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1981-356RESOLUTION NO. 81R-356 A RESOLUTION OF THE CITY COi1NCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL COJ)E RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOLJLn BE CHANGED. WIiEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. g0-81-14 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 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 anyrwPd 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 he 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: PARCEL 1: That portion of the south half of the North- .:.--..,. west quarter of the Southeast quarter of Section 27, Township 4 South, Range 10 West, partly in the Rancho Bolsas and partly in the Rancho San Juan Cajon de Santa .Ana, in the City of Anaheim, as said section is shown on a map recorded in Uook 51, page 10 of Miscellaneous -1- 80-81-14 ATTY-I8-C Maps, records of Orange County, California, described as follows: Beginning at the Northwest corner of said South half; thence South 0° 42' 47" East 200.00 feet along the West line of said South half to the true point of beginning; thence South 89° 38' 07" East 300.00 feet parallel to the North line of said South half; thence North 0° 42' 47" West 200.00 feet parallel to the West line of said South half to the North line of said South half; thence South 89° 38' 07" East 450.00 feet along said North line; thence Sout'n 0° 42' 47" East 439.02 feet parallel to the West line of said South half to a line parallel with and distant 221.00 feet measured at right angles Northerly from the South line of said North- west quarter of the Southeast quarter of said Section 27; thence North 89° 38' 14" West 450.00 feet along said parallel line; thence North 0° 42' 47" West 200.04 feet parallel to the West line of said South half to a line parallel with and distant 239.00 feet, measured at right angles Southerly from the North line of said South half; thence North 89° 38' 07" West 300.00 feet along said parallel line to the West line of said South half; thence North 0° 42' 47" West 39.00 feet to the true point of beginning; and PARCEL 2: The East 450.00 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of Section 27, Township 4 South, Range 10 West, partly in the Rancho Las Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as said Section is shown on a map recorded in book 51, page 10 of Miscellaneous P!iaps, records of Orange County, California, described as follows: Beginning at the in- tersection of a line parallel with and distant 221.00 feet measured at right angles Northerly from the South line of said South half with the West line of Lot 24 of Tract No. 3127, as shown on a map recorded in book 94, pages 48 and 49 of Miscellaneous Maps, records of Orange County, California; thence along said parallel line North 89° 38' 14" West n79.77 feet to an intersection with that certain curve in the North line of Wilken Way near the Northeast corner of the intersection of said Wilken Way and Harbor Boulevard, as shown on said map of Tract No. 3127 said curve being concave to the Northeast and hav- ing a radius of 15.00 feet, a radial line to said curve at said intersection having a bearing of South 21° 24' 08" West; thence Easterly 5.51 feet along said curve to the Easterly terminus thereof; thence Easterly 675.98 feet along the various courses in the Northerly lines of Wilken Way as shown on said map of Tract No. 3127, to th e Southwest corner of said Lot 24; thence North 0° 42' 47" West 9.00 feet to the true point of beginning; and -2- PARCEL 3: The East 100 feet of the North 200 feet of the West 300 feet to that portion of the South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven, Township Four South, Range Ten West, S.B. B. & M., partly in the Rancho Las Bolsas and partly in the Rancho San Cajon de Santa Ana, described as follows: Beginning at the Northwest corner of said South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven; thence South 89° 38' 07" East 871.29 feet along the North line of said South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven; thence South 0° 42' 47" East 500.02 feet along a line parallel to the West line of said Southeast quarter of Section Twenty-seven to a point on a line parallel with and distant 160.00 feet measured at right angles North- erly of the South line of said Northwest quarter of the Southeast quarter of Section Twenty-seven; thence North 89° 38' 14" West 871.29 feet along said parallel line to a point on said West line of Southeast quarter of Section Twenty-seven; thence North 0° 42' 47" West 500.05 feet along said West line of the Southeast quarter of Section Twenty-seven to the point of beginning, be excluded from the "RS-A-43,000" RESIDENTIAL/AGRICULTURAL ZONE and incorporated in the "RM-3000" RESIDENTIAL, MULTIPLE-FAMILY ZONE, subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Wilk en Way for street widening purposes. 2. That street lighting facilities along Wilken Way shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 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 Anaheim the appropriate park and recreation in-lieu fees as de- termined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. -3- 7. That an ordinance rezoning the subject property shall in no event become effective except upon the recordation of Final Tract Map No. 11305 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 8. That the owner of subject property shall pay the traffic signal assessment f_ee (Ordinance No. 3896) in an amount as deter- mined by the City Council, for each new dwelling unit prior to the issuance of a building 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. That the developer shall acquire access rights across the one (1) foot strip of land at the north property line of subject property before constructing any access to Cliffwood Avenue. 11. That the petitioner shall request, in writing to the Planning Department, termination of Conditional Use Permit Nos. 37, 765 and 1206. 12. That 15-gallon trees planted on 20-foot centers, with appropriate irrigation facilities, shall be installed and maintained along the east property line. 13. That the property shall be developed as a residential condominum project of not to exceed 104 units in accordance with a final development plan to be approved by the City Council prior to issuance of any building permits. 14. That the property sha]_1 continue to be maintained as a mobilehome park for a period of not less than 12 months following the date of adoption of the ordinance reclassifying the property to the RM-3000 Zone. 15. That the following relocation assistance shall be provided by the developer and proof of compliance in a form satisfactory to the City shall be submitted prior to issuance of any building permits: a. The nine (9) tenants owning single-wide coaches and represented by Michael Deitch, Esq., shall be paid the sum of $5,000 each. b. The tenants owning double-wide coaches and repre- sented by Michael Deitch, Esq., shall be paid the sum of $7,000 each. c. Ms. Hewitt (Space 13) shall be paid the sum of $7,000. -4- d. Mrs. Villa (Space 23) shall either be relocated to a location satisfactory to her, or her coach purchased for the sum of $3,000 with developer assuming the balance owed on her coach. e. The remaining four (4) mobilehome owners shall be paid the sum of $5,000 each. f. Developer shall pay to Mr. Deitch the attorney's fees incurred by the tenants in an amount not to exceed $5,000. 16. Prior to the introduction of an ordinance rezoning sub- ject property, Condition Nos. 1, 2, 7, 10 and 11, 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 hereof or such further time as the Planning Commission may grant. 17. That Condition Nos. 4, 5 and 12, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that 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 conditions, 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. BF 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 28th day of July, 1981. ATTEST _c,~.:.~.~ ~i CITY CLERK OF T.HE uITY OF ANAHEIM JLW:fm -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBEftTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R- 3~5 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th-day of July, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R-'3.5.6 on the 28th day of July, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of July, 1981. CITY ERK OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-:356 duly passed and adopted by the Anaheim City Council on July 28, 1981. CITY CLERK