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1982-031 RESOLUTION NO. 82R-3l ,.... '~ i A RESOLUTION OF THE CITY COrrnCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL conE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULn BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. ~l-~-~ to consider an amendment to Title 18 of the Anahe m un cipal Code relating to zoning, and to consider a change in the boundaries of the zone or zones hereinafter men- tioned 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 approved 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 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 de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: THAT PORTION OF THE SOUTH HALF OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHCMN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 7 TO II INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, -1- 81-82-3 ATTY-18-C T ..-....., be incorporated into the "RM-3000" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Romneya Drive and Coronet Avenue. """'" 1 i ~ 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 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. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owner of subject property shall pay to the City of Ana)),eim the appropriate park and recreation in-lieu fees as determined to ~e appropriate by the City Council, said fees to be paid at the time the building permit is issued. 7. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail shall be submitted to the Building Division for approval and inclusion with the building plans prior to the issuance of building permits. (Private streets are those Which provide primary access and/or circulation within the project) . 8. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a build- ing permit. 9. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. Prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the units will be in conformance with Noise Insulation Standards specified in the California Administrative Code. Title 25. ,- 11. Prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542, Sound Attenuation in Residential Projects. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7. -2- T -. ~t I ~ 13. Prior to the introduction of an ordinance rezoning subject property, Condition No.1, 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 hereof, or such fur- ther time as the Planning Commission may grant. 14. That Condition Nos. 2, 4, 5, 7 and 12, above mentioned, shall be complied with prior to final building and zoning inspections. 15. That the owner of the subject property shall build a masonry and wrought iron fence along the south boundary of the subject prop- erty from Romneya Drive to the lake. Legal access to the lake shall be limited by appropriate documents to an area in front of said owner's proposed condominium development. 16. That, in the event legal access to the lake is provided to the subject property as set forth in Condition No. 15 above, the owner of the subject property shall cooperate in establishing an "umbrella" organization acceptable to the Anaheim Shores Owners' Association to establish a pro rata sharing of lake maintenance costs~ the owner of the subject property shall pay all legal expenses for documentation for the umbrella organization and for soliciting approval by existing homeowners of the Association. 17. That the owner of the subject property shall landscape the Anaheim Shores Owners' Association property along the south boundary of the condominium development to the lake or stream edge. The con- dominium association will be made responsible for maintenance of said landscaping within the lake access area by recorded legal instrument. 18. That the owner of the subject property shall install a masonry and wrought iron fence on Anaheim Shores Owners' Association property along Falmouth Street to control trespassing. 19. That the owner of the subject property shall install wood roofs on the condominium development and shall use exterior colors compatible with the existing homes in the Anaheim Shores Planned COJUlunity. 20. That the owner of the subject property shall use a COmbina- tion of solid masonry fencing and landscaping to mitigate potential noise from the condominium recreation center. 21. That the owner of the subject property shall not use the words "Anaheim Shores" in naming or describing the condominium development. ~ 22. That the owner of the subject property shall contribute $20,000 cash to Anaheim Shores Owners' Association for refurbishing existing landscaping and fencing. -3- T -. ...--" , 23. That the owner of the subject property shall provide the Anaheim Shores Owners' Association a reasonable period of time not to exceed sixty days from the date of this resolution to poll or otherwise obtain any necessary legal consent of the Association membership with regard to said owners' compliance with Conditions No. IS through 22 hereof. If said owner is unable to obtain such consent of the Association or its membership as may legally be required to implement any or all of said Conditions No. IS through 22 hereof within the aforesaid time period, then those certain con- ditions for which such consent is not so obtained shall be deemed satisfied for purposes of this resolution without further action by said owner of the subject property. Any conditions for which such consent is timely obtained shall be complied with in full by the owner of the subject property prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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. 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 adopted by the City Council of the City of Anaheim this 19th day of January, 1982. DEPUTY ~~~~ CrT CLERK OF THl" CITY OF ANAHEIM ATTEST: LINDA D. ROBERTS, JLW = fm i"-' -4- T u -, ," STA'llE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Ana ij,e im , do hereby certify that the foregoing Resolution No. 82R-3l was introduced land adopted at a regular meet1Dg provided by law, of the City Council of th~ City of Anaheim held on the 19th day of January, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay AaSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of An~heim signed said Resolution No. 82R-3l on the 19th day of January, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anahetm this 19th day of January, 1982. LINDA D. ROBERTS, CITY CLERK B~ ~<( /~ . . EPUTY CITY CLE '-- (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-3l duly passed and adopted by the Anaheim City Council on January 19, 1982. . LINDA D. ROBERTS, CITY CLERK B~ ~~?{~ ~, - 1'"