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90-354 RESOLUTION NO. 90R-354 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. 89-90-48 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 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 fezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 84 PAGES 5 TO 8 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, into the "CL(SC)" COMMERCIAL, LIMITED (SCENIC CORRIDOR OVERLAY) ZONE of the City of Anaheim, subject to the following conditions: RECLASS 89-90-48 1. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, an additional strip of land twelve (12) feet in width along La Palma Avenue. 2. That plans shall be submitted to the City Engineer for review and approval for reconstruction of 'the median on La Palma Avenue from Imperial Highway to the driveway on the adjacent property to the west of subject property. Said reconstruction shall be completed prior to final building and zoning inspections. 5. That the legal owner of subject property shall acquire a recorded unsubordinated covenant granting an access easement from the legal property owner immediately west of subject property for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. A copy of the recorded covenant shall be submitted to the Zoning Division. 4. That the owner of subject property shall submit a letter requesting termination of Reclassification No. 84~85-4, Variance No. 2974 and Conditional Use Permit No. Z605 to the Zoning Division. 5. The legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, three hundred (300) feet of land twelve (12) feet in width along Imperial Highway north of the driveway for use as a deceleration lane. The deceleration lane shall be subject to the review and approval of the City Traffic Engineer and shall be improved prior to final building and zoning inspections 6. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 5, 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 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 -2- RECLASS 89-90-48 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 11th day of September, 1990. CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3895L 091290 RECLASS 89-90-48 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. 90R-354 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of September, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-354 on the 19th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of September, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAn) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-354, duly passed and adopted by the Anaheim City Council on September 11, 1990. CITY CLERK OF THE C~TY OF ANAHEIM