90-144 RESOLUTION NO. 90R-144
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. 89-90-44 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 rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State
of California, to wit:
PARCEL 2: LOT 4 IN BLOCK 25 AND THE WESTERLY 9.92 ACRES OF
LOT 3 IN SAID BLOCK 25 OF THE GOLDEN STATE TRACT, IN THE CITY
OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND
67 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
Reclass No. 89-90-44
THE EASTERLY LINE OF SAID 9.92 ACRES TO BE PARALLEL WITH AND
DISTANT WESTERLY 217.B0 EBBT FROM THE EASTERLY LINE OF SAID
LOT 5.
EXCEPTING THEREFROM SAID 10.00 ACRES THAT PORTION DESCRIBED IN
A DEED TO FREEWAY INDUSTRIAL CENTER, INC., A CALIFORNIA
CORPORATION, RECORDED DECEMBER 12, 1960, IN BOOK 5S44, PAGE
248 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM SAID 10.00 ACRES, THAT PORTION DESCRIBED
IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 9,
1964, IN BOOK 6876, PAGE 164 OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING NORTHERLY OF THE
CENTERLINE OF JACKSON AVENUE DESCRIBED IN INSTRUMENT RECORDED
SEPTEMBER 29, 1971, IN BOOK 9824, PAGE 282, OF OFFICIAL
RECORDS.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT
TO ENTER UPON THE SURFACE OF THE SUBSURFACE OF SAID LAND ABOVE
A DEPTH OF SO0 FEET, AS PROVIDED IN INSTRUMENTS OF RECORD,
into the "RM-1200(o)" RESIDENTIAL, MULTIPLE-FAMILY-OIL PRODUCING
OVERLAY ZONE of the City of Anaheim, subject to the following
conditions:
1. That prior to introduction of an ordinance rezoning subject
property, the legal property owner shall prepare and record an
unsubordinated covenant limiting occupancy of each apartment
unit to no more than two (2) persons (other than children
under the age of two [2] years) per bedroom. Said limitation
shall be included in each lease/rental agreement. A copy of
the covenant shall be submitted to and approved by the City
Attorney prior to recordation with the Office of the Orange
County Recorder. A copy of the recorded covenant shall be
furnished to the Zoning Division.
2. That an unsubordinated covenant shall be recorded with the
Office of the Orange County Recorder agreeing to provide the
renter of each dwelling unit with written information obtained
from the School District(s) pertaining to possible overcrowded
conditions and busing status of the school(s) serving the
dwelling unit.
That prior to the introduction of an ordinance rezoning
subject property, Condition Nos. 1 and 2, 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.
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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 1st day of May, 1990.
ATTEST:
CITY CLERK OF T~B CiTY OF ANAHEIM
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050290
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CLERK
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-144 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 1st day of May, 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-144 on the 10th day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this loth day of May, 1990.
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. 90R-144, duly passed and
adopted by the Anaheim City Council on May 1, 1990.
CITY CLERK OF THE CITY OF ANAHEIM