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2003-047RESOLUTION NO. 2003R-47 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. 2002-00089 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: Portion A: an irregularly-shaped area consisting of approximately 6.8 acres between the south side of the Riverside (SR 91) Freeway and the north side of Houston Avenue, with a frontage of approximately 680 feet on the north side of Houston Avenue and being located approximately 620 feet west of the centerline of Gilbert Street; and Portion B: a triangularly-shaped area consisting of approximately 2 acres located west of Gilbert Street between the south side of the Riverside (SR 91) Freeway and the north side of Houston Avenue, with a frontage of approximately 590 feet on the north side of Houston Avenue (as such Portion A and Portion B are shown on Exhibit "A" attached hereto) as follows: (a) to exclude the above-described Portion A from the County of Orange 'R4' (Suburban Multifamily Residential) zone designation and to incorporate said described properties into the City of Anaheim 'RS-7200' (Residential, Single-Family) Zone, unconditionally; and (b) to exclude the above-described Portion B from the County of Orange 'R4' (Suburban Multifamily Residential) zone designation and to incorporate said described properties into the City of Anaheim 'RM-3000' (Residential, Multiple-Family) Zone, unconditionally 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 which may be approved or denied by the City Council at is sole discretion. //// //// IIII -2- THE FOREGOING RESOLUTION is approved and~dopted by the City Council of the City of Anaheim t~/~ 18th da~_March,~ 2003. M~R-6F THE/CITY OF ANAHEIM ATTEST: G~Ty CLER~ OF "'THE CITY OF ANAHEIM 48797.1 -3- o o Z o ~0 '~o ~ o h.~ 0 EXHIBIT .I.S 3'IYON~a..-! a~ :4~ilHSNOA~lO IS NHF~B3V'dB .i.S ~AV 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-47 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 CLERK"OF THE CITY OF ANAHEIM (SEAL)