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5035ORDINANCE NO. 5035 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the Planning Commission heretofore held a duly noticed public hearing and, as a result thereof, did adopt its Resolution No. PC88-295 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made; and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying that certain property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: THE NORTH 55 FEET OF THE WEST 198 FEET OF THE WEST ONE HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THAT PORTION LYING WITHIN ACACIA STREET, into the "RM -2400" RESIDENTIAL ZONE, subject to the following conditions: 1. That a fee shall be paid to the City of Anaheim for street lighting along Acacia Street in an amount as determined by City Council resolution. 2. That a fee shall be paid to the City of Anaheim for tree planting along Acacia Street in an amount as determined by City Council resolution. 3. 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 City Council resolution. Reclass No. 88-89-13 4. That prior to issuance of a building permit, a cash payment shall be made to the City of Anaheim for the cost of the removal of existing street improvements along Acacia Street and reconstruction/construction of full street improvements at the ultimate location. S. 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. 6. That the driveway shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 7. That subject property shall be served by underground utilities. 8. That gates shall not be installed across the driveway or in a manner which may adversely affect vehicular.traffic in the adjacent public street. Installation of any gates shall conform to the Engineering Division's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 9. That a site plan, indicating satisfactory building orientation relative to on-site powerlines, shall be submitted to the Electrical Utilities Division for review and approval. 10. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 11. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 12. That all air conditioning facilities and other roof and ground -mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 13. That the proposal shall comply with all signing requirements of the RM -2400 "Residential, Multiple Family" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 14. That the on-site landscaping shall be maintained in compliance with City standards. 15. That prior to issuance of a building permit, the legal property owner shall prepare and record an unsubordinated covenant limiting occupancy of each apartment unit to no more than two (2) persons (other than children under the age of two (2) years) per bedroom. Said limitation shall be included in each lease/rental agreement. A copy of the covenant shall be -2- Reclass. No. 88-89-13 submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be furnished to the Zoning Division. 16. That a covenant shall be recorded agreeing to provide the renter of each dwelling unit with written information obtained from the School District(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. 17. 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. 18. That prior to issuance of a building permit, Condition Nos. 1, 2, 3, 4, S, 8, 9, 15 and 16, 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. 19. That prior to final building and zoning inspections, Condition Nos. 6, 7, 10, 11, 12 and 17, above-mentioned, shall be complied with. 20. 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 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. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the property above-described shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -3- Reclass. No. 88-89-13 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20thday of June, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG:kh 3160L -4- Reclass. No. 88-89-13 CLERK 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 Ordinance No. 5035 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of June, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of June, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5035 on the 21st day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of June, 1989. 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 Ordinance No. 5035 and was published once in the Anaheim Bulletin on the 30th day of June, 1989. CITY CLERK OF THE CITY OF' ANAHEIM