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1985-300RESOLUTION NO. 85R-300 A RESOLUTION OF THE CI' OF ANAHEIM FINDING AND ZONING MAP REFERRED TO ANAHEIM MUNICIPAL CODE THAT THE BOUNDARIES OF BE CHANGED. I'Y COUNCIL OF THE CITY DETERMINING THAT THE IN TITLE 18 OF THE SHOULD BE AMENDED AND CERTAIN ZONES SHOULD WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 84-85-35 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, 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 (40) 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 approved the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended 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 and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: LOT 9 IN BLOCK 2 OF THE "ENTERPRISE TRACT", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 89, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA. 84-85-35 LOT 10 IN BLOCK 2 OF THE ENTERPRISE TRACT, AS SHOWN ON A P4AP THEREOF RECORDED IN BOOK 4, PAGE 89, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. LOT 11, IN BLOCK 2 OF THE ENTERPRISE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 89, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 10 feet in width from the centerline of the alley and 63.25 feet in width along Broadway for street widening purposes. 2. That all engineering requirements of the City of Anaheim along the public alley to the north of subject property including preparation of improvement plans and installation of all improvements such as water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of 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 satisfactory completion of said improvements. Said security shall be posted with the City prior to approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. 3. That the existing curb and gutter shall be removed and reconstructed and that all engineering requirements of the City of Anaheim along Broadway, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of 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 satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits, to ~.a..... guarantee the installation of the above-required improvements at such time as requested by the City Engineer. 4. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. -2- 5. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That a covenant, providing for perpetual shared use of the parking, driveway and trash facilities for the three parcels comprising subject property, shall be submitted to the Planning Department and then be transmitted to the City Attorney's Office for review and approval. The approved agreement shall then be filed and recorded in the Office of the Orange County Recorder. 11. That street lighting facilities along Broadway shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 12. That all lockable pedestrian access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshal. 13. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 14. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential properties. -3- 15. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 16. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 17. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 10, 11, and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 6, 7, 9, 12, 13, 14, and 16, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of July, 1985. MAYOR OF THE CIT OF ANAHEIM ATTEST• TY CLERK OF THE CITY OF ANAHEIM JLW : fm 3986M 0726f~5 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-300 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on ~'` the 9th day of July, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-300 on the 9th day of July, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of July, 1985. ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHi, City Clerk of the City of Anaheim, do hereby certify that the foregoing 3s the original of Resolution No. 85R-300 duly passed and adopted by the Anaheim City Council on July 9, 1985. '~~~~ CITY CLERK