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90-054 RESOLUTION NO. 90R-$4 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 T~T THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. W k~REAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 89-90-23 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 denied 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 WttEREAS, 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: A PORTION OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: RECLASS 89-90-23 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORIH 0 DEG. 40' 20" EAST 669.60 FEET ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEG. 43' 50" EAST 339.00 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTH 0 DEG. 33' 10" WEST 668.87 FEET TO THE SOUTH LINE OF SAID LOT 7; THENCE NORTH 89 DEG. 51' 10" WEST 340.4~ FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THE WEST 150.00 FEET THEREOF. ALSO EXCEPT THE NORTH 300.00 FEET THEREOF. ALSO EXCEPT THEREFROM AN UNDIVIDED 4/5ths INTEREST IN THE SOUTH 50.00 FEET OF THE EAST 12.5 FEET OF SAID LAND, into the "RS.2400" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That street lighting facilities along Katella Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to the introduction of an ordinance rezoning subject property. The above-required improvements shall be installed prior to occupancy. 2. That a fee shall be paid to the City of Anaheim for tree planting along Katella Avenue in an amount as established by City Council resolution. 3. 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 the 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. -2- RECLASS 89-90-23 BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby £ind 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 £inal judgment o~ any court o£ 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 13th day of February, 1990. A~R ~F THE CITY ~F~ ATTEST: CITY CLERK OF THE C TY OF ANAHEIM JLW:db 3515L 021690 -3- RECLASS 89-90-23 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-54 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Kaywood and Hunter NOES: COUNCIL MEMBERS: Ehrle and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-54 on the 26th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 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-54, duly passed and adopted by the Anaheim City Council on February 13, 1990. CITY CLERK OF THE CITY OF ANAHEIM