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1977-304RESOLUTION NO.77R -304 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 Proceed- ings No. 76 -77 -42 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 resolu- tion 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 26th day of April 19 77, 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 incorporation thereof in the zone or zones hereinafter set forth, and did give notice there- of 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 opportun- ity 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. ATTY -18 -C (Page 1 of 2 pages) -1- 76 -77 -42 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municinal 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: Parcel 1, in the City of Anaheim, County of Orange, State of California, as shown on a Parcel Map filed in Book 69, Pages 47 48 of Parcel Maps in the Office of the County Recorder of said county. ATTY -18 -C (Page 2 of 2 pages) Excepting that portion of Parcel 1 in the City of Anaheim, County of Orange, State of California, as shown on a map filed in Book 69, Pages 47 and 48 of Parcel Maps in the Office of the County Recorder of said county, described as follows: Beginning at the northwest corner of Parcel 2 as shown on said map; thence north 0 16' 40" west 50.01 feet; thence north 89° 38' 45" east 144.00 feet to Harding Avenue; thence south 0° 16' 45" east 50.01 feet along said Harding Avenue; thence south 89° 38' 59" west 144.00 feet to the point of beginning. be excluded from "RS- 7200" RESIDENTIAL, SINGLE FAMILY ZONE, and incorporated in "RM- 4000" RESIDENTIAL, MULTIPLE FAMILY ZONE, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Topanga Drive and the alley, 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 specifica- tions on file in the Office of the City Engineer; that street lighting facilities along Topanga Drive shall be installed as required by the Director of Public Utilities and in accor- dance 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. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Topanga Drive for tree planting purposes. -2- 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the 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 shall be served by under- ground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. 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 of the Orange County Recorder. 8. That the owner 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. 9. 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. 10. That a reciprocal easement agreement between the owner(s) of Lot Nos. 2 and 3, providing for access and circulation, shall be submitted to the City Attorney's Office for review and approval; then be filed and recorded in the office of the Orange County Recorder at the time of parcel map recordation. 11. That the petitioner shall submit letters request- ing the termination of Reclassification No. 59 -60 -105 and Conditional Use Permit No. 1518. 12. Prior to the introduction of an ordinance rezon- ing subject property, Conditions Nos. 1, 2, 7 and 11, 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. -3 13. That Conditions Nos. 3, 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 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 26th day of April, 1977. ATTEST: JLW:jh MAYO' Or I:+ 'CIT •F ANAH IM 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. 77R -304 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of April, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth 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. -77R -304 on the 26th day of April, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of April, 1977. (SEAL) CITY CLERK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -304 duly passed and adopted by the Anaheim City Council on April 26, 1977.