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1985-447RESOLUTION NO. 85R-447 A RESOLUTION OF THE CI' OF ANAHEIM FINDING AND ZONING MAP REFERRED TO ANAHEIM MUNICIPAL CODE THAT THE BOUNDARIES OF BE CHANGED. PY COUNCIL OF THE CITY DETERMINING THAT THE IN TITLE 18 OF THE SHOULD BE AMENDED AND CERTAIN ZONES SHOULD WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 84-85-37 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 the Zoning Map referred to in Title Code should be amended and that the should be excluded from the zone or situated and incorporated in the zo forth. does find and determine that 18 of the Anaheim Municipal property hereinafter described zones in which it is now ne and zones as hereinafter set 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: =1- 84-85-37 THE WESTERLY 120.00 FEET OF THE EASTERLY 154.75 FEET OF THE SOUTHERLY 120.00 FEET OF THE NORTHERLY 153.00 FEET (MEASURED FROM AND ALONG THE CENTER LINE OF VERMONT STREET, FORMERLY BROAD STREET ON THE NORTH AND HARBOR BOULEVARD, FORMERLY PALM STREET ON THE EAST) OF LOT 28 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,• COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS FILED IN BOOK 3, PAGES 163 ET SEQ. OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall, on separate documents, irrevocably offer to dedicate to the City of Anaheim, a strip of land (a) 53 feet in width from the centerline of the street along Harbor Boulevard for street widening purposes, including a 15-foot radius property line return; and (b) a strip of land 60 feet in width from the centerline of the street along Harbor Boulevard for additional street widening purposes. Said dedication shall shall include subject property as well as the 30-foot wide strip of property immediately south of subject property (if access is proposed from Harbor Boulevard). 2. That sidewalks, curbs, gutters and paving shall be removed and/or reconstructed along Harbor Boulevard for subject property as well as the 30-foot wide strip of property immediately south of subject property as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer and 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 said improvements. Said security shall be posted with the City prior to introduction of an ordinance rezoning subject property to guarantee the installation of the above-required improvements prior to occupancy. 3. That street lighting facilities along Harbor Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and 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 an introduction of an ordinance rezoning subject property. The above-required improvements shall be installed prior to occupancy. -2- 4. That the owner of subject property shall record with the Orange County Recorder's Office a mutual vehicular access easement to be shared with the property immediately south of subject property for common vehicular ingress and egress purposes. Said easement shall be designed and maintained in a manner satisfactory to the City Traffic Engineer and said easement document shall be in a form satisfactory to the City Attorney. A copy of the recorded document shall then be submitted to the Planning Department. 5. That prior to the introduction of an ordinance rezoning subject property specific plans shall be submitted to and approved by the Planning Department which plans comply with all applicable zoning standards unless a variance is otherwise approved therefor. 6. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, 4 and 5, 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 year from the date of this resolution, or such further time as the Planning Commission may grant. 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 onditior, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, them 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 15th day of October, 1985. MAY OF THE CITY ANAHE M ATTEST: C TY CLERK OF HE CITY OF ANAHEIM JLW:fm 4346M 102185 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-447 was introduced and adopted at a regular '~"'' meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of October, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-447 on the 15th day of October, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of October, 1985. Q~.~'v'`... CITY CLERK OF THE CITY F ANA.T3EIM (SEAL) I, LEONORA N~ SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-447 duly passed and adopted by the Anaheim City Council on October 15, 1985. ~~~~~- CITY CLERK