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1961-6666RESOLUTION N0 6666 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 14th day of E 1 961, as the time, and the City Council Chambers in the HallTn the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter 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 IT RESOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municipal Code 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: -1- F -11 Lots 130, 131 and 132 of Tract No. 1951 as per map recorded in Book 63, pages 4 and 5 of Mis- cellaneous Maps, in the Office of the County Recorder of Orange County, California; be excluded from R -1, ONE- FAMILY RESIDENTIAL ZONE, and incorporated in C -1, NEIGHBORHOOD COMMERCIAL ZONE, upon the following conditions: 1. That the owners of subject property place of record City of Anaheim C -1 Deed Restrictions, approved by the City Attorney, which restrictions shall limit the uses of the property to business, professional and real estate offices; pharmacies; medical and dental centers; banks; coffee shops or restaurants not to exceed seating capacity for 50 persons (no. drive -in, drive- through, or walk -up and no liquor); telephone answering services; book and stationery stores; confectionery, including ice cream sales; flower shops; barber or beauty shops; exhibit halls (no retail sales from floor); specialty gift shops; tobacco shops; photo shops; laundry agencies or clothes cleaning agencies; shoe repair shops; tailor shops; men's, women's and children's clothing shops; diagnostic laboratories; bakeries; studios related to permitted uses; interior decorators' studios; and toy and hobby shops. 2. That no buildings nor structures shall be used for both commercial and residential purposes. 3. That all buildings or structures erected on subject property shall be limited to one story in height and no single building shall exceed 4,000 square feet in floor area. 4. That off street arking shall be provided on the ba31,, of a minimum of 4 spaces per 1,000 square feet of gross floor area. 5. That the owners of subject property shall deed to the City of Anaheim a strip of land 50 feet in width,from the center line of the street, along Magnolia Avenue for street widening purposes. 6. That the owners of subject property shall deed to they City of Anaheim a strip of land 20 feet in width on and along the west side of said property for alley purposes. 7. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of, the street, along Ball Road for street widening purposes. 8. That the owners of subject roperty shall pay to the City of Anaheim the sum of $2.00 per front foot on all street frontage, for street lighting purposes, which amount shall be paid prior to the final reading of the ordinance reclassifying said property. -2- 9. That plans for the development of subject property shall provide for future improvement of the alley in the rear of said property to City ,.tandards, when various contiguous properties, having access to Rome Street or Ball Road, shall have been developed in accordance with the precise plan on file with the City. Interim paving and maintenance shall be pro- vided by the owners for isolated' groups. 10. That driveway access onto Magnolia Avenue shall be limited to the minimum number necessary, and L:, in- dicated on the precise plan on file with the City. 11. That sidewalks shall be installed by the owners of subject property to City standards, when various con- tiguous properties shall have been developed in ac- cordance with the precise plan. 12. That subject property shall be developed to conform to the site plan of development on file with the City of Anaheim, marked "Exhibit A," and by :•eference made a part hereof. 13. That final plans for the development of subject pro- perty shall be approved by the City Council prior to the reading of the ordinance reclassifying said property. 14. That a Faithful Performance Bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City, prior to the reading of the ordinance reclassifying said property guaranteeing the performance of the following items: (a) The removal of all structures on the lot to be devoted to parking, and the improvement of said lot in accordance with City standards. (b) The erection of a 6 -foot masonry wall and the installation of trees to buffer the homes to the west of subject property, the type and spacing of the trees to be approved by the City Parkway Maintenance Superintendent. (c) The improvement of all structures as indicated on the approved final development plans. 15. That Conditions Nos. 1, 5, 6 and 7, above mentioned, be complied with within a period of 90 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 determined to be neces- sary and proper. AT ST: CI` CLERK THE FOREGOING RESOLUTION is approved and signed by me 7 t OF IT s this 14th day of February, 1961. OF THE CITY OF ANAHEIM -3- MAYO E CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 14th day of February, 1961, by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of February, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of February, 1961. CITY CLERK OF THE CITY OF ANAHEIM