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72R-559 RESOLUTION NO. 72R-559 ..,-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF N~AHEIM 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 did hold a public hearing in Reclassification proceedings No. 72-73-21 to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, 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 ~mEREAS, within a period of forty 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 a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and MIEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Plan- ning Commission the City Council did fix the 28th day of November, 1972, as the time, and the City Council Chambers in the City Hall of 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, hereinafter described, from the zone or zones in which it is now situated and the incorporation 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 Planning Commission, its report of findings and recommendation; and WHE&~AS, the City Council does find and determine that due to the existing alignment of Shakesgeare Street in the sub- division to the north, it would be virtually impossible to comply with either the 150 foot lot depth requirement or the 50 foot structural setback requirement adjacent to the freeway and, there- fore, the proposed 32 foot setback on Lot 28 is deemed to be reasonable; and .- ~~EREAS, the City Council does find and determine that the amenili~ent 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 P~SOLVED 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 following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- 72-73-21 ....- That portion of the South half of the Southwest quarter of the Northeast quarter of Section 12, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as shown on a map thereof recorded in book 51, page 10, Miscellaneous Maps, records of said Orange County, lying Westerly of the following described lines: Beginning at the Southeast corner of Tract No. 2767, as shown on a map thereof recorded in book 136, pages 21 to 23, Miscellaneous Maps, records of said Orange County, the Easterly line of said tract having a bearing of South 010 06' 43" West, thence South 010 010 36" West, 95.19 feet; thence South 040 14' 46" West, 539.40 feet to a tangent curve concave Westerly having a radius of 450.00 feet; thence Southerly along said curve, through an angle of 30 30' 47", an arc distance of 27.59 feet to the Southerly line of said Northeast quarter. EXCEPTING THEREFROM, however, the South 185.00 feet thereof, measured at right angles. ALSO EXCEPTING THEREFROM that portion deeded to the State of California by deed recorded July 16, 1968 in book 8659, page 698, Official Records. be excluded from the R-A, AGRICULTURAL ZONE, and incorporated in the R-l, ONE-FAMILY RESIDENTIAL ZONE, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That the owner(s) 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. 3. Prior to the introduction of an ordinance rezoning subject property, Condition No.1, 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 condition is complied with within one year from the date hereof or such further time as the City Council may grant. ~,...-,- 4. That subject property shall be developed substan- tially in conformance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 14 provided, however, that all lots along the north property line, except for Lot No. 28, shall be of one-story construction and that where garage setbacks are proposed at ten feet or less, three-car garages with automatic garage door openers shall be constructed as stipulated to by the petitioner; and, further provided, that Lot No. 28 shall have house plan No. 944, as stipulated by the petitioner. 5. That these Reclassification proceedings are granted subject to the approval and completion of Variance No. 2436 and Tentative Map of Tract No. 6569. -2- #- 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 28th day of November , 1972 . S;~THE~fi/<<1in. ATTEST ~. )zr j)~ CJ: CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF OEANGE SSe CITY OF ANAHEIM I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-559 was passed and adopted at a regular meeting of the City Council held on the 28th day of November , 1972 , by the following vote of the members thereof: - AYES: COUNCILMEN: Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Sneegas and Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 28th day of November , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of Novemb~, 1972 ~)(A7~ CIT CLERK OF THE CITY OF ANAHEIM (SEAL) L'- 1, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-559 duly passed and adopted by the Anaheim City Council on November 28, 1972. Q~ );t-j)~ City Clerk -3- WPH : kw