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1974-030ATTY -18 -C (Page 1 of 1 page) WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Pro- ceedings No. 73 -74 -25 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 29th day of January 19 and continued to the day of 19__ 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: RESOLUTION NO. 74R 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. -1- 73 -74 -25 That portion of Lot 7 of Tract No. 936, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 30 Pages 1 and 2 of Mis- cellaneous Maps, in the Office of the County Recorder of said County, lying northerly of the center line of the land described in the Deed to the State of California, recorded May 26, 1948 in Book 1643 Page 306 of Official Records. Except that portion thereof that is included within that certain 19.50 feet by 74.00 feet of land conveyed to Vicente Yorba and wife, by Deed recorded August 1, 1939 in Book 1002 Page 533 of Official Records. be excluded from City of Anaheim 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 a minimum of 52 feet in width from the centerline of the street along the pro- posed future street on the west side of subject property for street construction purposes, including standard property line returns for street widening purposes. 2. That a standard property line return shall be dedicated to the City of Anaheim at the northwest corner of Imperial Highway and Santa Ana Canyon Road. 3. That the future street on the west side of sub- ject property shall be developed as an ultimate 60 -foot wide street with a full traveled way and one parkway constructed with the development of this property. 4. That a modified cul -de -sac shall be provided at the proposed easterly terminus of "old" Santa Ana Canyon Road. 5. That all engineering requirements of the City of Anaheim, along "old" Santa Ana Canyon Road and the future street along the westerly boundary including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be com- plied 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 "old" Santa Ana Canyon Road, the future street, Santa Ana Canyon Road, and Imperial Highway shall be installed as required by the Director of Public Utilities, and in accord- ance 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. 6. That the owner(s) of subject property shall file a request with the City of Anaheim for the abandonment of the City's easement over that portion of "old" Santa Ana Canyon Road within subject project. -2- 7. That the owner(s) of subject property shall purchase, at a mutually acceptable price, that portion of the property which the City of Anaheim owns in fee and which is within the boundaries of subject project. 8. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 9. 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 struc- tural framing. 10. That subject property shall be served by under- ground utilities. 11. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be per- mitted between October 15th and April 15th unless all required off -site drainage facilities have been installed and are opera- tive. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right -of -way for off -site drainage facilities shall be dedicated to the City, or the City Council shall have initi- ated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate dis- posal as approved by the City Engineer. Said drainage facili- ties shall be the first item of construction and shall be com- pleted and be functional throughout the tract and from the down- stream boundary of the property to the ultimate point of dis- posal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agree ments may be made available to the developers of said property upon their request. 12. That grading, excavation, and all other con- struction 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. 13. That reasonable landscaping, including irriga- tion facilities, shall be installed in the median and unpaved portion of the Santa Ana Canyon Road parkway in accordance with plans for said landscaping to be submitted to and approved by the Parkway Maintenance Superintendent. Following installation and acceptance, the City of Anaheim shall assume the responsi- bility for maintenance of said landscaping. 14. The City Council reserves the right to delete or amend the assumption of landscape maintenance in the event Council policy changes. -3- FAL:kw 15. That the developer shall obtain a favorable flood hazard letter acceptable to the City of Anaheim, from the Orange County Flood Control District. 16. That approval of such access points shall be in the form of agreement to be prepared by the City Attorney and recorded. 17. That precise plans, including plot plans, floor plans, elevations, signing, lighting, roofing and landscaping treatment shall be submitted to the Development Services Depart- ment and shall be reviewed and approved by the Planning Commis sion and City Council prior to the introduction of an ordinance rezoning subject property. 18. Prior to the introduction of an ordinance rezon- ing subject property, Conditions Nos. 1, 2, 5, 6, 7, 15, 16 and 17, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 19. That Conditions Nos. 3, 4, 8, 10, 11 and 13, above mentioned, shall be complied with prior to final build- ing 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 29th day of January 1974. ATTEST: r CITY CLERK OF THE CITY OF ANAHEIM -4- YOR OF ITY 0 ANAHEIM T `C 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 -30 was passed and adopted at a regular meeting of the City Council held on the 29th day of January 1974 by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 29th day of January 19 74 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of January 19 74 (SEAL) AeM 3c .46i11 AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 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 -30 duly passed and adopted by the Anaheim City Council on January 29, 1974. City Clerk