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96-186 RESOLUTION NO. 96R-186 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. 95-96-05 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 followinS 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 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 o~ California, to wit: THAT PORTION OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 8 WITH THE SOUTHERLY PROLONGATION OF THE CENTER LINE OF MULLER STREET, 60.00 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO THE CITY OF ANAHEIM, RECORDED NOVEMBER 1, 1957 IN BOOK 4089 PAGE 397 OF OFFICIAL RECORDS OF SAID ORA/qGE COUNTY, THENCE NORTH 0 DEG. 02' 24" WEST 835.43 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID CENTER LINE TO A RECLASS NO. 95-96-05 POINT SOUTHERLY 480.01 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT NO. 1775, AS PER MAP RECORDED IN BOOK 50 PAGE 15 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 37' 14" WEST 351.68 FEET PARALLEL WITH SAID NORTHERLY LINE TO THE EASTERLY LINE OF SAID TRACT NO. 1775; THENCE SOUTH 1 DEG. 16' 54" EAST 835.16 FEET ALONG SAID EASTERLY LINE TO SAID SOUTH LINE OF SAID SECTION; THENCE SOUTH 89 DEG. 31'00" EAST 333.59 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCELS 1 AND 4 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70691, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 28, 1958 IN BOOK 4242, PAGE 85 OF SAID OFFICIAL RECORDS, into the ~RM-3000" Residential, Multiple-Family Zone of the City of Anaheim, subject to the following conditions: 1. That the owner of the subject property shall submit a letter requesting termination of Conditional Use Permit No. 572 (establishing a non-conforming bowling alley with restaurant and cocktail lounge as a conforming use and expanding said use) and Variance No. 4215 (waivers of permitted residential structures, maximum structural height within 150 feet of a single-family zone, minimum structural setback abutting a single-family zone and minimum distance between parallel walls to construct a 74-unit, 2- story, detached condominium complex) to the Zoning Division. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition 1, above-mentioned, shall be completed. Notwithstanding compliance with the conditions of approval set forth in this resolution, 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 5ecome 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. 3. 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. 2 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 its sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of October, 1996. CITY CLERK 0020874.01 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. 96R-186 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of October, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-186 on the 22nd day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of October, 1996. 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 odginal of Resolution No. 96R-186 was duly passed and adopted by the City Council of the City of Anaheim on October 22nd, 1996. CITY CLERK Of THE CITY OF ANAHEIM