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95-082 RESOLUTION NO. 95R~2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 90-3 (CYPRESS CANYON) AND AMENDING RESOLUTION NO. 92R-66 ACCORDINGLY WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council has heretofore adopted Resolution No. 92R-66 adopting Specific Plan No. 90-3 for certain real property described therein and referred to as Cypress Canyon; and WHEREAS, the City of Anaheim has received an application to amend Specific Plan No. 90-3 and the conditions of approval as set forth in Resolution No. 92R-66; and WHEREAS, the City Council did hold a public hearing upon said application, notice of which hearing was given in the manner required by law; and WHEREAS, the City Council, after due consideration of all evidence, testimony and reports offered at said public hearing does hereby find with respect to said proposed amendment that: 1. The property covered by the specific plan, as amended (the "Plan") has unique site characteristics including topography, location and surroundings which will be enhanced by the special land use and development standards of the Plan; 2. The Plan is consistent with the goals and policies of the General Plan and with the purposes, standards and land use guidelines therein; 3. The Plan will result in development of a desirable character which will be compatible with existing and proposed development in the surrounding area; 4. The Plan contributes to a balance of land uses; and 5. The Plan respects environmental and aesthetic resources consistent of economic realities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim hereby approves the amendment of Condition No. 2 of Resolution No. 90-3 (Cypress Canyon), to read as follows: That within sixty (60) days of the adoption of an ordinance amending the Cypress Canyon Specific Plan and prior to the submittal of the final map for Parcel Map No. 94-205, the property owner/developer shall: a. Record an unsubordinated covenant, in a form approved by the City Attorney, against the entire Cypress Canyon property acknowledging that those conditions of approval set forth herein which require completion of certain tasks prior to either submission or approval of the first tentative or final parcel or tract map, excluding Parcel Map No. 94-205, are tied to said maps for purposes of carrying out completion of the purposes of the Specific Plan and are not necessarily based upon the content of said first map. The covenant shall further provide that the property owner/developer shall waive for itself, its successors and assigns, any objection to imposition of said conditions upon the first tentative or final tract or parcel map, excluding Parcel Map No. 94-205, which may otherwise be asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act; and, b. Record an unsubordinated covenant, in a form approved by the City Attorney, against Parcel 1 of Parcel Map No. 94-205 requiring the property owner/developer to participate and to waive for itself, its successors and assigns, any objection to participate in the implementation of all conditions of approval and mitigation measures requiring the completion of certain tasks prior to either submission or approval of the first tentative or final parcel or tract map. The property owner/developer shall participate in the implementation of said conditions to the extent that the condition affects or addresses the ultimate development of the area encompassed by Parcel Map No. 94-205. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 92R-66 and Specific Plan No. 90-3 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of May, 1995. ATTEST:_ CITY CLERK OF THE CITY OF ANAHEIM 12146.1\J%;HITE\Ma¥ 23, 1995 2 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. 95R-82 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of May, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None ABSTAINED: MAYOR/COUNCIL: T ait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R~82 on the 23rd day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of May, 1995. 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. 95R-82 was duly passed and adopted by the City Council of the City of Anaheim on May 23rd, 1995. CITY CLERK OF THE CITY OF ANAHEIM