RES-1989-116RESOLUTION NO. 89R-116
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. 88-89-04 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:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 82 OF
TRACT NO. 1356, AS PER MAP RECORDED IN BOOK 46, PAGES
25 TO 27 INCLUSIVE, OF MISCELLANEOUS MAP IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE
SOUTH 74 DEGREES 15 MINUTES 25 SECONDS WEST, ALONG THE
NORTHERLY LINE OF WILHELMINA STREET AS SHOWN ON MAP OF
SAID TRACT NO. 1356; 270.79 FEET TO THE WESTERLY LINE
OF LOT 1; THENCE NORTHERLY ALONG SAID WEST LINE 85
FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO
JOSEPH TUMA AND WIFE RECORDED NOVEMBER 24, 1948, IN
BOOK 1764, PAGE 65 OF OFFICIAL RECORDS, SAID ORANGE
COUNTY: THENCE NORTH 73 DEGREES 55 MINUTES 20 SECONDS
EAST 270.81 FEET TO THE WESTERLY LINE OF LOT 81 OF
SAID TRACT NO. 1356; THEN SOUTH 15 DEGREES 22 MINUTES
30 SECONDS EAST ALONG THE WESTERLY LINE OF LOTS 81 AND
82, 86.58 FEET TO THE POINT OF BEGINNING·
into the "RM-5000" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of
Anaheim, subject to the following conditions:
I .
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land forty
five (45) feet in width from the centerline of the street
along East Street including a fifteen (15) foot radius corner
return for street widening purposes.
.
That the vehicular access rights to East Street shall be
dedicated to the City of Anaheim.
·
That a water flow test of the water system to determine
adequate water pressure shall be conducted, to the
satisfaction of the City Water Engineering Division.
.
That a fee shall be paid to the City of Anaheim for street
lighting along East Street in an amount as established by City
Council resolution.
.
That a fee shall be paid to the City of Anaheim for tree
planting along East and Wilhelmina Streets in an amount as
established by City Council resolution.
.
That street lighting facilities along Wilhelmina Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or that security in the form of 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 satisfactory completion
of the above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to the introduction of
an ordinance rezoning subject property. The above-required
improvements shall be installed prior to occupancy.
-2-
·
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1 through 6, 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 (1) year from the date of this resolution, or such
further time as the Planning Commission may grant.
·
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
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·
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this llth day of April, 1989.
ATTEST:
~.CITY CLERK OF THE CI OF ANAHEIM
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041389
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-116 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 April, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 89R-116 on the lgth day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of April, 1989.
( SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-116 duly passed and
adopted by the Anaheim City Council on April 11, 1989.
CITY CLERK OF THE CITY OF ANAHEIM