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88-149RESOLUTION NO. 88R-149 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. 87-88-31 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: PARCEL NO. 1, AS SHOWN ON A MAP FILED IN BOOK 43, PAGE 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, 87-88-31 into the "RM-1200" 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 45 feet in width from the centerline of the street along Lewis Street and a strip of land 45 feet in width from the centerline of the street along Orangewood Avenue for street widening purposes including a 25 foot corner radius. That all engineering requirements of the City of Anaheim along Lewis Street, Orangewood Avenue and Manchester 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; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, itl an amount and form satisfactory to the City of Anaheim, shall be posted with tlm 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 street lighting facilities along Orangewood Avenue, Lewis Street, and Manchester Avenue 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 Gity of Anaheim prior to the introduction of an ordinance rezoning subject property. The above-required improvements shall be installed prior to occupancy. Said security shall include provision for any required utility pole relocation. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Orangewood, Lewis Street and Manchester Avenue in an amount as determined by the City Council. -2- 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 oftwo (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 the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1825 to the Zoning Division. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land of a width to be determined by the City Engineer and as measured from the centerline of Orangewood Avenue, for future widening of the street in connection with the Orangewood overcrossing over the Route 5 Santa Ana Freeway. That the owner of subject property shall dedicate all access rights to the City of Anaheim and that any temporary vehicular access shall be subject to approval by the City Engineer. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, 5, 6, 7, and 8, 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 year from the date of this resolution, or such further time as the Planning Commission may grant. 10. 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of April, 1988. MAYOR T~HE CITY'OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 3LW/jd 2406L 041488 -4- CLERK STATE OF CA_LIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ~kNAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-149 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 t~e following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL liEMBERS: None ABSENT: COUNCIL MEM_~ERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-149 on the 18th day of April, 1988. IN WITNESS WHEREOF, i have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of April, 1988. CiTY CLERK OF THE CITY OF AN~HEIM (SEAu) i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-149 duly passed and adopted by the Anaheim City Council on April 12, 1988. CITY CLERK ~F~E CITY