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88-142RESOLUTION NO. 88R-142 A RESOLUTION OF THE CITY COUNCIL OF THE CI]Y 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. (REHEARING) WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 87-88-24 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 granted 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, following receipt of evidence and testimony said public hearing, the City Council adopted its Resolution No. 88R-72 denying the proposed amendment; and at WHEREAS, thereafter within the time provided by law, the City Council did receive an application for a rehearing upon said determination which application for rehearing was subsequently granted by the City Council; and WItEREAS, at the time and place fixed for said rehearing, the City Council did duly hold and conduct such rehearing 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: 87-88-24 BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8 WITH 1HE SOUTHERLY PROLONGATION OF THE CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM, RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, THENCE NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID SOUTHERLY PROLONGATION INTERSECTION OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK SO PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14" WEST 351.68 FEET PARALLEL WITH SAID NORTHERLY LINE TO THE EASTERLY LINE OF SAID TRACT NO. 1775; THENCE SOUTH 1 DEG. 16' S4" EAST 835.16 FEET ALONG SAID EASTERLY LINE TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89 DEG. 31' 00" EAST 333.59 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING· EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS 1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70691, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF SAID OFFICIAL RECORDS, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Muller Street for street widening purposes. That street lighting facilities along Lincoln Avenue and Muller Street 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 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 owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avenue and Muller Street in an amount as determined by the City Council. -2- 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 prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 4, 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.. 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 April, 1988. MAYO~C~IT~T~NAHEiM ATTEST: CITY CLERK OF THE CITY JLW/jd 2400L 041188 OF ANAHEIM -3- CLEPdi STATh OF CALIFO~£A ) COUNTY OF ORANGE ) ss. CITY OF ~AHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the ioregoing Resolution No. 88R-142 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of April, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-142 on tile 13th day of April, 1988. IN WITNESS WNEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of April, 1988. CITY 0 (SEA~) i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-142 duly passed and adopted by the Anaheim City Council on April 5, 1988. CITY CLERK OF THE CITY OF ANAHEIM