Affiliates, a Limited Partnership, by deed recorded July 20, 1973, in Book 10810, Page 531 Official Records; thence along the Southerly boundary of the land so conveyed South 77° 13' 44" West 243.97 feet; thence North 12° 46' 16" West, 2.00 feet; thence South 77° 13' 44" West 25.00 feet to the beginning of a tangent curve, concave Northeasterly, having a radius of 15.00 feet; thence Northwesterly 20.48 feet along said curve through a central angle of 78° 16' 16" to the beginning of a compound curve, concave Easterly, having a radius of 1747.00 feet, said compound curve being on the Easterly line of Lakeview Avenue, 106.00 feet wide, as described in the deed to the City of Anaheim, recorded November 6, 1970, in Book 9454, Page 647, Official Records; thence Northerly along said compound curve 78.56 feet through a central angle of 2° 34' 36 thence tangent to said curve, North 21° 55' 24" West 235.02 feet to the Southeasterly corner of Parcel 3 of deed recorded June 21, 1971, in Book 9728, Page 486, Official Records, thence continuing North 21° 55" 24" West 397.50 feet along the Easterly line of said Parcel 3, to the Northeasterly corner thereof, said corner being on the South line of deed recorded in Book 1062, Page 269, Official Records; thence along said South line North 70° 02' 35" East 429.71 feet to an angle point therein; thence North 71° 24' 01" East 146.37 feet to the point of beginning. be excluded from R -A AGRICULTURAL ZONE and incorporated in C -1, GENERAL COMMERCIAL ZONE, subject to the following conditions: 1. That the owner(s) 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 McKinnon Drive for street widening purposes. 2. That all engineering requirements of the City of Anaheim along McKinnon Drive and Lakeview Avenue, including preparation of improvement plans and installation of all improve- ments such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along McKinnon -2- Drive and Lakeview Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. 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. 5. That a 20 -foot wide landscape strip shall be provided along the east property line and planted with 15- gallon trees on 20 -foot centers, with appropriate irrigation facilities as stipulated to by the petitioner. 6. That the wall abutting the adjoining R -1 residen- tial properties shall be six feet above the highest grade of either the subject property or said adjoining properties, which- ever is highest, as stipulated to by the petitioner. 7. That the trash storage area for the proposed medical facility shall be relocated away from the east property line abutting R -1 residential properties, as stipulated to by the petitioner. 8. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 9. That subject property shall be served by under- ground utilities. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 11. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 12. That a modified cul -de -sac shall be provided at the terminus of Maychelle Drive subject to the approval of the City Engineer. 13. That grading, excavation, and all other construc- tion activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa. Ana River by storm water originating from or flowing through this project. 14. That the developer shall obtain a favorable flood hazard letter, acceptable to the City of Anaheim, from the Orange County Flood Control District. 15. That the vehicular and pedestrian access rights to Maychelle Drive shall be dedicated to the City of Anaheim. -3- 16. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, Revisions Nos. 1, 2, 3 and 4. 17. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, 11, 14 and 15, above mentioned, shall be completed; and, further, that revised plans shall be submitted to and approved by the Planning Commission showing those details as stipulated to by the Petitioner and made a part of this resolution, prior "to the introduction of said ordinance. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied faith within one year from the date hereof, or such further time as the City Council may grant. 18. That Conditions Nos. 3, 5, 6, 7, 8, 9, 10, 12, 13 and 16, above mentioned, shall be complied with prior to final building and zoning inspections. BE 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 determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of February, 1974. ATTEST: )77. avt_ CITY CLERK OF THE CITY OF ANAHEIM FA.L j h -4- R OF THE CI Y OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -42 was passed and adopted at a regular meeting of the City Council held on the 5th day of February 1974 by the following vote of the membert thereof: AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, THOM and DUTTON NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 5th day of February 1974 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of February 1974 Cam CITY CLERK OF THE CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -42 duly passed and adopted by the Anaheim City Council on February 5, 1974. Ci2o-steri l .r„ City Clerk