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1982-459 RESOLUTION NO. 82R-459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL conE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOtJLn BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a pUblic hearing in Reclassification Proceedings No. ~2-83-l to consider an amendment to Title 18 of the Anahe1m Mun1cipal Code relating to zoning, and to consider a change in the boundaries of the zone or zones hereinafter men- tioned 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 annravAd the proposed amendment: and WHEREAS, ~hereafter, 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 amendment to Title 18 of the Anaheim Municipal Code should he adopted and that the property hereinafter described should be excluded from the zone or zones in which it is now si~uated and incorporated in the zone or zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the C1~y of Anaheim ~ha~ Title 19 of the Anaheim Municipal Code be, and the same is hereby, amended and that the following de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: 82-83-1 ATTV-18-C .~... .~. .... ,le........_ .;...-...... . ........... ..:&.~.. ~:.... ....-.",. .-............ "iIIII... ..._.... ~..'.".'''.~':..'''\IO ...'._~"".:loonoo._--"""'._"'__-""'-~_...r.-.."".~,,_ PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 148, PAGE 3 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUAR- TER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING IN THE NORTHWEST CORNER OF PARCEL B AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE S 890 36' 50. W. 64.00 FEET; THENCE N 00 12' 10. W, 0.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 192 FEET; THENCE NORTHERLY AND NORTHEAST- ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 380 27' 14" AN ARC DISTANCE OF 128.86 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTH- WESTERLY AND HAVING A RADIUS OF 128 FEET; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 380 25' 39" AN ARC DISTANCE OF 85.88 FEET; THENCE N 00 10' 35" W, 2.57 FEET; THENCE N 890 35' 50. E, 86.00 FEET; THENCE S 00 10' 35. E, 3.96 FEET TO THE BEGINNING OF A TAN- GENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 162 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 490 92' 57" AN ARC DISTANCE OF 140.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 98 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 490 34' 32- AN ARC DISTANCE OF 84.79 FEET TO THE POINT OF BEGINNING. DATED DRCRMBRR 31, 1974, be reclassified and incorporated into the -RM-3000. RESIDENTIAL- MULTIPLE FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim, land for a 32-foot radius modified cul-de-sac. -2- -.-.. .."- ..:.. ..._~.-.................':'" ... .........,.. ............... .......v. .&.. ...*,;... ..,........:. .ll..._ .:...._M_.....-...-or._"f'.......,_~~ ... 2. That (a) all engineering requirements of the City of Anaheim along Hayward street including preparation of improvement plans and installation of all improvements such as curbs and gut- ters, sidewalks, street grading and paving, 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, 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 prior to approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That subject property shal1 be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner of sUbject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as de- termined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That a modified cul-de-sac shall be provided at the ter- minus of Hayward street sUbject to the approval of the City Engineer.- 9. That the original documents of any proposed covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation, shall be submitted to the City Attorney's Office and approved by the City Attorney's office and Engineering Division prior to the final tract map approval. Said documents as approved shall be filed and recorded in the Office of the Orange County Recorder. 10. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2354. 11. That prior to the issuance of building permits, the owners of sUbject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit. -3- ......_..:.a......_. ......-........... _.~._~ _...........................~...... ......~.. .". ........___ _......_..~. 12. That the owners of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Hayward Street. 13. That the owners of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Hayward Street. 14. That a 6-foot masonry wall shall be constructed along the east and west property line(s). l5. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code 65915 which agreement shall be recorded concurrently with or prior to the approval by the Final Tract Map for subject property which shall provide that 25% of the units shall be sold as low or moderate income housing as defined in Government Code 65915 and ;with appropriate resale controls as approved by the City of Anaheim. l6. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief BUilding Inspector that the proposed project is in conformance with Council Policy Number 542, Sound Attenuation in Residential Projects. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. I through 4, provided, however, that prior to issuance of a building permit, revised plans shall be sub- mitted to and approved by the Planning Commission including four (4) on-site recreational vehicle parking spaces. 18. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. l, 2, 12 and 13, above-mentioned, shall be completed. The provisions or rights granted by this reso- lution 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 hereof, or such further time as the Planning Commission may grant. 19. That Condition Nos. 3, 5, 6, B, 14 and l7, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unen- forceable by the final jUdgment of any court of competent jurisdic- tion, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- ........ --" - .........-,...-=-""'........-.-.n'll'" .~.-.;.:. ~ .A......._............. ..__.-..... ........._ _ ~__ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of September, 1982. ~~~-- MAYOR OF THE CI 0; ~NAHEIM ATTEST: eX .~.. ..)A)~ CITY ~LERK OF THE ITY OF ANAHEIM JLW: fro 0141M -5- .............. .~~,.. ...........1- ... .....,...... .::1....,...........; .... ......,._~.. .............._~_~.. _......,...~............~~.....~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-459 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of September, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-459 on the 14th day of September, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of September, 1982. ~~t2~ TY LERK OF TIrE CIT F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-459 duly passed and adopted by the Anaheim City Council on September 14, 1982. ~.~~~ '- CITY CLERK