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2002-157RESOLUTION NO. 2002R-157 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. 2002-00072 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, two or more members of the City Council, caused the review of said Planning Commission action at a duly noticed public hearing; 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 based upon the following facts: 1. That the petitioner proposes reclassification of subject property from the RS-A-43, 000 (Residential/Agricultural) zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone. 2. That the Anaheim General Plan designates this property for Medium Density Residential land uses. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires the dedication and improvement of the abutting street (Ball Road) in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 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: THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID WEST ONE-HALF, 100 FEET WEST ON THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG SAID SOUTH LINE 100 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID WEST ONE- HALF, 365 FEET TO THE NORTH LINE OF THE LAND CONVEYED TO BOLLY B. BOYKIN AND WIFE, BY DEED RECORDED DECEMBER 24, 1948 IN BOOK 1779 PAGE 81, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EAST ALONG THE NORTH LINE OF SAID LAND CONVEYED TO BOYKIN AND WIFE, 100 FEET, THENCE SOUTH 365 FEET TO THE POINT OF BEGINNING. NOTE: SAID LAND IS SHOWN ON A MAP OF SURVEY, RECORDED NOVEMBER 26, 1948 IN BOOK 20 PAGE 7, RECORD OF SURVEYS, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be submitted to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1 and 4, herein-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 complied with within one (t) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. 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. 4. That an unsubordinated convenant shall be recorded on the property restricting its use to either special needs (as approved under Variance No. 2002-04499 considered in conjunction with this reclassification) or senior citizen's housing; provided, however, if the development changes from a special needs project to a senior citizen's or other similar type of multiple-family housing, said change shall be subject to review and approval by the Planning Commission at a noticed public hearing. Said covenant shall be reviewed and approved as to form by the City Attorney's office, and then recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. 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 -3- 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 this 2nd d of July. HEIM ATTEST: dITY CL~K OF'THE CITY OF ANAHEIM 45355.1 -4- 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. 2002R-157 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of July, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait, Kring, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None Cfl-Y CLER~OF TH(: CITY OF ANAHEIM (SEAL)