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90-146 RESOLUTION NO. 90R-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OE 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. 89-90-45 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. 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: PARCEL 1A: PARCEL Z, IN THE CITY OF ANAHEIM AS SHOWN IN A MAP FILED IN BOOK 11, PAGE 16 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL lB: THE SOUTHERLY 10.00 ACRES OF THE FOLLOWING DESCRIBED PARCEL: Reclass No. $9-90-45 LOT 4 IN BLOCK 23 AND THE WESTERLY 9.92 ACRES OF LOT 3 IN SAID BLOCK 23 OF THE GOLDEN STATE TRACT, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 6? OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. THE EASTERLY LINE OF SAID 9.92 ACRES TO BE PARALLEL WITH THE DISTANT WESTERLY 217.50 FEET FROM THE EASTERLY LINE OF SAID LOT 3. EXCEPTING THEREFROM SAID 10.00 ACRES THAT PORTION DESCRIBED IN A DEED TO FREEWAY INDUSTRIAL CENTER, INC., A CALIFORNIA CORPORATION, RECORDED DECEMBER 12, 1960, IN BOOK 5544, PAGE 248 OF OFFICIAL RECORDS. ALSO EXCEPTING FROM SAID 10.00 ACRES, THAT PORTION DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 9, 1964, IN BOOK 68?5, PAGE 164 OF OFFICIAL RECORDS, into the "RM-1200(O)" RESIDENTIAL, MULTIPLE-FAMILY, OIL PRODUCTION OVERLAY, ZONE of the City of Anaheim, subject to the following conditions: 1. That the legal owner of subject property shall irrevocably offer to dedicate to the city of Anaheim a strip of land fifty-one (S1) feet in width from the centerline of the street along Frontera street for street widening purposes. 2. That a "lot line adjustment plat" shall be submitted to the Subdivision Section for review and approval by the City Engineer and then be recorded in the Office of the Orange county Recorder to combine the 2 (two) existing lots. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, 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 he date of this resolution, or such further time as the Planning Commission may grant. 4. 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 -2- 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 1st day of May, 1990. ATTEST~~L.~ '~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3673L 050290 -5- 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. 90R-146 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 90R-146 on the 7th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of May, 1990. 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. 90R-146, duly passed and adopted by the Anaheim City Council on May 1, 1990. CITY CLERK OF THE CITY OF ANAHEIM