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2000-219RESOLUTION NO.2000R_219 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. 2000-00029 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 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: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, 0 0 rn rn H r~ C) c~ H 0 . ~ o ~ · bOOOb mOOoH [ ~ Z ~ O~Z ~ 00~ QH ~ 0 ~ H 0 ~ ~ 0 ~ ~ ~ ~~ ~ ~ ~ oO ~ ~0 Z ~ H ~ ~ ~ ~ ~ 0 ~ ~ ~ 0 ~0 I 0 ~0 ~0~0 Z~O ~ m~Z ~ ZZ ~ ~ Z~ ~ 0 ~~ ~©Z 0~ ~ ~ o> 0~ ~ 0 ~ ~H H r,, Z HZ0 Z H ~0~ O O~ Z~ DH ~Z~O~ 0 ~O~D~ · ~ZO Z~H 0 Z ~ ~H ~ ~ ~ Z ~ Z~ 0 ~Z N~ ~Z~ ~ ~~Z 0 O~OH ~ ~ O~ H Z Z~O ~ ~ ~" ~ ZZ~ ~0 ~ 0~ ~ ~ 0~ 0~0 ~ ~m ~ O ~0~ H H ~O~Z~ H ~ ~ O ~ H~O0 ~>~ ZZ~ ~ZH~ 0~O 0~ ~00~ ~©~ ~ ~0 ~00 0 ~ZOHO~ 000~0~ ~0~ O~OH 0~ ~ ~0 ~00 HO> H~ZOO~ 0 0 O~Z ~0~ 0 ~000~ 0BZO~ HOHZ~. OH~©~M HO NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHWESTERLY, WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 111.01 OF THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82- 221347 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY; and into the "RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay)" ZONE of the City of Anaheim, subject to the following conditions: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That completion of these reclassification proceedings is contingent upon adoption of General Plan A~nendment No. 2000- 00380 (to redesignate this property from the Commercial Professional land use designation to the Hillside Low-Medium Density Residential land use designation) by the City Council. 3. That the legal owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit Nos. 3423 (to permit a commercial retail center with building heights in excess of 35 feet, a service station and a freestanding drive-through restaurant with waiver of minimum landscaped and structural setbacks), Conditional Use Permit No. 4096 (to permit a planned commercial office and light industrial complex with waivers), Tentative Parcel Map No. 98-234 (to establish an ll-lot subdivision) and Reclassification No. 98-99- 10 (to reclassify the property from the RS-A-43,000(SC) and CL(SC) Zones to the CO(SC) Zone). 4. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1, 2 and 3, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. 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 -5- 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. 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. THE City Council of 2000. FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 10th day of October, ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MAYO/R~OF~Y~OF AHEIM 37425.1 Re¢lass No. 2000-00029 -6- 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. 2000R-219 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of October, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of October, 2000. ITY CLEI~K OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-219 was duly passed and adopted by the City Council of the City of Anaheim on October 10th, 2000. C(TY'CLER~;, OF THE CITY OF ANAHEIM