88-351RESOLUTION NO. 88R-351
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. 88-89-03 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 inter'ested 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 approved 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:
COMMENCING AT A POINT ON THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM; COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, 425 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
88-89-03
QUARTER, RUNNING THENCE SOUTH ON SAID WEST LINE 268
FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
NORTHEAST QUARTER OF TIlE NORTHEAST QUARTER 315 FEET:
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE NORT|tEAST QUARTER 212.50 FEET:
THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER 425 FEET:
THENCE SOUTH 102. 50 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF,
into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of
Anaheim, subject to the following conditions:
1. That street lighting facilities along Lincoln Avenue and
Embassy Avenue shall be installed as required by the Utilities
General Manager in accordance with specifications on file in the
Office of Utilities General Manager; 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
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.
2. That the vehicular access rights to Embassy Avenue and
Hiawatha Avenue shall be dedicated to the City of Anaheim.
3. 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.
4. 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.
5. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1729, 3720 and 3721 and
Conditional Use Permit No. 289, 526 and 862 to the Zoning Division.
6. That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1, 2, 3, 4 and S, 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.
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7. 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 ali 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
City Council
1988.
of the City
is approved and adopted by the
of Anaheim this 13th d. ay of September,
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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091588
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CLER}[
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AN~IHEIM )
I, L[ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
t~e foregoing Resolution No. 88R-351 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of September, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL M~4BERS: None
COUNCIL ME~iBERS: None
B/~D i FORTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-351 on the 21st day of September, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 21st day of September, 1986.
I, LEONOF~A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
t~e foregoing is the original of Resolution No. 88R-351 duly passed and
adopted by the Anaheim City Council on September 13, 1988.
CITY CLFi~K OF THE CiTY OF ANAHEIM