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1975-166ATTY -18 -C (Page 1 of 1 page) RESOLUTION NO. X513 -1..66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIIEIM FINDING AND DETERMINING TIIAT 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. 74-7-27 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 1st day of April 19 75, and continued to the day of 19 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: South Street Tract, Lots 1, 2 and 3 as shown in Book 8, Page 89 of Miscellaneous Maps on file in the Office of the Recorder of Orange County, California. -1- 74 -75 -27 be excluded from "RM-1200" RESIDENTIAL, MULTIPLE- FAMILY ZONE, and incorporated in "CL" COMMERCIAL, LIMITED ZONE subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the center- line of the street along Anaheim Boulevard including a 15 -foot property line return, for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of :;2.00 per front foot along Anaheim Boulevard and South Street for street lighting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Anaheim Boulevard and South Street for tree planting purposes. 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 shall be served by underground utilities. 6. That any parking area lighting shall be down lighting from a maximum height of twelve feet (12'), which lighting shall be directed away from the property lines to protect the residen- tial integrity of the area, as stipulated to by the developer. 7. That curbs shall be repaired along South Street as re- quired by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That trash storage areas shall be provided in accord- ance with approved plans on file with the office of the Director of Public Works. 10. That all air conditioning, refrigeration and any other mechanical equipment shall be properly shielded from view and the sound buffered from adjacent properties to achieve a maximum of 60 dbA at the property line, as stipulated to by the developer. 11. That the property owner(s) shall submit a letter of agreement to the City Attorney's Office for approval, said agree ment to insure that in the event the adjacent property to the south is developed with a residential use, then a six -foot (6') high masonry wall shall be constructed along the south property line by the subject property owner(s) and said wall shall be re- duced to thirty inches (30 within the setback area adjacent to Anaheim Boulevard, and said agreement shall be filed and re- corded in the office of the Orange County Recorder. 12. That subject property shall be developed precisely in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3, as stipulated to by the developer. -2- 13. Prior to the introduction of an ordinance rezoning subject property, Condition Nos, 1, 2 and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 14. That Condition Nos. 5, 6, 7, 8, 9, 10, 11 and 12, above-mentioned, shall be complied with prior to final build- ing and zoning inspections. 15. That deliveries to the subject property shall be re- stricted to daylight hours between 8:00 a.m. and 5:00 p.m., as stipulated to by the developer. 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 deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and sig id by me this 1st day of April, 1975. ATTEST: 2-7 CITY CLERK OF THE 4TY OF ANAHEIM FAL, JR:fm 3- (SEAL) 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. 75R -166 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of April, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R -166 on the 1st day of April, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of April, 1975. C �(�a vui 7. e CITY CLERK OF THE CITY ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -166 duly passed and adopted by the Anaheim City Council on April 1, 1975. City Clerk