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1981-078RESOLUTION NO. 81R-78 A RESOLUTION OF THE CITY COi.TNCIL 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 SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 80-81-21 to consider an amendment to Title 18 of the Anaheim Municipa 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: PARCEL 1: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and -1- 8 0- 81- 21 ATTY-1 B -C be excluded from the "CL" COMMERCIAL, LIMITED ZONE and incorporated into the "RM-3000" RESIDENTIAL, MULTIPLE-FAMILY ZONE, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. ?_. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That the owners 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. 6. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2164. 7. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of Final Tract Map No. 11364 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 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. 9. That the owners of subject property shall pay the traffic signal assessment fee (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. 10. The seller shall provide the purchaser of each condomin- ium unit with written information concerning Anaheim Municipal Code 14.32.500 pertaining to "parking restricted to facilitate street sweeping." Such written information will clearly indicate when on- street parking is prohibited and the penalty for violation. 11. That the owners of subject property shall submit a letter requesting the termination of Variance No. 2001 and Conditional Use Permit No. 51 to the Planning Department. - 2- 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. 13. Prior to the introduction of an ordinance rezoning sub- ject property, Condition No. 6, 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 Planning Commission un- less said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 14. That Condition Nos. 1, 3, 4 and 12, above-mentioned, shall be complied with prior to final building and zoning inspec- tions. 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 deter- mined to be necessary and proper. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of February, 1981. ATTEST' ; CITY CLERK OF THE ITY OF ANAHEIM JLW: fm -3- ""~"~, 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. 81R-78 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of February, 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-78 on the 24th day of February, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of February, 1981. CITY C ERK OF THE CITY OF 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-78 duly passed and adopted by the Anaheim City Council on February 24, 1981. ~. CITY CLERK '~"~",