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RES-1989-032RESOLUTION NO. 89R-32 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. 88-89-33 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 granting 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: 88-89-33 ALL THAT CERTAIN LAND SITUATED IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 8, 474.67 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, 238 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, 168.15 FEET, MORE OR LESS TO A POINT 306.92 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE 183.02 FEET TO A POINT 123.90 FEET, NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 822 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER 367.63 FEET TO THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 8; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID 25 ACRE TRACT OF LAND 822 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE OF THE NORTHWEST QUARTER 16 FEET, MORE OR LESS TO THE POINT OF BEGINNING, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: I · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land twenty seven (27) feet in width from the centerline of the street along Gramercy Avenue including a fifteen (15) foot radius corner return at Valley Street for street widening purposes. · That the vehicular access rights to Brookhurst Street shall be dedicated to the City of Anaheim. · That a fee shall be paid to the City of Anaheim for street lighting along Valley Street in an amount as established by City Council resolution. · That a fee shall be paid to the City of Anaheim for tree planting along Valley Street, Gramercy Avenue and Brookhurst Street in an amount as established by City Council resolution. -2- 88-89-33 · · · · · That street lighting facilities along Brookhurst Street and Gramercy Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of 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. That the legal owner of subject property shall dedicate a five (5) foot wide public utility easement along the westerly leg of the north property line. Said easement shall be to the satisfaction of the City Electrical Engineering Division. Proof of recordation of said easement shall be submitted to the Zoning Division. That prior to introduction of an ordinance rezoning subject property, 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 submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be furnished to the Zoning Division. 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. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 8, above-mentioned, shall be completed· 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 of this resolution, or such further time as the Planning Commission may grant. -3- 88-89-33 10. 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. 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 7th day of February, 1989. CITY CLERK OF THE IM JLW: db 2930L 020989 -4- 88-89-33 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 Resolution No. 89R-32 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of February, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: Daly and Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-32 on the 13th day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of February, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the oziginal of Resolution No. 89R-32 duly passed, and adopted by the Anaheim City Council on February 7, 1989. CITY CLERK OF-THE C{TY---O~