91-018 RESOLUTION NO. 91R-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE
BOUNDARIES 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. 90-91-17 to consider an amendment to the Zoning Map referred to
in Title 18 of the Anaheim Municipal Code, 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 granted the proposed amendment; 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
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find and determine that
the Zoning Map referred to in Title 18 of the Anaheim Municipal
Code should be amended 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 and zones as hereinafter set
forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that the City Council does hereby declare and
indicate its intention to amend the Zoning Map of the city of
Anaheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF FRACTIONAL SECTION 24
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
RECLASS 90-91-17
ON A MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNT, LYING SOUTHERLY OF THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO THE SANTA FE RAILROAD COMPANY (FORMERLY
THE CALIFORNIA CENTRAL RAILWAY COMPANY)
RECORDED MAY 4, 1962 IN BOOK 6098 PAGE 393, OF
OFFICIAL RECORDS.
THAT PORTION OF LOT 5 IN TRACT NO. 71, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING
NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE,
AS DESCRIBED IN THE DECREE OF CONDEMNATION,
RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397,
OFFICIAL RECORDS.
EXCEPT THAT PORTION OF SAID LAND LYING EASTERLY
OF THE EAST LINE OF THE LAND DESCRIBED IN DEED
TO MAURICE E. BIVENS, ET UX., RECORDED JUNE 17,
1927 IN BOOK 62, PAGE 45 OF OFFICIAL RECORDS.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON
A MAP FILED IN BOOK 51, PAGE 38 OF RECORDS OF
SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER,
into the "CO" COMMERCIAL OFFICE AND PROFESSIONAL ZONE of the city
of Anaheim, subject to the following conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the city of Anaheim the following
easements:
a. An easement sixty (60) feet in width from the centerline
of the street along the project's State College Boulevard
frontage for street widening purposes.
b. An additional easement twelve (12) feet in width along
the project's State College Boulevard frontage, including
a twenty five (25) foot corner return radius, for
Critical Intersection and street widening purposes.
c. An easement sixty (60) feet in width from the centerline
of the street along the project's Katella Avenue frontage
for street widening purposes.
d. An additional easement twelve (12) feet in width along
the project's Katella Avenue frontage, including a twenty
five (25) foot corner return radius, for Critical
Intersection and street widening purposes.
RECLASS 90-91-17
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e. An easement for a water supply well including provisions
for ingress and egress at the northwest corner of subject
property, as required by the General Manager of the
Public Utilities Department.
2. That the slope easement along the project's State College
Boulevard frontage shall be abandoned. The applicant shall
submit an application for abandonment to the Real Property
~ Section of the Public Works/Engineering Department for
consideration by the City Council.
3. That the legal owner(s) of subject property shall execute and
record an unsubordinated covenant in a form approved by the
City Attorney's Office wherein such owner(s) agree not to
contest the formation of any assessment district(s) which may
hereafter be formed for the purpose of financing the
undergrounding of utilities in the Anaheim Stadium Business
Center, and which district(s) could include such legal
owner(s) property.
4. That prior to the introduction of an ordinance rezoning
subject property, or within a period of ninety (90) days from
the date of this resolution, whichever occurs first, the legal
owner(s) of subject property shall execute and record an
unsubordinatsd covenant in a form approved by the City
Attorney's Office wherein such owner(s) agree not to contest
the formation of any assessment district(s) which may
hereafter be formed pursuant to the provisions of Development
Agreement No. 82091 between the City of Anaheim and Anaheim
Stadium Associates, which district(s) could include such legal
owner(s)' property. a copy of the recorded covenant shall
then be submitted to the Zoning Division.
5. That prior to introduction of an ordinance rezoning subject
property, Condition Nos. l, 2 and 3, above-mentioned, shall be
completed. The provisions or rights granted by this
~' resolution for the hotel component (Phase I) shall become null
and void by action of the Planning Commission unless said
conditions are complied with within the later of (i) one year
from the date of this resolution or (ii) 180 days from the
expiration or earlier termination of Development Agreement No.
90-02, provided that the termination is not due to a default
of the legal owner pursuant to the terms of the Development
Agreement, as determined by the city of Anaheim. Extensions
of time may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
6. That the legal owner(s) of subject property shall be held
responsible for complying with the mitigation monitoring
, program established by the City of Anaheim in compliance with
~ Section 21081.6 of the Public Resources Code.
RECLASS 90-91-17
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7. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that the adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
condition or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void provided such judgment is the result of a
legal action filed within the challenge period set forth by local
ordinance.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 15th day of January, 1991.
MAYDR OF THE CITY OF ANA~F~IM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
R3499117.113
012291
RECLASS 90-91-17
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STATE OF CALIFO~IA )
COUNTY OF O~NGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-18 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 15th day of
January, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-18 on the 30th day of January, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of January, 1991.
CITY CLE~ OF THE C~Y OF ANAHEI~
( SEAL )
I, LEONORA N. SOHL, city Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-18, duly passed and adopted
by the City Council of the City of Anaheim on January 15, 1991.
CITY CLERK OF THE CITY OF ANAHEIM