Loading...
1977-501RESOLUTION NO. 77R -5O1 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 -53 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 12th day of July 1977 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 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. ATTY -18 -C (Page 1 of 2 pages) -1- 76 -77 -53 NOW, THEREFORE, BE IT RESOL D by the City Council of the City of Anaheim that Title 18 of the Anaheim Municinal Code be, and the same is hereby, amended and that the follnwtnrr described property, situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Lot 5 Block 24 of the Yorba Linda Tract, as shown on a map recorded in book 5, pages 17 and 18 of Miscellaneous Maps, records of said Orange County, lying Southerly and Easterly of the following described line: Beginning at a point in the centerline of the ditch shown on a map filed in book 3, page 48 of Record of Surveys in the office of the County Recorder, with the Easterly terminus of the course described North 56° 05' 11" West 409.25 feet in the deed to the State of California recorded October 22, 1962 in Book 6291, page 635 of Official Records; thence along said course North 56° 05' 11" West 409.25 feet; thence North 65° 43' 50" West 299.54 feet; thence South 72° 14' 13" West 29.66 feet; thence South 14° 53' 03" West 132.44 feet; thence South 4° 17" 30" West 96179 feet to a point on the East line of Orchard Drive, 60 feet in width, as shown on a map recorded in book 53, page 44 of Record of Surveys; thence Southerly, along said Easterly line, to the centerline of said ditch. The triangle portion of the parcel No. 5 of that por- tion of lot 5 Block 24 of Yorba Linda Tract, shown on the attached map. Start from the last mentioned point on the centerline of said ditch westerly having a line concaved northerly with a radius of 350 feet and an arch distance of 9.55 feet, then continued westerly following the course of North 88° 52' 38" East 23.31 feet, then Northerly concentric with the center line of Kellogg Drive and having a radius of 957.12 feet with an arch distance of 91.46 feet. Then back Southeasterly with a line concaved east- erly with a radius of 345 feet and an arch distance of 88.86 feet to the point of beginning. This por- tion of the property has a total area of 1349 sq. ft. EXCEPTING THEREFROM that portion described in Parcel No. 105.1 in the deed to the County of Orange recorded November 9, 1965 in book 7734, page 226 of Official Records, be excluded from "RS -A -43, 000" RESIDENTIAL /AGRICULTURAL ZONE and incorporated in "RS- 5,000" RESIDENTIAL, SINGLE- FAMILY ZONE, subject to the following conditions: ATTY -18 -C (Page 2 of 2 pages) -2-- 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Kellogg Drive for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Kellogg Drive, including preparation of improvement plans and installation of all improvements such as curbs and gutters, side walks, street grading and paving, drainage facilities or other ap- purtenant 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 Kellogg Drive shall be installed as required by the Director of Public Utilities, and in accordance with standard 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 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 Kellogg Drive for tree planting purposes. 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 subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner(s) 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. 8. That a final tract map of subject property shall be sub- mitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 9. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 2, 3 and 8, 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. 10. That Condition Nos. 5 and 6, above- mentioned, shall be complied with prior to final building and zoning inspections. 11. That the residential structure on Lot No. 6 shall be located a minimum of thirty (30) feet from the south property line. 12. That all elevation, grading and specific plans for devel- opment of the property shall be subject to the approval of both the City Planning Commission and the City Council with interested homeowners on Pinecove Circle being notified of any hearing which may be held thereon. 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 deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of July, 1977. ATTEST: CITY OF ANAHEI CITY LERK OF TH JL W:fm q STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SEAL) ss. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -501 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 July, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -501 on the 12th day of July, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of July, 1977. CITY CLERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -501 duly passed and adopted by the Anaheim City Council on 12th day of July, 1977. CITY CLERK