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88-337RESOLUTION NO. 88R-337 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. 88-89-02 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 WItEREAS, 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: 88-89-02 Lot 12 in Block 2 of the "Enterprise Tract", a subdivision of a part of Vineyard Lot "E6", Anaheim, as shown on a Map recorded in Book 4, page 39 Miscellaneous Maps, records of Orange County, California. Lot 13 in Block 2 of "Enterprise Tract", a subdivision of a part of Vineyard Lot "E6" Anaheim, as shown on a map recorded in Book 4, page 89 of Miscellaneous Maps, Records of Orange County, California, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That a fee shall be paid to the City of Anaheim for street lighting along Broadway in an amount as determined by City Council resolution. 2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land sixty three and one quarter (63.25) feet in width from the centerline of the street along Broadway for street widening purposes. 3. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim sufficient right-of-way to provide for the widening of the public alley to twenty (20) feet. 4. That a fee shall be paid to the City of Anaheim for tree planting along Broadway in an amount as determined by City Council resolution. 5. 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. 6. 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. 7. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, 5 and 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 year from the date of this resolution, or such further time as the Planning Commission may grant. -2- 8. That approval of this application constitutes approval o£ 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 o£ the City of Anaheim this 30th day o£ August, 1988. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:£m 2712L 083188 -3- CLERK STATE OF CAJhIFORNIA ) 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. 88R-337 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME~IBERS: None ~D i FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-337 on the 7th day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of September, 1988. 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. 88R-337 duly passed and adopted by the Anaheim City Council on August 30, 1988. CITY CLERK OF THE CITY OF ANAHEIM