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1982-383RESOLUTION NO. 82R -383 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 Proceedings No. 81 -82 -18 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 men- tioned 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 amendment to Title 18 of the Anaheim Municipal Code should he 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 de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- L-3 1 - 1 1pZ F: ATTY -I8 -C The portion of the northeast quarter of the northwest quarter of section 13, in township 4 south, range 11 west, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, as said section is shown on a map recorded in book 51, page 11, Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the northeast corner of the northwest quarter of said section 13, and running thence south 89 degrees 41' 15" west along the north line of said north- west quarter, 727.91 feet to the northwest corner of the land of Orville L. Matteson and wife, as described in the first description of that certain Decree quieting title, a certified copy of which was recorded October 15, 1963 in book 6762, page 263, Official Records of said Orange County; thence south 0 degree 13' 18" east along the west line of said land, 598.55 feet to the southwest corner of said land; thence along the south line of said land of Matteson, and its easterly prolongation north 89 degrees 41' 15" east 474.17 feet to the true point of beginning of the boundary of the land described herein; thence south 0 degrees 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 27 feet; thence north 89 degrees 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 38 feet; thence north 0 degrees 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 20 feet; thence north 89 degrees 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 87.83 feet; thence south 0 degrees 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 89.78 feet; thence north 89 degrees 41' 15" east paral- lel with the easterly prolongation of the south line of said land of Matteson, 127.64 feet, more or less, to the east line of said northwest quarter of section 13; thence along said east line, north 0 degrees 11' 45" west 96.78 feet to its intersection with the easterly prolongation of the south line of said land of Matteson; thence along said prolonged line, south 89 degrees 41' 15" west 253.47 feet, more or less, to the true point of beginning. WWI Commencing at the northeast corner of the northwest quarter of said section 13, and running thence south 89 degrees 41' 15" west along the north line of said north- west quarter, 727.91 feet to the northwest corner of the land of Orville L. Matteson and wife, as described in the first description of that certain decree quieting title, a certified copy of which was recorded October 15, -2- 1963 in book 6762, page 263, Official Records of said Orange County; thence south 0 degrees 13' 18" east along the west line of said land, 598.55 feet to the southwest corner of said land; thence along the south line of said land of Matteson, and its easterly prolongation, north 89 degrees 41' 15" east 474.17 feet; thence south 0 degrees 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 27 feet to the true point of beginning of the boundary of the land described herein; thence north 89 degrees 41' 15" east parallel with said easterly prolongation of the south line of the land of Matteson, 38 feet; thence north 0 degrees 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 20 feet; thence north 89 degrees 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 87.83 feet; thence south 0 degrees 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 89.78; thence south 89 degrees 41' 15" west parallel with the easterly prolongation of the south line of said land of Matteson 125.83 feet thence north 0 degrees 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 69.78 feet to the true point of beginning, be reclassified and incorporated in the "RM -1200" RESIDENTIAL, MULTIPLE - FAMILY ZONE of the City of Anaheim, subject to the follow- ing 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 centerline of the street along Dale Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Dale Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, side- walks, 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; that street lighting facilities along Dale Avenue shall be installed as required by the Office of the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and 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 prior to issuance of building permits. The above - required improve- ments shall be installed prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Dale Avenue. -3- 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Department 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. 8. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as de- termined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 10. That appropriate water assessment fees as determined by the Office of the Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That said residential units shall be sprinklered in ac- cordance with the recommendation of the Fire Chief prior to final building and zoning inspections. In the event the property to the north develops with joint access to subject property, this condition shall be waived at the time building permits are issued for the north parcel. 12. That the trash storage area shall be relocated to the front of the proposed apartment building and shall be appropriately screened by landscaping from Dale Avenue prior to final building and zoning inspection. In the event the property to the north develops with joint access to subject property, this condition shall be waived at the time building permits are issued for the north parcel. 13. 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. 14 That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. -4- 15. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, above - mentioned, shall be com- pleted. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 16. That Condition Nos. 4, 6, 7, 11, 12, and 14, above - mentioned, shall be complied with prior to final building and zoning inspections. 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 20th day of July, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE VITY OF ANAHEIM JLW : fm 8 -20 -82 0073M -5- 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. 82R -383 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of July, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R -383 on the 20th day of July, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of July, 1982. CITY CLERK OF THE CIT OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R -383 duly passed and adopted by the Anaheim City Council on July 20, 1982. �i .� .