1976-6310
•
RESOLUTION NO. 76R-631
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 Proceed-
ings No. 76-77-9 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 resolu-
tion 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 1-2th day
of' October , 1976 , 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 incorporation thereof in the
zone or zones hereinafter set forth, and did give notice there-
of 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 opportun-
ity 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 recommendations; 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
of the City of Anaheim that Title 18 of
Code be, and the same is hereby, amended
described property, situated in the City
Orange, State of California, to wit:
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by the City Council
the Anaheim Municipal
and that the following
of Anaheim, County of
76-77-9
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A portion of the following described land:
Parcel 1:
The East 165 feet of the Iffiest 495 feet of the
East half of the Southwest quarter of the South-
west quarter of Section 12, Township 4 South,
Range 11 West, in the Rancho Los Coyotes, as
shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County,
California, said East half of the Southwest
quarter of the Southwest quarter of said Section
12 being described as commencing at a point in the
South line of said Section, North 890 411 East
662.75 feet from the Southwest corner thereof;
thence North 00 13' West 1328.09 feet to a point;
thence North 890 411 1011 East 663.44 feet to a
point; thence South 00 141 45" East 1328.05 feet
to a point; thence South 890 411 West 662.75 feet
to the place of beginning.
Excepting therefrom the South 40 feet.
Also excepting "all oil, gas and other hydrocarbons
and mineral substances lying not less than 100 feet
below the surface of said land, for a period of 15
years from July 29, 1953, provided that Seller, his
successors and assigns shall not have the right to
go upon the surface of the South half of said land
for the purpose of extracting said oil, gas or other
hydrocarbon and mineral substances, nor for any
purposes in connection therewith, but shall have the
right to extract and remove said oil, gas and/or other
hydrocarbon and mineral substances, nor for any
purpose in connection therewith, but shall have the
right to extract and remove said oil, gas and other
hydrocarbon and mineral substances by means of slant
drilled wells located on the North half of said land,
or by any other means which shall not require entry
upon the surface of the South half of said land", as
reserved in the deed from George Lawrence Rains to
Clarence W. Rains and wife, recorded December 24, 1954
in Book 2905, page 481 of Official Records.
Parcel 2:
That portion of the East half of the Southwest quarter
of the Southwest quarter of Section 12, Township 4
South, Range 11 West, in the Rancho Los Coyotes, as
shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County, Cali-
fornia, described as follows:
Beginning at a point on the South line of said Section,
North 890 411 East 662.75 feet from the Southwest
corner thereof; thence North 0° 131 East 1328.09 feet to
a point; thence North 890 411 1011 East 663.44 feet to a
point; thence South 00 141 4511 East 1328.05 feet to a
point; thence South 891 411 West 662.75 feet to the
place of beginning.
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Except the West 495.00 feet thereof.
Also except the North 726.00 feet thereof.
Also excepting therefrom the North 50.feet of the
South 155 feet of the East 28 feet.
Also excepting therefrom the South 40 feet.
Parcel 3:
The North 726.00 feet of that portion of the East
half of the Southwest quarter of the Southwest quarter
of Section 12, Township 4 South, Range 11 West, in the
Rancho Los Coyotes, as shown on a map recorded in Book
51, page 11 of Miscellaneous maps, records of Orange
County, California, described as commencing at a point
in the South line of said Section, North 890 41' East
662.75 feet from the Southwest corner thereof; thence
North 00 13' West 1328.09 feet to a point; thence North
890 41' 10" East 663.44 feet to a point; thence South
0° 14' 45" East 1328.05 feet to a point; thence South
891 41' West 662.75 feet to the place of beginning.
Excepting therefrom the West 495 feet.
Parcel 4:
An undivided 1/2 interest in
South 155 feet of the East 28
the Southwest quarter of the
Section 12, Township 4 South,
Rancho Los Coyotes, as shown
51, page 11 of miscellaneous
the County Recorder of said C
interest in the water wells,
situated thereon.
the North 50 feet of the
feet of the East half of
Southwest auarter of
Range 11 West, in the
on a map recorded in Book
Maps, in the office of
ounty, together with a like
pumping plant and equipment
Said portion is the southerly 530 feet of the above-
described land.
be excluded from "RS -A-43,000" RESIDENTIAL/AGRICULTURAL ZONE
and incorporated in the "RM -1200" RESIDENTIAL, MULTIPLE -FAMILY
ZONE, subject to the following conditions:
1. That the owner(s) of subject property shall
deed to the City of Anaheim a 15 -foot radius property line
return at the northwest corner of Lincoln Avenue and Bel Air
Street.
2. That all engineering requirements of the City
of Anaheim along Lincoln Avenue, 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
complied with as required by the City Engineer and in accor-
dance with standard plans and specifications on file in the
Office of the City Engineer; that street lighting facilities
along Lincoln Avenue and Bell Air Street 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/or that a
bond, certificate of deposit, letter of credit, or cash, in
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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 the owner(s) of subject property shall pay
to the City of Anaheim the sum of sixty (60) cents per front
foot along Lincoln Avenue and Bel Air Street for tree planting
purposes. -
4. That trash storage areas shall be nrovid.ed in
accordance with approved plans on file with the office of the
Director of Public Works.
5. 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.
6. That subject property shall be served by under-
ground utilities.
7. That drainage of subject property shall be
disposed of in a manner satisfactory to the City Engineer.
8. In the event that subject property is to be
divided for the purpose of sale, lease, or financing, a parcel
man to record the approved division of subject property shall
be submitted to and approved by the City of Anaheim and then
be recorded in the Office of the Orange County Recorder.
9. That the owner of subject property shall pay to
the City of Anaheim the appropriate park and recreation in -lieu
fees as determined to be appropriate by the City Council, said
fees to be paid at the time the building permit is issued.
10. That appropriate water assessment fees as
determined by the Director of Public Utilities shall be paid
to the City of Anaheim prior to the issuance of a building;
permit.
11. That revised plans shall be submitted for Plan-
ning Commission review and approval, said plans to show a 33 -
foot wide access over Portion A of subject property to Portion
B, and also to eliminate 5 second -story dwelling units proposed
within the 150 -foot setback adjacent to sinmle-familyresiden-
tial land uses, with the exception of said setback adjacent to
Lot No. 4 in Tract No. 2780, as stipulated to by the petitioner.
12. That, in the event the subject property is to
be divided for the purpose of sale, lease for financing, the
33 -foot wide access over Portion A of subject property to
Portion B shall become a permanent easement to be recorded in
the Office of the Orange County Recorder; provided, however,
that if Portion B shall become a park site, said easement
shall be no longer necessary and access to the park site
shall be required to the north of subject property, as stipu-
lated to by the petitioner.
13. That subject property shall be developed substan-
tially in accordance with revised plans and specifications, as
specified in Condition No. 11, above; and further provided that
a minimum of three tennis courts and four racquetball courts
shall be built on the property in accordance with all applicable
City ordinances and regulations.
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14. Prior to the introduction of an ordinance
rezoning subject property, Conditions Nos. 1, 2, 3, 8 and 11,
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.
15. That Conditions Nos. 4, 6, 7, 12 and 13, 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 12th day of October, 1976.
MA OR OF H C`,OF ANAHEIM
ATTEST:
UTITY CLERK OF rTHE CITY OF ANAHE T•Z
JW: j h
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 76R-631 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 12th day of October, 1976, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the.Mayor of the City of Anaheim approved
and signed said Resolution No. 76R-631 on the 12th day of October, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 12th day of October, 1976.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 76R-631
duly passed and adopted by the Anaheim City Council on the 12th day of
October, 1976.
CITY CLERK