88-152RESOLUTION NO. 88R-152
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. 8?-88-34 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 arid 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:
PARCEL 1:
THE EAST 145.50 FEET OF LOT 26 OF TRACT NO. 403 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 16, PAGE 11, MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
87-88-34
PARCEL 2:
THE EAST 145.50 FEET OF LOT 25 TRACT NO. 403 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 16, PAGE 11, MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
into the "RM-2400" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of
Anaheim, subject to the following conditions:
That the 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
Harding Drive for street widening purposes.
That all engineering requirements of the City of Anaheim along
Harding Drive, including preparation of improvement plans and
installation of ali 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.
o
That street lighting facilities along Harding Drive shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; and 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.
o
That the owner of subject property shall pay to the City of
Anaheim a fee for tree planting purposes along Harding Drive
in an amount as determined by the City Council.
That prior to introduction of an ordinance rezoning subject
property, the 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.
-2-
That the owner of subject property shall dedicate to the City
of Anaheim a strip of land ten (10) feet in width from the
centerline of the alley for alley widening purposes.
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1, 2, 5, 4, 5 ~ 6,
above-mentioned, shall be completed. The provisions or rights
granted by this resolution shall become null and void unless
said conditions are complied with within one year from the
date of this resolution, or such further time as the City
Council 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 RESOLOTION is approved and adopted by the
City Council of the City of Anaheim th~ 12th ~y of April, 1988.
MAYOR OF THE CITY ~F ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW/jd
2410
041488
CLERK
STATE OF CAJZIFO~iA
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
l, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-152 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of April, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES:
COUNCIL MEMBERS: Kaywood and Pickler
ABSENT: COUNCIL MEMBERS: None
~D i FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-152 on the lgth day of April, 1988.
IN WITNESS WHEREOF, i have hereunto set my [mnd and affixed the seal of the
City of Aaaheim this 18th day of April, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
±, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the origi~zal of Resolution No. 88R-152 duly passed and
adopted by the Anaheim City Council on April 12, 1988.
CITY CLERK OF THE CITY OF ANAHEIM