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72R-239 f- RESOLUTION NO. 72R-239 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 AMENDED AND THAT THE BOUND- ARIES OF CERTAIN 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 13th day of June , 19 72 , and continued to the -------- day of ---------------- , 19~, as the time, and the City Council Chambers Ln the City HaIr 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 receive 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: -1- 71-72-46 "'...,......,. Those portions of the Southeast one-quarter of the Southeast one-quarter of the Northwest one-quarter of Section 26, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map thereof recorded in Book 51, page 10 of Mis- cellaneous Maps, records of said Orange county, California, described as follows: PARCEL NO.1: The Easterly 100.00 feet of the Westerly 302.00 feet of the Southerly 160.00 feet thereof. PARCEL NO.2; Beginning at the Northwest corner of the land of Margaret L. Niquette, Westerly along the Westerly prolongation of the North line of the land of Niquette, a distance of 16.68 feet to a point in the East line of Spinnaker Street, as shown on a Map of Tract No. 3017, recorded in Book 138, page 15 of Miscellaneous Maps; thence Southeasterly and Southerly along the East line of said Spinnaker Street to its point of intersection with the center line of Orangewood Avenue, as shown on the Map of said Tract No. 3017; thence Easterly along said center line to the Southwest corner of the land of Niquette; thence Northerly along the West line of the land of Niquette, 160 feet to the point of beginning. be excluded from the R-A, AGRICULTURAL ZONE and incorporated in the R-3, MULTIPLE-FAMILY RESIDENTIAL ZONE, subject to the follow- ing conditions: 1. That street lighting facilities along Orangewood Avenue and Spinnaker Street 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 utilities; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owners of subject property shall pay to the City of Anaheim the sum of lSc per front foot along Orange- wood Avenue and Spinnaker Street for tree planting purposes. 3. That trash storage areas shall be provided in accordance 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 the Chief of the Fire Depart- ment. ,..- 5. That a 6-foot masonry wall shall be constructed along the east property line. 6. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by under- ground utilities. 8. That the owners of subject property shall 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. -2- ~ ... <~ Those portions of the Southeast one-quarter of the Southeast one-quarter of the Northwest one-quarter of Section 26, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map thereof recorded in Book 51, page 10 of Mis- cellaneous Maps, records of said Orange County, California, described as follows: PARCEL NO.1: The Easterly 100.00 feet of the Westerly 302.00 feet of the Southerly 160.00 feet thereof. PARCEL NO.2: Beginning at the Northwest corner of the land of Margaret L. Niquette, Westerly along the Westerly prolongation of the North line of the land of Niquette, a distance of 16.68 feet to a point in the East line of Spinnaker Street, as shown on a Map of Tract No. 3017, recorded in Book 138, page 15 of Miscellaneous Maps; thence Southeasterly and Southerly along the East line of said Spinnaker Street to its point of intersection with the center line of Orangewood Avenue, as shown on the Map of said Tract No. 3017; thence Easterly along said center line to the Southwest corner of the land of Niquette; thence Northerly along the West line of the land of Niquette, 160 feet to the point of beginning. be excluded from the R-A, AGRICULTURAL ZONE and incorporated in the R-3, MULTIPLE-FAMILY RESIDENTIAL ZONE, subject to the follow- ing conditions: 1. That street lighting facilities along Orangewood Avenue and Spinnaker Street 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 utilities; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owners of subject property shall pay to the city of Anaheim the sum of 15~ per front foot along Orange- wood Avenue and Spinnaker Street for tree planting purposes. 3. That trash storage areas shall be provided in accordance 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 the Chief of the Fire Depart- ment. ,.C"_~ 5. That a 6-foot masonry wall shall be constructed along the east property line. 6. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by under- ground utilities. 8. That the owners of subject property shall 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. -2- ~-<:,-"'-'" 9. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1 and 2, above mentioned, shall be completed. The provisions or rights granted by this resolu- tion 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. 10. That Conditions Nos. 3, 4, 5, 6 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. 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 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 13th day of June, 1972. ~~M ROTHE CI Y OF AN ElM ATTEST ~~~ C ' C E 1,F THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-239 was passed and adopted at a regular meeting of the City Council held on the 13th day of June , 1972 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the city of Anaheim approved and signed said resolution on the 13th day of Jane , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of June , 19~ -~ ~ Pr.l)~ CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-239 duly passed and adopted by the Anaheim City Council on June 13, 1972. WPH:kw -3- ~)~{~ City Clerk