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84R-039 RESOLUTION NO. 84R -39 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. 83 -84 -14 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 approved 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: PARCEL 1: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. -1- 83 -84 -14 EXCEPTING THEREFROM ANY PORTION THEREOF LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A 1 -1/4 INCH IRON PIPE, WITH LICENSED SURVEYOR'S TAG NUMBER L. S. 2477 SET IN CONCRETE, SAID POINT BEING ON THE NORTH LINE OF SAID SOUTHWEST QUARTER, DISTANT NORTH 89 DEG. 43' 22" WEST, ALONG SAID NORTH LINE, 660.07 FEET FROM THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 0 DEG. 00' 19" WEST 1314.26 FEET TO A 1 -1/4 INCH IRON PIPE, TAGGED L. S. 2210, SAID PIPE BEING DISTANT NORTH 89 DEG. 36' 54" WEST 661.03 FEET FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN TRACT NO. 5053, AS SHOWN ON A MAP RECORDED IN BOOK 183, PAGES 34 TO 38 INCLUSIVE OF SAID MISCELLANEOUS MAPS, into the "RM- 3000" RESIDENTIAL, MULTIPLE - FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Alameda Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That prior to final tract map approval, appropriate park and recreation in -lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 4. 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 the City Council for each new dwelling unit. 5. That prior to final tract map approval, vehicular and pedestrian access rights to Alameda Avenue shall be dedicated to the City of Anaheim. -2- 6. That all engineering requirements of the City of Anaheim along Crescent Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, 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 final tract map approval or issuance of building permits, whichever occurs first, to guarantee the installation of the above- required improvements prior to occupancy. 7. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and /or circulation within the project. 8. That prior to final tract map approval, street names shall be approved by the City Planning Department. 9. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 10. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights -of -way shall be subject to the review and approval of the City Traffic Engineer. 11. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 12. That subject property shall be served by underground utilities. 13. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 14. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. -3- 15. That an ordinance rezoning subject property shall in no event become effective except upon or following the recordation of a final map within the time specified in Government Code Section 66463.5 or such further time as the Planning Commission or City Council may grant. 16. That the property owner shall landscape and record a covenant, as approved by the City Attorney's Office, agreeing to maintain the 3 -foot wide City owned parkway and the 15 -foot wide landscaped setback area adjacent to the north side of Alameda Avenue. 17. That street lighting facilities along Alameda 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 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 final tract map approval or issuance of building permits, whichever occurs first. The above - required improvements shall be installed prior to occupancy. 18. That this Reclassification is granted subject to the approval of Tentative Tract No. 12102. 19. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1257 to the Planning Department. 20. That a 6 -foot high masonry block wall shall be constructed along the easterly, westerly and northerly property lines, and along the southerly property line abutting the 15 -foot wide landscaped area adjacent to Alameda Avenue. 21. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 22. That General Plan Amendment No. 189 shall be adopted by the City Council. 23. That prior to issuance of building permits for each of the four phases, the property owner shall submit a vehicular circulation and street plan for review and approval by the City Traffic Engineer, Fire Department and Sanitation Division. -4- 24. That prior to approval of the final map the owner of subject property shall acquire and dedicate to the City of Anaheim additional right -of -way as determined to be necessary by the City Traffic Engineer, for street widening and street improvement purposes for property located north of subject property across Crescent Avenue. The owner of subject property shall further construct all necessary street improvements as required by the City Engineer and in accordance with plans on file in the Office of the City Engineer. 25. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 8. 26. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 15, 18 and 19, 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. 27. That prior to final building and zoning inspections, Condition Nos. 10, 11, 12, 14, 16, 22 and 24, above- mentioned, shall be complied with. 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 24th day of January, 1984. , MAYOR OF THE CITY OF ANAHEIM ATTEST: CIT CLERK OF TH CITY OF ANAHEIM JLW:fm 2104M 2/13/84 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -39 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of January, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -39 on the 24th day of January, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of January, 1984. CITY LERK OF THE CITY IF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -39 duly passed and adopted by the Anaheim City Council on January 24, 1984. CITY CLERK