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88-184RESOLUTION NO. 88R-184 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM FINDING AND DEI'ERMINING 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. 87-88-40 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. NON, 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: THE WESTERLY 62 FEET OF THE FOLLOWING DESCRIBED REAL PROPERTY: PARCEL 1: THE SOUTH 198.00 FEET, MEASURED FROM THE CENTER LINE OF LA PALMA AVENUE, OF THE EAST 44.00 FEET OF LOT 11 OF THE MILES RANCHO, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 87-88-40 EXCEPT AN UNDIVIDED ONE-HALF INTEREST 1N AND TO ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, BUT WITHOUT THE RIGIiT TO ENTER THE SURFACE THEREON ABOVE DEPTH OF 500 FEET, AS RESERVED BY JERRY C. DOLAN, et ux., IN DEED TO LESLIE E. BUCK, et ux. RECORDED SEPTEMBER 28, 1955, in BOOK 3226, PAGE 149, OF OFFICIAL RECORDS. SAID LAND 1S INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 6 PAGE 43 OF RECORD SURVEYS, IN TIlE OFFICE OF THE COUNTY RECORDER OF SA1D COUNTY. PARCEL 2: THE SOUTH 308.21 FEE2' OF THAT PORTION OF LOT 11 OF THE MILES RANCHO, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 7, MISCELLANEOUS MAPS, RECORDS OF SAiD ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 11, 652.8 FEET SOUTH OF THE NORTItEAST CORNER OF SAID LOT 11, AND RUNNING THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 11, 106 FEET; TttENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 11 TO THE SOUTHERLY LINE THEREOF; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 11 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EAST 44 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTH 180.21 FEET THEREOF. NOTE 1: SAID LAND IS SHOWN ON A MAP OF SURVEY RECORDED IN BOOK 6, PAGE 43, RECORD OF SURVEY, into the Anaheim, "RM-1200" RESIDENTIAL, MULIlPLE-FAMILY ZONE of the City of subject to the following conditions: That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land fifty three (53) feet in width from the centerline of the street along La Palma Avenue for street widening purposes. That the owner of subject property shall submit a letter requesting termination of Variance No. 611 to the Zoning Division. That prior to introduction of an ordinance rezoning subject property, the 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. A copy of the recorded covenant shall be furnished to the Zoning Division. -2- 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 year from the date of this resolution, or such further time as the Planning Commission may grant. 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 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 c'ourt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. t be THE FOREGOING RESOLUTION is approved and adopted by City Council of the City of Anaheim this 5r~kda7 of May, 1988. MAYOR OF THE CITY OF}ANA~fM ATTEST: 2444L 050988 OF ANAHEIM -3- STAYE OF CALIFO[d~IA ) COgNTY OF OR/~GE ) ss. CiTY OF ~AJtEIM 1, AxON M. SAUVAG~U, Assistant City Clerk of the City of Anaheim, do hereoy certify that t~le foregoing Resolution No. 86R-18~ was introduced and adopted at a regular meeti~lg provided by law, of t~e City Cou~cii of t~e City of Anaheim hel~ on t~e ord day of Hay, ±W65, by the following vote of the memoers AYES: COCNCiL i~EMBERS: Ei~rle, Hunter, Bay 140ES: COUNCIL ~MBERS: Kaywood C0 Ui~C ±L MEMBERS: Pickier ~D I FURTtiER certify tt~at the ~.layor o~ the City of Anaheim signed said Resolution No. ~8R-164 on the 10t~ day of May, 1988. iN WITNESS ~HEKEOF, I ~lave hereunto set my t~and and affixed the seal of the City of Ana[~eim this 1Ot~ day of flay, 1986. I, ANN M. SAUVAGEAU, Assistartt City Clerk of t[~e City of Atml~eim, do nereOy certify that the foregoing is the origi~tal of Resolution ~qo. 6dR-184 duly passed and adopted by tae Anaheim City Council on May ~, 1988.