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1977-535ATTY -18 -C (Page 1 of 2 pages) RESOLUTION NO. 77R -535 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 -61 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 26th day of July 19 77, 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 xed 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 -61 NOW, THEREFORE, BE IT RESOLD by the City Council of the City of Anaheim that Title 18 of the Anaheim Municinal Code be, and the same is hereby, amended and that the followin7 described property, situated in the City of Anaheim, County of Orange, State of California, to wit: ATTY-18-C (Page 2 of 2 pages) PARCEL 1: THAT PORTION OF LOT 6 OF THE D. D. TAYLOR TRACT, IN TEE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI- FORNIA, AS PER NAP RECORDED IN BOOR. 36 PAGES 58 TO 60 INCLUSIVE OF MISCELLANEOUS RECORDS, IN TEE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF RIVERDALE AVE. (FORMERLY BATAVIA STREET), 80.00 FEET WIDE, WITH THE CENTER LINE OF JEFFERSON STREET, 100.00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 4643, RECORDED IN BOOK 195 PAGES 35 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG SAID RIVERDALE AVE., ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1160.00 FEET THROUGH A CENTRAL ANGLE OF 3° 04' 39" AN ARC DISTANCE OF 62.31 FEET TO THE NORTH- EASTERLY CORNER OF SAID TRACT NO. 4643, SAID CORNER ALSO BEING THE MOST WESTERLY CORNER OF THE LAND DE- SCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RE- CORDED FEBRUARY 28, 1968 IN BOOK 8528 PAGE 286 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE NORTHERLY LINE AND ITS EASTERLY PROLONGATION OF SAID LAND OF THE STATE OF CALIFORNIA TO THE CENTER LINE OF JEFFERSON STREET, 40.00 FEET WIDE, AS SHOWN ON A MAP RECORDED IN BOOK 28 PAGE 20 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTER LINE NORTH 17° 00' 45" WEST TO AN ANGLE POINT THEREIN AND NORTH 29 11' 15" WEST 148.92 FEET TO THE NORTHERLY LINE OF SAID LOT 6; THENCE ALONG SAID NORTH- ERLY LINE SOUTH 61 27' 05" WEST TO THE CENTER LINE OF JEFFERSON STREET, 100.00 FEET WIDE, AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED APRIL 15, 1968 IN BOOK 8572 PAGE 780 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CENTER LINE TO THE POINT OF BEGINNING. EXCEPT ANY PORTION OF SAID LOT NOT INCLUDED WITHIN THE RANCHO SANTIAGO DE SANTA ANA. -2- PARCEL 2: THAT PORTION OF LOT 5 OF THE J. D. TAYLOR TRACT, IN TEE CITY OF ANAIEII, COUNTY OF ORANGE, STATE OF CALI- FORNIA, AS PER MAP RECORDED IN BOOK 5 PAGE 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RE- CORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT, SAID POINT BEING DISTANT ALONG SAID WESTERLY LINE SOUTHERLY 38.57 FEET FROM THE NORTHERLY TER MINUS OF THAT CERTAIN COURSE HAVING A LENGTH. OF 1715.93 FEET ON THE MAP OF TRACT NO. 4643, RECORDED IN BOOK 195 PAGES 35, 36 AND 37 OF MISCELLANEOUS MAPS, IN SAID OFFICE, SAID POINT ALSO BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING THE BEARING OF NORTH 73 29' 33" EAST IN PARCEL 2 OF THE STATE HIGHWAY RELINQUISHMENT NO. 637, RECORDED IN BOOK 8943 PAGES 261 AND 262 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 73 29' 33" EAST, 405.90 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 43 59' 29" WEST, 10.86 FEET; THENCE NORTH 46 58' 05" WEST, 255.88 FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE BOUNDARIES OF SAID LOT TO THE POINT OF BEGIN NING. EXCEPT ANY PORTION OF SAID LOT NOT INCLUDED WITHIN THE RANCHO SANTIAGO DE SANTA ANA. be excluded from "CL" COMMERCIAL, LIMITED ZONE and incorporated in "RM-1200" RESIDENTIAL, MULTIPLE FAMILY ZONE, subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Tustin Avenue and Riverdale 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 re- quired 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 Tustin Avenue and Riverdale 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; and /or that a bond, certificate 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 requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Tustin Avenue and Riverdale 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 subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the developer shall obtain a favorable flood hazard letter, acceptable to the City of Anaheim, from the Orange County Flood Control District. 8. 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. -4- all other construction manner so as to minimize from this project being rm water originating from 9. That grading, excavation, and activities shall be conducted in such a the possibility of any silt originating carried into the Santa Ana River by sto or flowing through this project. 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 the vehicular access rights, except at approved access points to Tustin Avenue and Riverdale Avenue, shall be dedicated to the City of Anaheim. 12. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 2, 7 and 11, 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 Condition Nos. 3, 5, 6 and 9, above- mentioned, shall be complied with prior to final building and zoning inspec- tions. 14. That the owner(s) of subject property shall request in written form, termination of Variance No. 2747 prior to introduc- tion of an ordinance rezoning subject property. DE 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 adopted by the City Council of the City of Anaheim this 26th day of July 1977. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm OF ANAHEIM (SEAL) 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 -535 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of July, 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 AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -535 on the 26th day of July, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of July, 1977. CITY CL RK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -535 duly passed and adopted by the Anaheim City Council on July 26, 1977. CITY CLERK