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1974-374ATTY 18 -C (Page 1 of 1 page) RESOLUTION NO. 74R -374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE 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 Pro- ceedings No. 73- 74_(2 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 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 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 a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission the City Council did fix the 23rd day of July 197 and continued to the 6th day of August 1974 as the time, and the City Council Chambers in the City Hall of the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incor- poration thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form provided in said Title 18 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be 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 described property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- 73 -74 -62 Beginning at the most easterly North corner of Tract No. 7416 in the City of Anaheim, recorded in Book 311, Pages 37 to 42 inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County; said northeasterly corner being also in the northeasterly boundary of said City of Anaheim; thence along said northeasterly boundary and Tract line, North 73 42' 35" West 10.62 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 867.88 feet; thence northwesterly along said boundary line and curve through a central angle of 49 23' 21" and an arc distance of 748.11 feet to the end of said curve, thence tangent to said curve, along said bound- ary, North 24 19' 14" West 846.14 feet to the most northerly corner of said Tract No. 7416; being also an angle point in said boundary; thence continuing along said boundary, North 51 28' 17" West 534.22 feet to an angle point therein, being also the southeasterly corner of said Lot 53; thence leaving said City bound- ary, along the southwesterly line of said Lot 53, North 51 36' 21" West 30.72 feet; thence leaving said west- erly line, North 38 23' 39" East 34.08 feet to an an- gle point in the southeasterly line of said Lot 53, being also an angle point in said City boundary; thence along the southeasterly line of said Tract No. 4693 and said boundary, North 45 09' 44" East 495.79 feet to that course described as having a bearing and length of South 53 07' 47" East, 384.00 feet in Parcel 2 of deed (State Parcel 135) recorded in Book 5705, Page 531 of Official Records in said Office; thence leaving said City boundary along the lines of said Parcel 2, South 53 56' 08" East 172.98 feet to an angle point therein and continuing, South 54 23' 50" East 256.01 feet and South 53 32' 25" East 280.01 feet and South 71 18' 22" East 16.82 feet and South 15 36' 45" West 23.39 feet and South 37 21' 19" West 172.50 feet and South 5° 09' 01" East 145.00 feet and South 29 02' 01" East 285.00 feet and South 34 27' 31" East 314.20 feet and South 56 14' 51" East 305.00 feet and South 74 09' 11" East 100.00 feet and South 0 09' 11" East 53.18 feet to the southerly line of said Parcel 2; thence continu- ing, South 0 09' 11" East 4.84 feet to the South line of said M. Yorba allotment, being also the North line of said P. Yorba allotment; thence South 20 26' 29" West 520.84 feet to the point of beginning. be excluded from the RA, AGRICULTURAL, ZONE and incorporated in RS-5000, ONE FAMILY RESIDENTIAL, ZONE as to Portion A, and from R -A, AGRICULTURAL, ZONE to R -2, MULTIPLE- FAMILY RESIDENTIAL, ZONE as to Portion B, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That final floor plans and elevations for each phase of development shall be submitted to and approved by the Planning Commission and City Council. -2- 3. 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. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire De- partment prior to commencement of structural framing. All fire hy- drants shall be City of Anaheim standard hydrants. utilities. 5. That subject property shall be served by underground 6. That all air conditioning facilities shall be properly shielded from view and the sound buffered from adjacent properties. 7. That a six -foot high earthen berm topped by a six -foot high decorative masonry wall (with maintenance access gates in the wall) shall be constructed along the north boundary adjacent to the Nixon Freeway. 8. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1 and 2, above mentioned, shall be com- pleted. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said condi- tions are complied with within one year from the date hereof, or such further time as the City Council may grant. 9. That Condition Nos. 5, 6 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. 10. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel provided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels ap- proved by the City Council for a lot split. 11. That the RS -5000 portion of the development shall be graded in such a manner that the grade differential between the pad elevation of the existing RS- 5000 development to the west and the pad elevations within the northwest portion of the proposed development shall not exceed sixteen feet. 12. That the RS- 5000 portion of the proposed development shall be graded in such a manner that a three -foot wide drainage swale may be accommodated along the toe of the slope at the grade of the existing adjacent properties to carry away all waters from the slope to the street. 13. That sufficient pads shall be created to accommodate a minimum ten -foot flat area to the rear of each RS- 5000 house proposed along the westerly boundary of the tract. BE IT FURTHER 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 determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of August, 1974. ATTEST: CIT t�t'o- )j 1. Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -374 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of August, 1974, by the following vote of the members thereof: (SEAL) AYES: COUNCIL MEMBERS: Seymour, Sneegas, Pebley NOES: COUNCIL MEMBERS: Kaywood and Thom ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 74R -374 on the 6th day of August, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 1974. CITY CLERK OF THE CITY' OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -374 duly passed and adopted by the Anaheim City Council on August 6, 1974. City Cl -4-