88-142RESOLUTION NO. 88R-142
A RESOLUTION OF THE CITY COUNCIL OF THE CI]Y
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. (REHEARING)
WHEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. 87-88-24 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, following receipt of evidence and testimony
said public hearing, the City Council adopted its Resolution
No. 88R-72 denying the proposed amendment; and
at
WHEREAS, thereafter within the time provided by law, the
City Council did receive an application for a rehearing upon said
determination which application for rehearing was subsequently
granted by the City Council; and
WItEREAS, at the time and place fixed for said rehearing,
the City Council did duly hold and conduct such rehearing 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:
87-88-24
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 8 WITH 1HE SOUTHERLY PROLONGATION OF THE
CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS
DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF
ANAHEIM, RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE
397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE
NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID
SOUTHERLY PROLONGATION INTERSECTION OF SAID CENTER
LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY
LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK SO
PAGE 15 OF SAID
MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14" WEST
351.68 FEET PARALLEL WITH SAID NORTHERLY LINE TO THE
EASTERLY LINE OF SAID TRACT NO. 1775; THENCE SOUTH 1
DEG. 16' S4" EAST 835.16 FEET ALONG SAID EASTERLY LINE
TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89
DEG. 31' 00" EAST 333.59 FEET ALONG SAID SOUTH LINE TO
THE POINT OF BEGINNING·
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS
1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION,
SUPERIOR COURT CASE NO. 70691, A CERTIFIED COPY OF
WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE
85 OF SAID OFFICIAL RECORDS,
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
32 feet in width from the centerline of the street along
Muller Street for street widening purposes.
That street lighting facilities along Lincoln Avenue and
Muller Street 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.
That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Lincoln
Avenue and Muller Street 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 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 prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1 through 4,
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.
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 5th day of April, 1988.
MAYO~C~IT~T~NAHEiM
ATTEST:
CITY CLERK OF THE CITY
JLW/jd
2400L
041188
OF ANAHEIM
-3-
CLEPdi
STATh OF CALIFO~£A )
COUNTY OF ORANGE ) ss.
CITY OF ~AHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the ioregoing Resolution No. 88R-142 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of April, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-142 on tile 13th day of April, 1988.
IN WITNESS WNEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of April, 1988.
CITY 0
(SEA~)
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-142 duly passed and
adopted by the Anaheim City Council on April 5, 1988.
CITY CLERK OF THE CITY OF ANAHEIM