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70R-202 -, RESOLUTION NO. 70R-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM tINDING AND DETERMINING THAT TITLE 18 OF THE ~AHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND~ ARIES OF CEkTAIN ZONES SHOULD BE CHANGED. WHEREAS~ the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution recommending denial of a change in the boundaries of the zone or zones hereinafter mentioned and described, after having fixed a time and place for the holding of a public hearing thereon in the manner and as prescribed in Title 18 of the Anaheim MUnicipal Code, and after having duly held and conducted such public hearing to consider said proposed change of zone or zones, and after having received evidence and reports from persons interested therein; and WHEREAS~ within a period of forty (40) days following the hearing thereon, the Planning Commission did duly announce by formal resolution its findings of facts and declare its opinions and reasons for recommending denial of said proposed change in the boundaries of the zone or zones hereinafter mentioned and described; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission, the City Council did fix the 21st day of , Apr:i 1 , 19 70 , as the time, and the City Council Cham- Ders in the CIty Hall in the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, here- inafter described, from the zone in which it is now situated and the incorporation thereof in the zones hereinafter set forth; and did give notice thereof in the manner and form as provided in said Title 18 of said Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hear- ing and did give all persons interested therein an opportunity to be heard and did receiy~ evidence and reports and did there- upon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendations~ and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 or zones as hereinafter set forth. NOW" THEREFORE ~ BE IT RESOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municipal Code be, and the same is hereby amended, and that all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows~ ~l- 69-70-45 PlmCEL A ~, That portion of Lot 6 of Kellogg Homestead Tract, as shown on a Map thereof recorded in Book 8, page 51, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of said Lot 6, said North- east corner being the intersection of the center line of e1e street 40.00 feet in width, now known as Nutwood Avenue, adjoining said Lot 6 on the East with the center line of the street, 60 feet in width, now known as Ball Road, ad- joining said Lot 6 on the North; thence Southerly along the Easterly line of said lot, 250 feet; thence North 890 40' West parallel with the North line of said lot, 200 feet; thence North 10 07' 4011 East parallel with the Easterly line of said lot, 250 feet to the center line of Ball Road, thence Easterly along the Northerly line of said lot, 200 feet to the point of beginning; EXCEPTING THEREFROM that portion included in Fairview Ave- nue (now Ball Road) on the North and in Kellogg Road (now Nutwood Street) on the East as shown on said map. ALSO EXCEPTING THEREFROM the Westerly 60 feet and the Southerly 77 feet. PARCEL B The Westerly 60 feet and the Southerly 77 feet of e1at portion of Lot 6 of Kellogg Homestead Tract, as shown on a Map thereof recorded in Book 8, page 51, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of said Lot 6, said North- east corner being the intersection of the center line of the street 40.00 feet in width, now kn~~n as Nutwood Avenue, adjoining said Lot 6 on the East with the center line of the street, 60 feet in width, now known as Ball Road, ad- joining said Lot 6 on the North i thence Southerly along the Easterly line of said lot, 250 feet; thence North 890 40' West parallel with the North line of said lot, 200 feet; thence North 10 07 I 40 II East parallel with the Easterly line of said lot, 250 feet to the center line of Ball Roadi thence Easterly along the Northerly line of said lot, 200 feet to the point of beginning; EXCEPTING THEHEFROM that portion included in Fairview Avenue (now Ball Road) on the North and in Kellogg Road (now Nutwood Street) on the East as shown on said map. Parcels A and B be excluded from R-A, AGRICULTURAL ZONE and incorporated in C-1 GENERAL COMMERCIAL ZONE, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Nutwood Street and Ball Road, including preparation of improvement plans, and installation of all ~mprove- ments, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of -2- --",,,,,,,.,,,,, =".._,-=~.~.._,.~ the City Engineeri and that street lighting facilities along Nutwood Street and Ball Road shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the Office of the Director of Public Utili- ties; and that a bond in an amount and form satisfac- tory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 159 per front foot along Nutwood Street and Ball Road for tree planting purposes. 3. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Director of Public Works. 4. That fire hydrants shall be installed as required and determined to be necessary by e1e Chief of the Fire Department. 5. That a 6-foot masonry wall shall be constructed along the south property line. 6. That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County r~corder. 7. That subject property shall be served by underground utilities. 8. That all air-conditioning facilities shall be properly shielded from view. 9. That any parking area lighting proposed shall be down- lighting of a maximum height of 6 feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 10. Prior to the introduction of an ordinance rezoning sub- ject property, Conditions Nos. 1 and 2, above-mentioned shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Council may grant. 11. That Conditions Nos. 3, 4, 5, 6, 7, 8 and 9 above- mentioned shall be complied with prior to final building and zoning inspections. 12. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel, provided, however, that the word "parce1H shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim -3- -..,.",_.,_...-..,"-~-,"."._- Municipal Code to accomplish the objects herein found and determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of April, 1970. ATTEST: ~i '---L A CL..:.--.- . t' ... .. __LZI, v<i j L. ~.,~ CIT CLERK OF THE~TY OF ANAHEIM STATE OF CALIFOffi~IA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I. DENE M. WILLIM~S. City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 21st day of April, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COUNCIL~mN: None ABSENT~ COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of April, 1970. IN WITNESS WHEREOF. I have hereunto set my hand and affixed ~le seal of the City of Anaheim this 21st day of April, 1970 . ~rn?fo?~ ANAHEIM ( SEAL) I, DENE hereby certify that 70R-202 duly passed April 21, 1970. M. WILLIAMS, City Clerk of the City of Anaheim, do the foregoing is the original of Resolution No. and adopted by the Anaheim City Council on ~.L )r. 7d:;/-. - ~..-c/ City Clerk -4- F AL : j 1 5/19/70 .._,~",._- ,.,.,. ''''~..___...d. ~