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1981-040RESOLUTION NO. 81R-40 A RESOLUTION OF THE CITY COi1NCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE - `~ 18 OF THE ANAHEIM P-1UNICIPAL COnE RELATING TO ZOtdING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOiJLn BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 80-81-17 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 apQroved 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: Parcel l: That portion of lot 6 in Kellogg Homestead Tract, West Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 8, page 51 of Miscellaneous Maps, records of Orange County, California, described as follows: Begin- ning at the northeast corner of said lot 6, thence southerly along the easterly line of said lot 6, 220.00 -1- 80-81-17 ATTY-I8-C feet to the true point of beginning of this description; thence north 89° 40' west, parallel with the north line of said lot 6, 190.00 feet; thence south 1° 07' 40" west parallel with the east line of said lot 6, 115.00 feet; thence south 89° 40' east, parallel with the north line of said lot 6, 190.00 feet to the east line of said lot 6; thence north 1° 07' 40" east 115.00 feet to the true point of beginning of this description; and be excluded from the "RS-A-43,000" RESIDENTIAL/AGRICULTURAL ZONE and incorporated in the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE, sub- ject to the following conditions: 1. That street lighting facilities along Nutwood Street shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; 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 in- stallation of the above-mentioned requirements prior to occupancy. 2. That the owners 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 Nutwood Street. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Depart- ment prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owners of subject property shall pay to the City of Anaheim the 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. 8. That the owners of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined __u__ by the City Council, for each new dwelling unit prior to the issuance of a building permit. 9. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1 and 2, 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 condi- tions are complied with within one year from the date hereof, or such further time as the City Council may grant. -2- 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 4. 11. That Condition Nos. 3, 5, 6 and 10, 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. BE IT FURTHER RESOLVED that the Anaheim City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the condi- tions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, anc~ 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 3rd day of February, 1981. ATTEST: ~.~~~~Ir~.~X.It1 ~Y G CIT CLERK OF THE ITY OF ANAHEIM J LW ; fm -3- """",~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) T, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-40 was. introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of February, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-40 on the 3rd day of February, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of February, 1981. I CITY CL RK OF THE CITY F 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. 81R-~+0 duly passed and adopted by the Anaheim City Council on February 3rd, 1981. _ f.J_ CITY CLERK ~~~