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90-008 RESOLUTION NO. 90R-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES 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. 89-90-06 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, 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 (40) 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 granted the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; and WHEREAS, at the 'time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended 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 and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 54, TOWNSHIP 3 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: Reclass 89-90-06 BEGINNING AT A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, DISTANT NORTH 0 DEC. 10' 25" WEST 200.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUING NORTH 0 DEG. 10' 25" WEST ALONG SAID WEST LINE 127.86 FEET TO THE NORTHWEST CORNER OF THE SOUTH 10 ACRES OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEG. 36' 20" BAST ALONG THE NORTH LINE OF SAID SOUTH 10 ACRES 339.33 FEET; THENCE SOUTH 0 DEG. 17' 25" EAST 127.86 FEET; THENCE SOUTH 89 DEG. 36' 20" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES 339.S9 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land sixty (60) feet in width from the centerline of the street along Orangethorpe Avenue including a twenty-five (25) foot radius corner return at Lemon Street for street widening purposes. That the legal property owner(s) of Parcels B and C as described in Resolution No. 90R-7 shall enter into an unsubordinated reciprocal access and parking agreement which shall be reviewed and approved by the City Attorney's Office and shall be recorded with the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. 5. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 4. That the appropriate fees due for primary mains and fire protection service shall be paid to the Water Engineering Division in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 5. That street lighting facilities along Orangethorpe Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or that security in the form of 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to the introduction of an ordinance rezoning subject property. The above-required improvements shall be installed within a period of one hundred twenty (120) days from the date of this resolution. -2- Reclass 89-90-06 6. That a fee shall be paid to the City of Anaheim for tree planting along Orangethorpe Avenue and Lemon Street in an amount as established by City Council resolution. 7. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (S) feet in width located along the north property line of subject Parcels B, C and F as described in Resolution No. 90R-7 for public utility purposes. 8. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 7, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution or such further time as the Planning Commission may grant. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of January, 1990. ATTEST: ~~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3440L 010490 -3- Reclass 89-90-06 CLE~ STATE OF CALIFORKIA ) COUNTY OF ORANGE ) ss. CI~ OF AN~EIM ) I, LEONORA N. SOHL, City Clerk of the City of An~eim, do hereby certi~ that the foregoing Resolution No. 90R-8 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of January, 1990, by the following vote of the members ~ereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Ka~ood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: CO~CIL MEMBERS: None AND I ~RTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-8 on the 10th day of January, 1990.. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this loth day of January, 1990. CITY CLE~ OF THE CITY OF AN~EIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-8, duly passed and adopted by the Anaheim City Council on January 2, 1990. CITY CLERK OF THE CITY OF ANAHEIM