91-310 RESOLUTION NO. 91R-310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE
BOUNDARIES 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. 91-92-7 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:
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 107, PAGES 36 AND 37 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
RECLASS #91-92-7
PARCEL B: THE SOUTH 400.00 FEET OF THE NORTH
436.00 FEET OF LOT 2 IN BLOCK A OF TRACT NO.
13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: LOT 2 IN BLOCK A OF TRACT NO. 13, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE
12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 436.00 FEET THEREOF.
PARCEL D: THE WEST 97.0 FEET OF THE EAST
204.00 FEET OF THE SOUTH 320.00 FEET OF LOT 1
IN BLOCK A OF TRACT NO. 13, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY,
into the "RM-2400" RESIDENTIAL MULTIPLE-FAMILY ZONE of the city of
Anaheim, subject to the following conditions:
1. That street lighting facilities along Lincoln Avenue shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the office of the
Utilities General Manager; or 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 the introduction of
an ordinance rezoning subject property. The above-required
improvements shall be installed prior to occupancy.
2. That the legal owner of subject property shall provide the
City of Anaheim with a five (5) foot wide public utility
easement along the south and south portions of the west
property line as required by the Electrical Engineering
Division.
3. That a fee for street tree purposes shall be paid to the city
of Anaheim based on the length of street frontage along
Lincoln Avenue in an amount as established by City Council
resolution.
4. That a covenant shall be recorded with the Office of the
Orange County Recorder agreeing to provide the buyer of each
dwelling unit with written information obtained from the
school district(s) pertaining to possible overcrowded
2
RECLASS # 91-92-7
conditions and busing status of the school(s) serving the
dwelling unit. A copy of the covenant shall be submitted to
and approved by the city Attorney prior to recordation. A
copy of the recorded covenant shall be submitted to the Zoning
Division.
5. That completion of these reclassification proceedings is
contingent upon approval of General Plan Amendment No. 323 by
the City Council.
6. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration,
Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be
completed. The City Council may approve or disapprove a
zoning ordinance at its discretion. If the ordinance is
disapproved, the procedure set forth in Anaheim Municipal Code
Section 18.03.085 shall apply. 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 (1) year from the date of this
resolution, or such further time as the Planning Commission
may grant.
7. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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 5th day of November, 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R3491310.12
120991
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~ECLAS S #91-92-7
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. 91R-310 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEHBERS~ None
AND I FURTHER certify that the Mayor of the city of Anaheim signed said
Resolution No. 91R-310 on the 6th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of November, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-310 duly passed and adopted
by the City Council of the City of Anaheim on November 5, 1991.
CITY CLERK OF THE CITY OF ANAHEIM