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91-310 RESOLUTION NO. 91R-310 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. 91-92-7 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 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 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: PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 107, PAGES 36 AND 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. RECLASS #91-92-7 PARCEL B: THE SOUTH 400.00 FEET OF THE NORTH 436.00 FEET OF LOT 2 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: LOT 2 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 436.00 FEET THEREOF. PARCEL D: THE WEST 97.0 FEET OF THE EAST 204.00 FEET OF THE SOUTH 320.00 FEET OF LOT 1 IN BLOCK A OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, into the "RM-2400" RESIDENTIAL MULTIPLE-FAMILY ZONE of the city of Anaheim, subject to the following conditions: 1. That street lighting facilities along Lincoln Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the office of the 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 prior to occupancy. 2. That the legal owner of subject property shall provide the City of Anaheim with a five (5) foot wide public utility easement along the south and south portions of the west property line as required by the Electrical Engineering Division. 3. That a fee for street tree purposes shall be paid to the city of Anaheim based on the length of street frontage along Lincoln Avenue in an amount as established by City Council resolution. 4. That a covenant shall be recorded with the Office of the Orange County Recorder agreeing to provide the buyer of each dwelling unit with written information obtained from the school district(s) pertaining to possible overcrowded 2 RECLASS # 91-92-7 conditions and busing status of the school(s) serving the dwelling unit. A copy of the covenant shall be submitted to and approved by the city Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 5. That completion of these reclassification proceedings is contingent upon approval of General Plan Amendment No. 323 by the City Council. 6. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. 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. 7. 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 5th day of November, 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R3491310.12 120991 - 3 - ~ECLAS S #91-92-7 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. 91R-310 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of November, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEHBERS~ None AND I FURTHER certify that the Mayor of the city of Anaheim signed said Resolution No. 91R-310 on the 6th day of November, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of November, 1991. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-310 duly passed and adopted by the City Council of the City of Anaheim on November 5, 1991. CITY CLERK OF THE CITY OF ANAHEIM