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RES-1989-132RESOLUTION NO. 89R-132 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. 88-89-36 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 ail 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 NORTHWEST CORNER OF LOT 56, THENCE EASTERLY ALONG THE NORTHERLY LINES OF LOT 56 AND 210 FEET AND 4 1/2 INCHES TO A POINT IN THE NORTHERLY LINE OF LOT 55; THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF LOT 55, A DISTANCE OF 51 1/2 FEET TO A POINT; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH THE NORTHERLY LINE OF LOT RECLASS 88-89-36 55, A DISTANCE OF 32 1/3 FEET TO A POINT: THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF LOT 55, A DISTANCE OF 71 FEET TO A POINT; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH THE SOUTHERLY LINES OF LOTS 55 AND 56, A DISTANCE OF 178 1/2 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY ALONG THE WESTERLY LINE OF LOT 56, A DISTANCE OF 122 1/2 FEET TO THE NORTHWEST CORNER THEREOF AND TO THE POINT OF BEGINNING· 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 thc City of Anaheim a strip of land thirty two (52) feet in width from the ccntcrlin¢ of the street along Lemon Street for street widening purposes. That a fee shall be paid to the City of Anaheim for street lighting along Lemon Street 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 (S) foot wide public utility easement along the north property line, as required by the Electrical Engineering Division. That a fee shall be paid to the City of Anaheim for tree planting along Lemon Street 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 ~ncluded 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. · 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. -2- RECLASS 88-89-36 · 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 18th day of April, 1989. A~FTEST: CITY CLERK OF THE CITY OF ~NAHEIM JLW;db 3036L 042189 -3- RECLASS 88-89-36 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-132 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th 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-132 on the 12th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( 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-132 duly passed and adopted by the Anaheim City Council on April 18, 1989. CITY CLERK OF THE CITY OF ANAHEIM