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1977-395ATTY -18 -C (Page 1 of 2 pages) RESOLUTION NO. 77R -3q5 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 Proceed- ings No. 76-77 -46 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 resolu- tion 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 24th day of May 1977 and continued to the day of 19 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 there- of 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 opportun- ity 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. -1- 76 -77 -46 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: The Northerly 300 feet measured to the center line of Center Street, of Lot 4, as shown on a map of a part of the West half of Lot 9 of Anaheim Extension, as shown on a map of survey recorded in book 1, page 53, Records of Surveys, in the office of the County Recorder of said Orange County; ALSO EXCEPTING the Southerly 35.93 feet thereof. be excluded from "CL" COMMERCIAL, LIMITED ZONE and incorporated in "P.M- 1200" RESIDENTIAL, MULTIPLE- FAMILY 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 53 feet in width from the centerline of the street along Lincoln Avenue for street widening purposes. 2. That sidewalks shall be installed as required by the City Engineer and in accordance with standard plans and specifi- cations on file in the Office of the City Engineer. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Lincoln Avenue for tree planting purposes. 4. That street lighting facilities along Lincoln Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard specifications on file in the Office of the Director of Public Utilities; or that a bond, cer- tificate of deposit, letter of credit, or cash, 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 require- ments. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. 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. ATTY -18 -C (Page 2 of 2 pages) EXCEPTING THEREFROM the Easterly 57.45 feet; 5. That subject property shall be served by underground utilities. -2- 3. 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. 9. 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. 10. That a "drip" irrigation system shall be installed for watering of the proposed berm adjacent to Lincoln Avenue, as stipulated to by the petitioner. 11. That landscaping plans shall be submitted to the Plan- ning Department for review and approval prior to the issuance of building permits, as stipulated to by the petitioner. 12. That the proposed development plans shall be reversed in order to relocate the proposed driveway access to the east side of the property, as stipulated to by the petitioner. 13. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 3 and 4, 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. 14. That Condition Nos. 2, 5, 6, 10 and 12, above- mentioned, shall be complied with prior to final building and zoning inspec- tions. 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 deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed b me this 24th day of May, 1977. ATTEST: CITY LERK OF TH CITY OF ANAHEIM JLW fm OF THE TY OF ANAHEI STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -395 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of May, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (SEAL) CITY CLERK OF THE CI OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R-395 on the 24th day of May, 1977, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of May, 1977. I, LINDA'D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -395 duly passed and adopted by the Anaheim City Council vn May 24, 1977. &9(igt, CITY CLERK