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2003-048RESOLUTION NO. 2003R-48 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. 2002-00091 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 hold and conduct such public 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: Portion A - Approximately 25 acres located on the west side of Tustin Avenue between Orangethorpe Avenue and Miraloma Avenue and having frontages of 760 feet on the south side of Orangethorpe Avenue, 1,030 feet on the west side of Tustin Avenue and 330 feet on the north side of Miraloma Avenue, and Portion B - Approximately 5 acres located on the south side of Orangethorpe Avenue between Tustin Avenue and Jefferson Street, having frontages of 190 feet on the east side of Tustin Avenue, 1,540 feet on the south side of Orangethorpe Avenue and 240 feet on the west side of Jefferson Street as Portions A and B are more particularly shown on Exhibit "A" attached hereto as follows: (a) to exclude the above-described Portion A from the County of Orange A1 (General Agricultural) zone designation to the City of Anaheim RS-A-43,000 (Residential/Agricultural) Zone, unconditionally; and (b) to exclude the above-described Portion B from the County of Orange Mi (Light Industrial) zone to the City of Anaheim ML (Limited Industrial) Zone, unconditionally. 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. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim ' 18th day of March .. ' OF ANAHEIM ATTEST: CITY CLERKJOF T~E~-CITY OF ANAHEIM 48808.1 120' 1540'~ 7~-71-48 70-71-47 (Ra~. of int. t~ ML) AUTO SALVAGE MIRALOMA AVENUE EXHIBIT A - LEGAL DESCRIPTION FOR PC 2003-23 RECLASSIFICATION NO. 2002-00091 Subject Property Portion A Subject Property Portion B Scale: Graphic Q.S. No. 148 611 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-48 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None G'~TY CLERK/OF THE~ITY OF ANAHEIM (SEAL)