2003-052RESOLUTION NO. 2003R-52
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. 2002-00085 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:
THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF
A SUBDIVISION OF THE SOUTH HALF OF SECTION
21, TOWNSHIP 4 SOUTH, R3kNGE 10 WEST, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1,
PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
into the "RM-2400" Residential Multiple-Family Zone of the City
of Anaheim, subject to the following conditions:
1. That approval of Reclassification No. 2002-00085 is
contingent upon approval of General Plan Amendment No. 2002-00406
by the City Council.
2. That a preliminary title report shall be furnished to the
Zoning Division showing the legal vesting of title, a legal
description and containing a map of the property.
3. That the legal property owner shall submit a letter to the
Zoning Division requesting termination of Conditional Use Permit
Nos. 88 (to permit a preschool) and 3045 (to permit an addition
to an existing preschool) to the Zoning Division.
4. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration, Condition
Nos. 1, 2 and 3, 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 completed within one (1) year from the date of
this resolution, or such further time as the Planning Commission
may grant.
5. 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.
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
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which may be approved or denied by the City Council at is sole
discretion.
THE FOREGOING RESOLUTION is approved and/~dopted by the
City Council of the City of Anaheim t hiy~8th daFo~ March, 2003.
MAYOR OF THE [TY ~F ANAHEIM
ATTEST:
C~ITY CLERk< OF THE CITY OF ANAHEIM
48811.1
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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-52 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
CITY CLERI~OF 'I'~IE CITY OF ANAHEIM
(SEAL)