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78-042RESOLUTION NO. 7gR-4?_ 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 SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. T7_7~_~i to consider an amendment to Title 18 of the Anaheim Municipal 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 denial of 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 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 situated and incorporated in the zone or zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Title 18 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: Beginning at the Northeast corner of that certain tract of land described as Parcel 1 in deed to the State of California, recorded March 19, 1968 in Book 8546, page 192, Official Records of said Orange County; thence along the Northerly boundary of said Parcel 1, South 84° 39' 34" North, 57.41 feet to the beginning of a tangent curve concave -1- 77-78-31 ATTY-IB-C Southerly having a radius of 350.00 feet; thence Westerly along said curve, through an angle of 27° 49' 04" an arc distance of 169.93 feet; thence South 5G° 50' 30" North a distance of 4.85 feet. to the beginning of a tangent curve concave North- easterly having a radius of 90.00 feet; thence Northwesterly-along said curve through an angle of 83° 35' 28", an arc distance of 131.31 feet; thence North 39° 34' 02" North, 53.15 feet along the. said line of said Parcel 1, .and its Northwest- erly prolongation, to a nontangent curve, concave Northeasterly, having a radius of 1735.00 feet; thence Northwesterly along said curve, .from a tan- gent bearing North 28° 46' 10" West, through an angle of 1° 43' 39", an arc distance of 52.31 feet; thence North 25° 42' 14" East, 18.90 feet to the Southwesterly corner of that certain tract of land described as Parcel 2 in said deed to the State of California; thence continuing along the Southerly line of said Parcel 2, North 25° 42' 14" East 5.50 feet to a line parallel with and distant Southerly 30.00 feet, measured at right angles, from the Northerly line of said Parcel 2; thence along said parallel line North 78° 08' 09" East, 328.66 feet to the beginning of a tangent curve concave South- erly, having a radius of 170..00 feet; thence East- erly along said curve, through an angle of 3° 10' 36", an arc distance of 9.43 feet to the Easterly line of that certain tract of land described as Parcel 1 in deed to E. Lee Schultz, et. al., re- corded September 6, 1962 in boob 6240, page 84, Official Records of said Orange County; thence South 22° 39' 53" East, along the Easterly line of said land of Schultz,. to the point of beginning, be excluded from "RS-A-43,000" RESIDENTIAL/AGRICULTURAL ZONE and incorporated in "RM-1200" RESIDENTIAL, MULTIPLE-FADSILY ZONE, sub- ject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the center- line of the street along McKinnon Drive for street widening purposes. 2. That all engineering requirements of the City of Anaheim along McKinnon Drive-and Lakeview Street including preparation of improvement plans and installation of all improvements such as curbs and gutters, 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 standard plans and specifications on file in the Office of the City Engi- neer; that street lighting facilities along McKinnon Drive and -2- Lakeview Street shall be installed as required by the Director of Public Utilities, .and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that 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 installation of the above- mentioned requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Mckinnon Drive for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. 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. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office Qf the Orange County Recorder. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That a six-root (6') masonry caall shall be constructed along the east property line of Parcel "A." 12. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 2, 3 and 8, above-mentioned, shall be completed. The provisions or rights granted ;~y 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 tune as the Planning Commission may grant. -3- 13. That Condition Nos. 4, 6, 7 and 11, above-mentioned, shall be complied with prior to final building and zoning inspec- tions. $E IT FUR^1~iER RESOLVED that the City Attorney be, and ..~ he is hereby, authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of J Hoary, 1978. OF ANAHEIi~~i ATTEST: ~, ,~ ~ , ~,. ~ ~` C~ LERFt C;~F TH CITY OF ANAHEIP~ JLW:fm -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-42 was introduced and adopted at a regular meeting provided by law, of the City Council of the City_of Anaheim held on the 17th day of January, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS:. Kaywood, Seymour, Roth and Thcm NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-42 on the 17th day .of January,. 1978. _ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of January, 1978. CITY CL RK OF THE CITY 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. 78R-42 duly passed and adopted by the Anaheim City Council on January 17, 1978. F;y ~ , ~: ITX CLERt: ~"