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RES-1989-448 RESOLUTION NO. 89R-448 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, AS MODIFIED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 89-90-03 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 approved an amendment to reclassify said property into the RS-5000 (Residential, Single-Family) Zone; 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: RECLASS 89-90-03 THOSE PORTIONS OF SECTION 9 TOWNSHIP 4 SOUTH RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF WEST STREET, AS SHOWN ON A MAP FILED IN BOOK 1 PAGE 56 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OF LOT 2, AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 15.00 FEET FROM SAID NORTH LINE; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH A CURVE CONCENTRIC WITH AND DISTANT SOUTHEASTERLY 20.00 FEET FROM THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED TO THE COUNTY OF ORANGE RECORDED JUNE 30, 1959, IN BOOK 4780, PAGE 93 OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE NORTH LINE OF SAID LOT 2; THENCE EASTERLY ALONG SAID NORTH LINE AND PROLONGATION THEREFORE TO THE POINT OF BEGINNING. PARCEL 2 BEGINNING AT A POINT IN THE CENTERLINE OF WEST STREET, 524.90 FEET SOUTHERLY FROM THE INTERSECTION OF SAID CENTERLINE AND THE NORTH LINE OF SAID SECTION 9, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 56 RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF BEGINNING BEING THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 2 AND THE CENTERLINE OF SAID WEST STREET; THENCE SOUTHERLY, ALONG THE CENTERLINE OF SAID WEST STREET, 488.20 FEET TO THE SOUTHERLY LINE OF SAID LOT 2, EXTENDED TO SAID CENTERLINE OF THE WEST; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 2 AND ITS EXTENSION, 562.59 FEET; THENCE NORTH 471.5 FEET PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO A POINT IN THE NORTH LINE OF SAID LOT 2; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 9, 437.69 FEET TO THE PLACE OF BEGINNING; into the "RS-7200" Residential, Single-Family ZONE of the City of Anaheim, subject to the following conditions: 1. That a fee shall be paid to the City of Anaheim for street lighting along West Street in an amount as established by City Council resolution. 2. That a fee shall be paid to the City of Anaheim for tree planting along West Street in an amount as established by City Council resolution. -2- RECLASS 89-90-03 3. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1660 to the Zoning Division. 4. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 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, or such further time as the Planning Commission may grant. 5. 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 28th day of November, 1989. ~ THE CITY OF ANAHEIM ATTEST: -3- RECLASS 89-90-03 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. 89R-448 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of November, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehr1e, Pickler, Kaywood 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. 89R-448 on the 11th day of December, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of December, 1989. ~~ 'it ~~ 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. 89R-448 duly passed and adopted by the Anaheim City Council on November 28, 1989. ~~7(~ CITY CLERK OF THE CITY OF ANAHEIM