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1973-042 ,~~ .^ "W RESOLUTION NO. 73R-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHED1 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. 72-73-29 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 WHEREAS, 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 6th day of February , 19 73, and continued to the ---- day of -------, 19 ---, as the time, and the City Counc1l Chambers in the City Harr-Qf 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- 72-73-29 That portion of Lot 28 of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shown on Map of Survey made by William Hamel in 1868 and filed for record in Los Angeles County, a copy of which is filed in the office of the County Recorder of Orange County, on pages 163 et seq. of Book 3, entitled Los Angeles County Maps, described as follows: Beginning at the southeast corner of said Lot 28, said corner being the intersection of the north line of Ball Road with the westerly line of Palm Street as said streets are shown bounding said Lot 28 of the South and East respectively; thence along the southerly line thereof South 890 46' 30" West 311.96 feet to the inter- section thereof with the center line of Harbor Boulevard as granted to the County of Orange by deed recorded March 28, 1930 in Book 372 page 67 of Official Records; thence along said center line North 110 07' 30" East 158.48 feet; thence parallel with the southerly line of said Lot 28 North 890 46' 30" East 257.52 feet to a point on the easterly line of said Lot 28, said easterly line being the westerly line of said Palm Street; thence along the easterly line of said Palm Street South l50 46' 50" East 161.29 feet to the point of beginning. Except that portion thereof, described as follows: Beginning at the intersection of the westerly prolonga- tion of the North line of said Ball Road with the inter- section of the center line of said Harbor Boulevard, thence along said westerly prolongation of said North line of Ball Road North 890 46' 3011 East 30 feet, more or less, to the East line of said Harbor Boulevard; thence continuing along said North line of Ball Road 150.00 feet; thence North, at right angles to said North line of Ball Road to the North line of the land conveyed to Edwin Emil Kettler and wife, by deed recorded December 17, 1951 in Book 2264 page 590, of Official Records of said Orange County; thence South 890 46' 30" West, along said North line, to said center line of Harbor Boulevard; thence South 110 07' 30" West, along said center line, 158.48 feet to the point of beginning. be excluded from R-A, AGRICULTURAL ZONE, and incorporated in C-2, GENERAL COMMERCIAL ZONE, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Palm Street including a 15 foot radius property line return for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Palm Street including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facili- ties, 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 Palm Street and Ball Road 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 -2- in an amount and form satisfactory to the City of Anaheim snall be posted with the City to guarantee the installation of the above mentioned requirement. 3. That the owner(s) of $ubject property shall pay to the City of Anaheim the sum of 15 cents per front foot along Palm Street and Ball Road for tree planting purposes. 4. That subject property shall be served by under- ground utilities. 5. That the owners of subject property Shall pay the water assessment fees as determined by the Water Superintendent. 6. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, and 3, above mentioned, shall be com.pleted. 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 gr ant. 7. That Conditions Nos. 4 and 5, 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 6th day of February , 19Z1-. i. Q / ~m~i~ ATTEST ~ H J)~ CIT CLERK OF THE CITY OF ANAHEIM -3- FAL :kw O""'~"'_""~..'-.__...I STNl'E OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CI'r!' OF ANAHEIM ) - I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-42 was passed and adopted at a regular meeting of the City Council held on the 6th day of February , 1973 , by the following vote of the members thereof: - AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thorn and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of theCi ty of Anaheim approved and signed said Resolution on the 6th day of Pebruary , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of 'fl4,bruaz:y , 19 73 . Lffi& C Y CLERK or THE ~ABE])! (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-42 duly passed and adopted by the Anaheim City Council on February 6, 1973. 4t~ )n ~JJ~ ,.-..... ...