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59R-5675 RESOLUTION NO. 5675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AlIIAHEU1 FINDING AND DETERNINING 'fRAT A CHANGE OF ZONE IS NECESSARY IN CERTAIN AREAS OF THE CITY, Aim THAI' ARTICLE IX, CHAprrER 2 Of' 'THE ANAHEIM Yl~fNICIPAL CODE SHOULD BE AJV,ENDED 'fO ACCOMPLISH SAID CHANGE OF ZONEo WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution declaring its inten~ tion to change the boundaries of the zone or zones hereinafter men- tjoned and described and did fix a time and place for the holding of a public hearing thereon in the manner and as prescribed in Article IX, Chapter 2 of the Anaheim Municipal Code. and did duly hold and onduct su,~h public hearing to consider said proposed change of zone or zones. and did receive evidence and reports from persons interested therein, and WriEREAS, within a perjod of forty (40) days following the f'inal hearing thereon. the Planning Commission did duly announce by fomal resolution its findings of facts and declare its opinions and reasons for recommending an amendment to said Article IX. Chapter 2 of the Anaheim Municipal Code to effect the proposed changes in the hrylndaries of the zone hereinafter mentioned and described; and WHEREAS. upon receipt of the report and recommendation of ~h8 City Planning Commission, the City Council did thereupon fix the 8th day of December , 19 59 , as the time and the Council Chamber in the City Hall of the-cIty of Anaheim as the place for a public hearing upon said proposed change of zone, and did give notice thereor in the manner and as provided in said Article IX, Chapter 2 of the Anaheim Municipal Code; and WHEREAS., at tne time and pl.ace fixed for said public hear~ i ng, the City Counei 1 di.d duly hold and conduct such public hearing qnd did give all persons interested therein an opportunity to be r98rd and did receive evidence and reports. and did thereupon con- qider the recommendations of the City Planning Commission; and WHEREAS, the City Council does find and determine that the prop8rty and area proposed to be changed from the zone in which it is now situated to a different zone, as hereinafter set forth. is roore suitable for the zone or zones to which it is proposed to , han ge sai d property and area and t ha t the inc lusion of said property God area in such new zone or zones will increase the value of said prop8rty and area and will not depreciate the values of property in adjoining zones. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of' Anaheim that all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: The Easterly 96 feet of the Westerly 261 feet of all that portion lying Northerly of the Northeasterly line of the land deser ihed as Parcel 5 in the Li s Pendens recorded November 10, 1942 in Book 1170, Page 140 of Official Records, described as follows: Beginning at a point 606.95 feet East of the Southwest corner of the Southeast quarter of the Southwest quarter of Section 9, Township 4 South, Range 10 West, S.B.B. & 1'1.; thence North =1= F-59-60-48 parallel to the West line of said Southeast quarter of the Southwest quarter, 823.48 feet to the South line of the Anaheim Homestead Tract, as shown on a map recorded in Book 26, Page 10 of Miscellaneous Records of Los Angeles County, Cal ifornia; thence East along said South line 393.18 feet; thence South 821.59 feet to the South line of said Section 9 and thence West 393.7 feet to the point of be9innin9, together with 8 feet parallel and adjoining the East side. EXCEPTING THEREFROM the following: Commencing at the Southwest corner of said Southeast quarter; thence North 890 14' 25" East, 606.95 feet; thence North 00 !.jlJ' SOn \rJest, 661.64 feet along a 1 ine parallel with the West line of said Southeast quarter to the point of intersection with the Northeasterly line of land described as Parcel 5 in the Lis Pendens, re- corded in Book 1170, Page l1.~O of Official Records, said point of intersection being the true point of beginning; tllence continuing North 00 4ll-' 5011 West, 46.32 feet to a curve, concave Southwesterly, and having a radius of 3528.00 feet; thence Southeasterly, from a tangent which bears South 730 40' 5111 East, along said curve, through an angle of 20 27' 1211, an arc distance of 151.07 feet to a po int of tangency thereof wi th a curve, concave Southwesterly, having a radius of 2028.00 feet through an angle of 70 55' 36n, an arc distance of 280.57 feet to a point in the Easterly line of land described as Parcel 2 in deed to R.andolph C. fJjcKinley and wife re- corded March 7, 1946 in Book 1373, Page 584 of Official Records, distant thereon North 00 43' 1811 West, 77.70 feet from said Northeasterly line of the land described as Farcel 5 in the Lis Pendens; thence along said East- erly line, South 00 43' 1811 East 77.70 feet t~ said Northeasterly line; t~ence along said Northeasterly line, Northwesterly along a curve, concave Southwesterly, and having a radius ~f 00.00 feet, through an angle of 100 10' 40", an al'C distance of iJld~_.09 feet to said true point of beginnlnp. be changed from R-A, RESIDENTIAL-AGRICULTURAL ZONE to C-l, NEIGH80RHOuD-COMl'JLERC 1AL ZONE, upon the following condit ions: 1. (a) That the owners of subject property construct or install. s idewa1!{s along l'Ii Ish ire Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and (b) that a bond in an ammlnt and form satisfactory to the City of Pnaheim be posted with the City to guarantee the construction or installation of said sidewalks. 2. That the owners of subject property pay to the City of Anahe im t'le sum of $2.00 per. front foot for street lighting purposes. 3. That all buildin~ls erected on subject property be constructpd essentially in conformance with the plans this day submitted to the City Council and on file with the City of Anaheim. -~- L. That the owners of subject property place of record standard City of Anaheim C-l Deed Restrictions, approved by the City Attorney, which restrictions shall limit the C-l uses of said property to Banks, r1edical and Dental Offices, Pharmacies, Professional Offices, Non-Retail Service Businesses, and any uses, except Restaurants, which may hereafter be authorized and permitted under future zoning ot the City of Anaheim in the proposed C-7, Business and Professional Office Zones; shall limit all buildings erected on the property to one story in height; and shall require the following: (a) A IO-foot miniMum setback from the required 6-foot rear wall for landscaping and the plant- ing of trees to act as a sound barrier; (:J) That there be a 25-foot minimum rear yard build- in9 setbacl{; (c) That area liahtinq be maintained below the height of the 6-foot rear wall which is required at the rear of the property. 5. That all of the above conditions, with the exception of Conditions Nos. l(a) and 3, be complied with within a period of 90 days from date hereof, or such further time as the City Council may grant. BE IT FVriTHER RESOLVED that the City Attorney be, and he j s hen;by author ized and directed to prepare and submit to the City Council an amendment to Article IX, Chapter 2 of the Anaheim Municipal Code to amend said i\nahei;n I"lunicipal Code to accomplish the object herein found and determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of December, 1959. ATTEST: L- ~ (/1 ..V~ ~ cLE. elf fHE C 0 Em -3- SIATE OF CALIFORNIA) CO~NTY OF ORANGE ) 6 s . CITY OF ANAHE IM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 5675 was duly passed andadopt&d at a regular meeting of the City Council of th~ City of Anaheim, held on the 8th day of December, 1959, by the following vote of the members thereof; AYES: NOES: ABSENT: COUNCILMEN: Fry, Pearson,iThompson and Schutte COUNCILMEN: None COUNCILMEN: Coons AND I FURTHER CERTIFY that the Mayor of the City of Anahei~ approved and signed said Resolution on the 8th day of December, 1959. IN WITNESS WHGREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of December, 1959. J!~ h1 -y-~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL)