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71R-364 . ,...--... . RESOLUTION NO. 71R-364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMEND- ED AND THAT THE BOUNDARIES OP CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceed- ings No. 70-71-55 to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, and to consider a ahanqe in the boundaries of the zone or Zones hereinafter men- tioned 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 days following said hearing, the Planning Commission did duly adopt a resolution containing a repor~ of its findings, a summary of the evidence presented at said hearing, and a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be chanqed as hereinafter set forth: and WHEREAS, upon receipt of said resolution, summary of evidence, report of findin9s and recommendation of the City Plan- ninq Commission the City Council did fix the ~ day of A~aust 19~, as the time, and ~he City Council Cham6erS in the C1ty Barr-of the City of Anaheim as the place for a public hearing upon said proposed amendmen~ to Ti~le 18 of the Anaheim Municipal Code,' and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incorpora- tion thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form provided in said Title 18 of the Anaheim Municipal Code: and WHEREAS, at the time and place fixed for said public hearing the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planninq Commission, its report of findings and recom- mendation; 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. THEREPORE, 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 the followinq des- cribed property, situated in the City of Anaheim, County of Oranqe, State of California, to wit: -1- 70-71-55 Parcel l: ....- Lots 1 to 13 inclusive of the "Adobe Wall. 'Vineyard", as shown on a Map filed in Case No. 19'78 of the .S.eventeenth Judicial District Court in and for the County of Los Angele"s, and marked thereon as "Diagram C". parc.el 2: That portion of the land allotted to prudencio Yorba according to a map attached to and made a part of the Decree of Partition of t.he Rancho Canon de Santa Ana in the City of Anaheim, County of Orange, State of California rendered in Case No. 1978 of the 17th Judicial District Court of California, a certified copy of which is recorded in Book 28, page 158 of Deeds, in the Office of the County Recorder of Los Angeles County, located in the County of Orange, State of California, Beginning at the most southeasterly corner of said allot- ment, said point being Station 7 of said prudencio Yorba's first class land; thence North 780 00' 00'" West along the southerly line of said allotment to Station 6; thence North 20 45' 00" East along the westerly line of said allotment to Station 5; thence East to Station 4; said Station being on the southwesterly line of the Adobe Wall Vineyard in said Rancho; thence South 240 45' 00" East. to Station 3; being the southwest corner of said Adobe Wall Vineyard, thence North 690 45' 00" East. along the southeasterly line of said Adobe Wall Vineyard to Station 2; being the most easterly corner of said Adobe Wall Vine- yard; thence East along the northerly line of said Allot- ment to Station 1; thence South along the easterly line of said Allotment to Station 9; thence South 860 15' 00" West t.o Station 8; thence South 50 00' 00'" We.st along the easterly line of said Allotment to the point. of beginning. EXCEPT the 20.00 foot strip of land conveyed t.o Prudencio Yorba by Deed recorded July 27, 1914, in Book 253,. page 343 of Deeds. ALSO EXCEPT that portion thereof described as fo11ows: Beginning at the northwesterly corner of the 0.50 acre parcel described in the Deed to Yorba Irriqation Company recorded April 28, 1925, in Book 574, page .345 of Deeds; thence North 730 34' 001f West 34.21 feet alonq the west.er- 1y prol.ongation of the northerl.y l.ine of said 1andr thence South 10 22' 05" West 472.20 feet to the northerly line of Placen~ia-Yorba Road as described in ~he Deed recorded January 6, 1916, in Book 280, page 151 of Deeds~ thence South 780 10' 20" East 305.64 feet along said northerly line to the southerly prolongation of the east.erly line of the 1.00 acre parcel described in the Deed to Yorba Irrigation Company recorded April 15, 1914, in Book 245, paqe 135 of Deeds; thence North 50 OQ' 00" East 440.26 feet along said prolongation and said easterly line to the northeast corner of said 1.00 acre parcel; thence North 730 34' oon West 305.92 feet to the point of begin- ning. ALSO EXCEPT all the land not included within the Yorba Annexation No. l16 per Ordinance No. 17"77 recorded .in Orange County, August 13, 1964. -2- ALSO EXCEPT therefrom a strip of land 120 feet in width the southerly line being described as the northerly line of the Atchison, Topeka and Santa Fe Railroad right of way as described in a Deed recorded July 6, 1908, in Book l58, page 355 of Deeds. ALSO EXCEPT any portion thereof lying within the Santa Fe Railroad as described in a Deed recorded July 6, 1908, in Book 15'8, page 355 of Deeds of Orange County. Parcel 3: That portion of the land allotted to Ynez .Yorba de Cota according to a map attached to and made a part of the Decree of Partition of the Rancho Canon de Santa Ana in the City of Anaheim, County of Orange, State of California rendered in Case No. 1978 of the l7th Judicial District Court of California, a certified copy of which is recorded in Book 28, page l58 of Deeds, in the Office of the County Recorder of Los Angeles County, located in the County of Orange, State of California. Beginning at Station 5 at the northwest corner of the first class land allotted to prudencio Yorba in said Rancho; thence North 690 45' 00" West 138.00 feet;. thence South lO 35' 30" West 1172.98 feet to the southerly line of Placentia-Yorba Road as described in the Deed recorded January 6, 1916 in Book 280, page 151 of Deeds; thence South 780 18' 00" East along said southerly line to a line which bears South 10 35' 30" we.st from the point of begin- ning; thence North 10 35' 30" East to the point of begin- ning_ EXCEPT THEREFROM a strip of land 120 feet .in width, the southerly line be.inq described as the northerly line of the Atchison, Topeka and Santa Fe Railroad right of way as described in a Deed recorded July 6, 1908, in Book 158, page 355 of Deeds. ALSO EXCEPT that portion thereof described as follows: Beginning at said Station 5; thence North 690 45' 00" West l38.00 .feet; thence South 10 35' 30" West 75.80 feet;. thence easterly in a direct line to the point of beginning. be excluded from the R-A, AGRICULTURAL ZONE and the COUNTY OF ORANGE Al, GENERAL AGRICULTURAL DISTRICT and incorporated in the R-2, MULTIPLE-FAMILY RESIDENTIAL ZONE, subject to the following condi~ions: ,..--. 1. That a final tract map of subject property shall be submitted to and approved by the City Gouncil and then be recorded in the office of the Orange County Recorder. That these reclassification proceedinqs are granted subject to the completion of annexation of SUbject property to the City of Anaheim. 2. 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. -3- 4. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. ...i~. 5. That a 6-foot masonry wall shall be constructed on the west and northwest (adjacent to the school property) lines; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of a 6-foot masonry wall along the northeast .and east property lines. 6. That all air conditioninq facilities shall be properly shielded from view, and the sound buffered from adja- cent properties. 7. That subject property shall be served by unde~qround utilities. 8. That the interior walls of the proposed carports shall be stuccoed; that enclosed storage cabinets shall be provided along the rear wall of each carport; and that adequate bumper guards shall be provided to pro- tect the interior walls of the proposed carports from damage. 9. That the owners of subject property sha.ll pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, above. men- tioned, 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 one year from the date hereof, or such further time as the City Council may. grant. 11. That Conditions Nos. 3, 4, 5, 6, 7 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. 12. That the completion of these reclassification proceedings is contigent upon the granting of Variance No. 2268 and Tentative Map of Tract No. 7416, Revision No.1. 13. Prior to filing of ~he final trae~. map, tha appli- cant shall submit to the city Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation, including but not l~ited to the articles of incorporation, by- laws, proposed rules and regulations, methOds of operation, funding, assessment, methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its. citizens, and the purchasers of the project. 14. That the covenants , conditions, and restr.ictions shall be subject to and approved by the city Attorney's -4- office prior to City Council approval of the .final tract map, and, further, that the approved covenants, conditions, and restrictions shall. be recorded con- currently with the final tract map. Included in the CC&Rs shall be the provisions that the community asso- ciation and/or the individual owners shall have the responsibility to have the trash containers placed at the curbs of all public streets for pick-up. 15. That the developers of subject property shall provide along the we.st property line ad j acent .to the estab- lished R-l homes, either single-family homes or in lieu thereof, a 20-foot densely landscaped strip of land which shall be in addition to the required rear yard, in order to provide an adequate buffer strip between the apartment. comple.x and the sing-Ie-family homes. 16. That plans for the development of duplexes, proposed for the westerly portion of the property, shall be submitted to and approved by the Planning Commission prior to the issuance of a building permit, as stipu- lated to by the petitioner. 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 amendinq Title 18' of the Anaheim Municipal Code to accomplish the objects herein found and dete~ined to be necessary and proper. this THE POREGOING RESOLUTION 17th day of August is approved and signed. by me , 19.71 . ,\ ~ tfl~ ~lrr'irE' C'TY OF' . ~ ' ' ~ ATTES.T: ~ & ~ )x, ..~ C CLERK OF THE CITY OF ANAHEIM -"".-.,.. -5- WPH : kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) ...........,. I, DENE M. DAOUST, City Clerk o~ the city of Anaheim, do hereby certify that the' foreqoing Resolution No. 71'R-'3'64 was passed and adopted at a regular meeting of the City Council held on the 17th day of Auqust , 19" '71, by 'the following vote of the members the'reof; --- AYES: COUNCILMEN: Roth, Stephenson, Pebley and Du't"bon NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of t.he Cit.y of Anaheim approved a.nd signed said resolution on the'.- l'7.th day of August. , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City'of Anaheim this 17th day of Auqus:t. , 19' 71 . ~~& hi. c . OF THE ~ ~F AHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 7lR-364 duly passed and adopted by the Anaheim City Council on August 17, 1971. ~ )x_jJ~~~~~ City Clerk ---....