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1985-536RESOLUTION NO. 85R-536 A RESOLUTION OF THE CI' OF ANAHEIM FINDING AND ZONING MAP REFERRED TO ANAHEIM MUNICIPAL CODE THAT THE BOUNDARIES OF BE CHANGED. PY COUNCIL OF THE CITY DETERMINING THAT THE IN TITLE 18 OF THE SHOULD BE AMENDED AND CERTAIN ZONES SHOULD WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 85-86-2 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 granting 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 VdHEREAS, 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 the Zoning Map referred to in Title Code should be amended and that the should be excluded from the zone or situated and incorporated in the zo forth. does find and determine that 18 of the Anaheim Municipal property hereinafter described zones in which it is now ne and zones as hereinafter set NO`V, 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 northerly 291 feet of the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL A OF THAT CERTAIN LOT LINE AND ADJUSTMENT PLAT NO. 123, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN PARCELS 1 AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS DOCUMENT NO. 85-004456 OF OFFICIAL RECORDS OF SAID COUNTY, -1- 85-86-02 into the "CO(FP)" COP~IMERCIAL, OFFICE AND PROFESSIONAL (FLOOD PLAIN OVERLAY) ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall irrevocably ~- offer to dedicate to the City of Anaheim a strip of land 66 feet in width from the centerline of the street along State College Boulevard, and 64 feet in width from the centerline of the street along Orangewood Avenue (for the easterly approximate 150 feet of subject property) for street widening purposes. 2. That prior to the introduction of an ordinance rezoning subject property, the property owner(s) shall record a covenant against the property in a form acceptable to the City Attorney guaranteeing the payment of X2.10 per square foot of gross building floor area for Phase 2 and 3 buildings, or such other greater amount as hereinafter is established by ordinance and applicable to the property. Said fee is to be paid prior to the issuance of building permits for Phase 2 or Phase 3 buildings and shall be adjusted annually per the Construction Cost Index for Construction Costs in the Los Angeles Area published in the Engineering News-Record Construction Cost Index. 3. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this Reclassification null and void. 4. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 3, 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. 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. -2- LTE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of Dece er, 1985. ~. J ~- ~~P~ ari!/ ~^ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~~ ~--~-.- CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 4647M 011586 -3- 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. 85R-536 was introduced and adopted at a regular `'~"""'` meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of December, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-536 on the 17th day of December, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affi$ed the seal of the City of Anaheim this 17th day of December, 1985. ..~ CITY CLERK OF THE CITY OF ANAH (SEAL) T, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-536 duly passed and adopted by the Anaheim City Council on December 17, 1985. ,. i~~~ CITY CLERK