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1974-444ATTY 18 -C (Page 1 of 1 page) RESOLUTION NO. 74R -444 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 did hold a public hearing in Reclassification Pro- ceedings No. 74 -75 -2 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 WIIEREAS, 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 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 10th day of Sepf 19 74, and continued to the day of 1 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 incor- poration 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 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 the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1- 74 -75 -2 The West 132 feet of Lot 21 of Tract No. 498, Berger Half Acres, as shown on a Map recorded in Book 19, page 24 of Miscellaneous Maps, records of Orange County, California, together with any right, title or interest grantors may have in and to any well or pumping plant situa- ted on lots 3 and 22 of the above mentioned Tract No. 498. Parcel 1: Lot twenty -two Acres as per at Page 24, of Orange County, plant thereon. Parcel 2: (22), Tract No. 498, "Berger Half map thereof recorded in Book 19, Miscellaneous Maps, records of together with the well and pumping Lot three (3), Tract No. 498, "Berger Half- Acres as per map thereof recorded in Book 19, at Page 24, of Miscellaneous Maps, records of Orange County, together with the well and pumping plant thereon. be excluded from R -A, AGRICULTURAL ZONE, to C -1, GENERAL COMMERCIAL ZONE, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Mountain View Avenue including preparation of improvement plans and installation of all improvements 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 the City Engineer; that street lighting facilities along Mountain View Avenue 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 satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along Mountain View Avenue 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 and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 6. That subject property shall be served by under- ground utilities. -2- 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 9. That a 6 -foot masonry wall shall be constructed along the east and south property lines. 10. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That any parking area lighting proposed shall be downlighting 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. 12. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, and 8, 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 one year from the date hereof, or such further time as the City Council may grant. 13. That Conditions Nos. 3, 5, 6, 7, 9, and 11, 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 s; gned by me this 10th day of September, 1974. ATTEST: MAYO 2 )-27 A�ct �2 6' /e CITY CLERK OF THE CITY OF ANAHEIM FAL:jh -3- HE Y OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -444 was passed and adopted at a regular meeting of the City Council held on the 10th day of September, 1974, by the following vote of the members thereof: AYES: COUNCIL i1EMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of jhe City of Anaheim approved and signed said Resolution No. 74R -444 on the 10th day of September, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of September, 1974. (SEAL) e� rat, 27 7 =e-e -r .z CITY CLERK OF THE CITtOF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -444 duly passed and adopted by the Anaheim City Council on September 10, 1974. City Clerk