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1977-095ATTV -18 -C (Page 1 of 2 pages) RESOLUTION NO. 77R -95 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 -35 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 15th day of February 1977 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. -1- 76 -77 -35 ATTY -18 -C (Page 2 of 2 pages) 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: The East 160 feet of the West 330 feet of the North 264 feet of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section Twenty three, Township Four South, Range Eleven West, S.B.B. M. be excluded from "RS -A -43, 000" RESIDENTIAL /AGRICULTURAL ZONE and incorporated in "CL" COMMERCIAL, LIMITED ZONE, subject to the fol- lowing conditions: 1. That the owners 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 Ball Road for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Ball Road including preparation of improvement plans and in- stallation 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 Ball Road 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 Ball Road 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 Pub- lic Works. 5. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire De- partment 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. -2- 8. That the owners 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 a six (6) foot high masonry wall shall be construc- ted along the west property line. 10. That in accordance with the specifications of Council Policy No. 542 (Sound Attenuation in Residential Projects), sound attenuation measures adjacent to Ball Road shall be provided un- less otherwise waived by the City Council. 11. Prior to the introduction of an ordinance rezoning sub- ject 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 (1) year from the date hereof or such further time as the City Council may grant. 12. That Condition Nos. 4, 6, 7, 9 and 10, above- mentioned, shall be complied with prior to final building and zoning inspec- tions. 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 approve this 15th day of February, 1977. ATTEST: CITY LERK OF THE CITY OF ANAHEIM JLW:fm n d si ned by me r r r iR OF THE CITY OF ANAHEIM 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 -95 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of February, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood (SEAL) ABSENT: 'COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R -95 on the 15th day of February, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of. February, 1977. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No 77R -95 duly passed and adopted by the Anaheim City Council on February 15, 1977.