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RES-1989-120RESOLUTION NO. 89R-120 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. 88-89-35 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: LOT 17 OF TRACT NO. 796, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 24~ PAGE 28 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, into the "RM-1200" 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 thirty two (32) feet in width from the centerline of the street along Webster Avenue for street widening purposes. · That all engineering requirements of the City of Anaheim along Webster Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; 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 said improvements. Said security shall be posted with the City prior to introduction of an ordinance rezoning subject property, to guarantee the installation of the above-required improvements prior to occupancy. · That a fee shall be paid to the City of Anaheim for street lighting along Webster Avenue in an amount as established by City Council resolution. · That the legal owner of subject property shall dedicate to the City of Anaheim a five (5) foot wide public utility easement along the north and east property lines, as required by the City Electrical Engineering Division· · That a fee shall be paid to the City of Anaheim for tree planting along Webster Avenue in an amount as established by City Council resolution. · · That prior to introduction of an ordinance rezoning subject property, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more than two (2) persons (other than children under the age of two (2) years) per bedroom. Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be furnished to the Zoning Division. That a covenant shall be recorded agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. -2- · That prior to introduction of an ordinance rezoning subject property, Condition Nos. 1 through 7, 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 ~L~RK OF JLI~: db 5027L 041589 ANAHEIM -5- 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-120 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: Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-120 on the 18th 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) ~-~,, CITY CLERK OF THE OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-120 duly passed and adopted by the Anaheim City Council on April 11, 1989. .CITY CLERK OF THE CITY OF .ANAHEIM