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1975-134ATTY 18 -C (Page 1 of 1 page) RESOLUTION NO. 75R- 134__`_ 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. 74 -75 -76 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 78th day of March 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: -1- 74 -75 -26 All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: That portion of the Northeast quarter of the Southwest quarter of Section 12, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point in the Easterly line of the Northeast quarter of the Southwest quarter of said Section 12, distant Southerly thereon 267.70 feet from its intersection with the center line of Lincoln Avenue, as shown on a Map of Tract No. 4717, recorded in Book 169, pages 11 and 12 of Miscellaneous Maps, records of said Orange County, said point also being the Northeast corner of said Tract No. 4717; thence South 89° 52' 20" West 660.10 feet along the Northerly boundary of said Tract No. 4717, to the Northwest corner of said Tract No. 4717, said corner also being in the Westerly line of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 12; thence North 00° 10' 28" East along said Westerly line to the Southerly boundary of Tract No. 2490, as shown on a Map recorded in Book 79, pages 45 and 46 of Miscellaneous Maps, records of said Orange County; thence South 78° 52' 26" East along said Southerly boundary to the center line of Sunkist Street, said center line also being the Easterly line of the Northeast quarter of the Southwest quarter of said Section 12; thence Southerly thereon to the point of beginning. be excluded from "RS- A- 43,000" RESIDENTIAL /AGRICULTURAL 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 53 feet in width from the centerline of the street along Lincoln Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Lincoln Avenue 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 Engineer; that street lighting facilities along Lincoln Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond 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. -2- 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Lincoln Avenue and Sunkist Street for tree planting purposes. 4. That a planted median shall be installed in Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that reasonable landscap- ing, including irrigation facilities shall be installed in accordance with the requirements of the Superintendent of Parkway Maintenance; and that a bond 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 requirement. Following the installation and acceptance, the City of Anaheim shall assume the responsibility for mainten- ance of said landscaping, as stipulated to by the petitioner. 5. That any parking area lighting shall be down lighted from a maximum height of twenty -two (22) feet and directed away from the adjacent property lines to protect the residential integrity of the area, as stipulated to by the petitioner. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. 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. 8. That all air- conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 9. That subject property shall be served by under- ground utilities. 10. That a 6 -foot masonry wall shall be constructed along the south and west property lines. 11. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 5. 13. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, 3 and 4, 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 Conditions Nos. 5, 6, 8, 9, 10, 11 and 12, above- mentioned, shall be complied with prior to final building and zoning inspections. -3- 15. That deliveries shall be between the hours of 7:00 a.m. and 10:00 p.m. and delivery truck access shall be from Lincoln Avenue only, and the hours of operation shall be from 9 :30 a.m. to midnight, as stipulated to by the petitioner. 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 18th day of March, 1975. ATTEST: CITY CLERK OF THE, CITY OF ANAHEIM FAL :jh -4- F TH 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. 75R -134 was intro- duced and adopted at a regular meeting of the City Council held on the 18th day of March, 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 -134 on the 18th day of March, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of March, 1975. (SEAL) CITY CLERK OF THE C 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. 75R -134 duly passed and adopted by the Anaheim City Council on March 18, 1975. City Clerk