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1977-669RESOLUTION NO. 77R -669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PELATI`;G 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 Proceedings No. 76 -77 -49 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 (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 an intent to reclassify said prop- erty and that a certain zone or zones be changed as hereinafter set forth; 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 the City Council did fix the llth day of October, 1977, 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 prop- erty, 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 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 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 ex- cluded from the zone or zones in which it is now situated and in- corporated 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 de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- 76 -77 -49 PARCEL NO. 1: Those portions of Lots 11, 12, and 13 inclusive of "Orange Grove Acres No. 2" as shown on a map re- corded in Book 7 at Page 36 of Miscellaneous Maps of said Orange County, lying South of the South line of the land conveyed to the State of Califor- nia by deed recorded May 24, 1963 in Book 6561, page 239 of Official Records. PARCEL NO. 2: Lots 31 and 32 of "Orange Grove Acres No. 2" as shown on a map recorded in book 7, page 36 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM that portion of said Lots conveyed to the county of Orange by Deed recorded August 23, 1922 in Book 433, page 202 of Deeds. PARCEL NO. 3: That portion of the North half of Pomelo Drive, as shown on the map of "Orange Grove Acres No. 2," recorded in Book 7, page 36 of Miscellaneous Maps, records of Orange County, California, adjoining Lots 11, 12 and 13 of said Orange Grove Acres No. 2, on the South and that portion of the South half of said Pomelo Drive adjoining Lots 31 and 32 of said Orange Grove Acres No. 2 on the North, aban- doned and vacated by resolution of the Board of Supervisors of Orange County on March 29, 1930, a Certified Copy of which was recorded March 31, 1930 in Book 972, page 164 of Official Records, be excluded from "RS- A- 43,000" RESIDENTIAL /AGRICULTURAL ZONE and incorporated in "ML" INDUSTRIAL, LIMITED ZONE, subject to the fol- lowing conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 64 feet in width from the freeway right -of -way line along the frontage road and a strip of land 32 feet in width from the centerline of Newkirk Road, including a standard cul -de -sac at the southerly terminus of Newkirk Road, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along the frontage road and Newkirk Road, including standard cul- de -sac, including preparation of improvement plans and installa- tion of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurten- ant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file -2- in the office of the City Engineer; that street lighting facili- ties along the frontage road and Newkirk Road, including standard cul -de -sac, shall be installed as required by 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 reauirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Pub- lic Works. 4. That fire hydrants shall be installed and charged, as required and determined to be necessary by the Chief of the Fire Department, within a period of ninety (90) days from date hereof, or such further time as the Planning Commission may grant. 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. 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, shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 8. 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. 9. That the applicant obtain an encroachment permit from the City of Anaheim for the existing truck scales located in the ultimate right -of -way of Newkirk Road within ninety (90) days from the date of approval. 10. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 2, 7 and 9, 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 hereof, or such further time as the Planning Commission may grant. 11. That Condition Nos. 3, 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 12. That a four (4) foot high landscaped earthen berm topped by an eight (8) foot high wood slatted chainlink fence shall be maintained along Frontera Street and shall entirely enclose the property. -3- 13. That no material shall be piled, stacked or maintained on the property so as to be higher than the aforesaid fence or in such a manner as to be visible from surrounding properties or the freeway. 14. That landscaping shall be provided and maintained to fully screen said operation from view from all hiking, riding and bicycle trails. 15. That said operations and activities on the premises shall be limited to between the hours of 6:30 a.m. to 7:00 p.m. daily seven (7) days a week. 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 11th day of October 1977. ATTEST: CITY CLERK OF TH CITY OF ANAHEIM JLW:fm 1/ MAYOR 0 IE CrTY 0 ANAHEIM (SEAL) 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. 77R -669 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of October, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND. I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -669 on the llth day of October, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of October, 1977. CITY ERK OF THE C TY 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 -669 duly passed and adopted by the Anaheim City Council on October 11, 1977.