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88-120RESOLUTION NO. 88R-120 A RESOLU%iON OF TIiE 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 THAI TIIE 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. 87-88-35 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 denying the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, ail interested party or the City Council, on its own motion, caused tile 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 Zoniug Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that tile 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 tire City Council of the City of Anaheim that the City Council does hereby declare and indicate its intentiou to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated itl the City of Anaheim, County of Orange, State of California, to wit: LOT 11 OF 'fRACT NO. 2780, AS SHOWN ON A MAP RECORDED IN BOOK 89, PAGES ll AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 87-88-35 LOT 12 OF TRACT NO. 89, PAGES 11 AND 12 COUNTY, CALIFORNIA. LOT 13 OF TRACT NO. 89, PAGES 11 AND 12 COUN2Y, CALIFORNIA. 2780, AS SHOWN ON A MAP RECORDED IN BOOK OF MISCELLANEOUS MAPS, RECORDS OF ORANGE LO2 14 OF TRACT NO. 89, PAGES 11 AND 12 COUNTY, CALIFORNIA. 2780, AS SHOWN ON A MAP RECORDED IN BOOK OF MISCELLANEOUS MAPS, RECORDS OF ORANGE LOT 15 OF 'IRACT NO. 89, PAGES 11 AND 12 COUNTY, CALIFORNIA. 2780, AS SHOWN ON A MAP RECORDED iN BOOK OF MISCELLANEOUS MAPS, RECORDS OF ORANGE LOT 16 OF TRACT NO. 89, PAGES 11 AND 12 COUNTY, CALIFORNIA, 2780, AS SHOWN ON A MAP RECORDED IN BOOK OF MISCELLANEOUS MAPS, RECORDS OF ORANGE into the Anaheim, 2780, AS SHOWN ON A MAP RECORDED IN BOOK OF MISCELLANEOUS MAPS, RECORDS OF ORANGE "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of subject to the following conditions: 1. That the frontage road (48 feet wide) and Teri Circle shall be abandoned and that ail engineering requirements of the City of Anaheim along Lincoln Avenue, including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and 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 said improvements. Said security shall be posted with the City prior to introductiou of an ordinance rezoning subject property, to guarantee the installation of the above-required improvements prior to occupancy. 2. That in the event a parcel map is not recorded combining the six existing lots and the abandoned portions of Teri Circle and Lincoln Avenue, the property owner/developer shall furnish the Zoning Division with a copy of a recorded covenant and agreement in a form approved by the City Attorney agreeing to hold subject property as one parcel. -2- 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 Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to tile 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 owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avenue in an amount as determined by the City Council. That prior to introduction of an ordinance rezoning subject property, the 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 provisions for sanitary sewer service shall be determined aud approved by the City Engineer. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4, 5 and 6, 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. 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. -3- BE [T FURTHER RESOLVED that the City Council o£ 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 thereo£, be declared invalid or unen£orceable by the final judgment o£ any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nul~ and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of March, 1988. MAYO~ CIT~Y F ANAHEIM ATTEST: JLW/jd 2357L 031788 -4- CLERK STATE OF CAL£FOR~iA ) 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. 88R-120 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on t~e 15t~ day of March, 198~, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL ~MBERS: COUNCIL b~MBERS: COUNCiL MEMBERS: Ehrle, Pickler and Bay Hunter and Kaywood None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-120 on the 25th day of March, 1988. IN WITNESS ~tEREOF, i have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of March, 1988. CITY CLERK OF THE CITY OF ANAHEIM- i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-120 duly passed and adopted by the Anaheim City Council on March 15, 1988. CITY CLERK OF THE CITY lYF ANAHEIM-