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63-1023RESOLUTION NO. 63R -1023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED, WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution recommending denial of a change in the boundaries of the zone or zones hereinafter mentioned and described, after having fixed a time and place for the holding of a public hearing thereon in the manner and as prescribed in Title 18 of the Anaheim Municipal Code, and after having duly held and conducted such public hearing to consider said proposed change of zone or zones, and after having received evidence and reports from persons interested therein; and WHEREAS, within a period of forty (40) days following the hearing thereon, the Planning Commission did duly announce by formal resolution its findings of facts and declare its opinions and reasons for recommending denial of said proposed change in the boundaries of the zone or zones hereinafter mentioned and described; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Plan- ning Commission, the City Council did fix the 26th day of November 1963, as the time, and the City CZUFFil Chamber in the City dial 1Tn the City of Anaheim as the place for a public hearing upon said proposed amendment to Title lb of the eeinaheem Municipal Code, and the exclusion of said prope r t y, described, from the zone in which it is now situated and the incorporation thereof in the zones hereinafter set forth; and did give notice thereof in the manner and form as provided in said Title 18 of said Anaheim Municipal Code; 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 there- upon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendations; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 or zones as hereinafter set forth; NOW, THEREFORE, BE ITB o RESOLVED Anaheim CMunicipaliCode the City of Anaheim that Title i be, and the same is hereby amended, and that all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows: 63 -64 -48 Portion "A That portion of the East half of the Northeast Quarter of the Southeast Quarter of Section 12, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a map recorded in Book 51, page onty California, described Records Orange dasfollows: Beginning at the center line intersection of Lincoln Avenue (formerly Anaheim -Olive Road) and Rio Vista Street. The center line of said Rio Vista Street also being the easterly line of the Southeast quarter of said Section 12. Thence North 1 03' 49' East, along the center line of Rio Vista Street, a distance of 210.00 feet to the true point of beginning; thence continuing along said course, North 1 03' 89° East, a distance of 268.70 feet; thence North 89 14' 48" West parallel with the North line of the Northeast Quarter of the Southeast Quarter of said Section 12 a distance of 427.00 feet; thence South 28 57' 57�' West a distance of 263.44 feet to an angle point on the Northeasterly Right -of -day line of State of California freeway Right of -way; thence South 60 47' 47" East; along said northeasterly Right -of -way line a distance of 270.12 feet to an angle point in said Northeasterly Right of -way line; thence continuing along said Northeasterly Right -of -way line South 78 01' 24" East, parallel with the center line of Lincoln Avenue a distance of 122.83 feet; thence North 1 03' 49' East, parallel with the center line of Rio Vista °Street 24" a distance of 153.99 feet; thence South 78 01' 24 East, parallel with center line of Lincoln Avenue, a distance of 195.00 feet to the true point of beginning. Portion "B That portion of the East half of the Northeast Quarter of the Southeast Quarter of Section 12, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, 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 center line intersection of Lincoln Avenue (Formerly Anaheim -Olive Road) and Rio Vista Street, the center line of said Rio Vista Street also being the easterly line of the Southeast Quarter of said Section 12. Thence North 1 03' 49" East, along the center line of Rio Vista Street, a distance of 478.70 feet to the true point of beginning; thence North 89 14' 48" West parallel with the North line of the Northeast Quarter of the Southeast Quarter of said Section 12 a distance of 427.00 feet; thence South 28 57' 57" West a.distance of 263.44 feet to an angle point on the Northeasterly Right of way line of State of California Freeway Right -of -way; thence North 46 25' 39" West, along said Northeasterly Right -of -way line, a distance of 151.35 feet to the West line of the East of the Northeast Quarter of the Southeast Quarter of Section 12; thence North 1 05' 36" East, along said West line, a distance of 713.27 feet to the North- west corner of said east half; thence South 89 14' 48" East, along the north line of said East half a distance of 661.48 feet to the northeast corner of said East half and the center line of Rio Vista Street; thence South 1 03' 49" West, along said center line of Rio Vista Street, a distance of 584.00 feet to the true point of beginning. be excluded from R -A, RESIDENTIAL AGRICULTURAL ZONE, and incor- porated in the following zones, upon the conditions hereinafter set forth: That Portion "A" of the real property hereinbefore described shall be changed to C -1, NEIGHBORHOOD COMMERCIAL ZONE; and That Portion "B" of the real property hereinbefore described shall be changed to R -3, MULTIPLE- FAMILY RESIDENTIAL ZONE. That said change of zones shall be made upon the following conditions: 1. That a Final Tract Map of subject property shall be submitted to the City Council for approval, and recorded in the Office of the Orange County Recorder; or, if a tract map is not recorded, the following conditions shall be complied with: (a) That the owners of subject property shall deed to the City of Anaheim a strip of land 55 feet in width, from the center line of the street, along Lincoln Avenue for street widening purposes. (b) That the owners ofd subject stri p of t land shall 45 feet to the City of Ana P in width, from the center line of the street, along Rio Vista Street for street widening purposes. (c) That the owners of subject property shall deed to the City of Anaheim strips of land for street purposes, as shown on plans on file with the City of Anaheim marked "Exhibit #1, Revision #1," including 15 -foot radius corner returns at Rio Vista Street. (d) (1) That all engineering requirements of the City of Anaheim along Lincoln Avenue, Rio Vista Street and the newly dedicated streets, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall n bcomplied with as required by the City Engineer and accordance with standard plans and specifi- cations on file in the Office of the City Engineer; and (2) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. (e) That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Lincoln Avenue, Rio Vista Street and the newly dedicated streets, for street lighting purposes. That all vehicular access rights, except at street and /or alley openings, to the proposed freeway frontage and Rio Vista Street, except for Portion "A," shall be dedicated to the City of Anaheim. That the owners of subject property shall pay to the City of Anaheim the sum of l5 per front foot along Rio Vista Street, Lincoln Avenue and the newly dedicated streets, for street trees. 2. That subject property shall be developed sub- stantially in accordance with plans and specifi- cations on file with the City of Anaheim marked "Exhibit #1, Revision #1," and "Exhibit #2." 3. That the owners of subject property shall place of record City of Anaheim C -1 Deed Restrictions covering Portion "A" of subject property, approved by the City Attorney, which restrictions shall limit the use of the property to business and professional offices and a restaurant only. 4. That the access from Lincoln Avenue shall be for entrance purposes to subject property only. 5. That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 492. That an amendment to the General Plan of the City of Anaheim shall be adopted prior to the adoption of an ordinance reclassifying subject property. 7. That Condition No. nd,Condition for No 3 above- filing of a Final Tract Map, and shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of December 19 63 ATTEST: CI CLE K OF HE CI STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM J$ec ember SEAL)) AYES: NOES: ABSENT: Y OF ANAHEIM I, DENE Anaheim, do hereby passed and adopted City Council held on the 17th by the following vo M. WILLIAMS City Clerk of the City of certify that the foregoing resolution was at a regular meeting of the day of December 9 19 63 to of the members thereof: COUNCILMEN: COUNCILMEN: COUNCILMEN: AND I FURTHER CERTIFY that the Mayor of the City Anaheim approved and signed said resolution on th 17th December 19 63 IN WITNESS WHEREOF, I have hereunto affixed the seal of the City of Anaheim this 19 63 OR OF THE ,ITY OF NAHEIM Dutton, Chandler, None. Krein. Schutte and Coons. set my hand and 17th day of of day of CI CLERK OF THE CITY OF ANAHEIM