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1961-7353RESOLUTION NO. 7353 A RESOLUTION OF THE CITY OOUNCIL 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 BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted resolutions in Reclassification Proceedings Nos. 60 -61 -96 and 61.62.30, re- commending 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 in each of said proceedings, in the manner and as prescribed in Title 18 of the Anaheim Municipal Code, and after having duly held and conducted such public hearings to consider said pro- posed change of zone or zones, and after having received evi- dence and reports from persons interested therein; and WHEREAS, within a period of forty (L10) days following the hearing in each of said reclassification proceedings, the Planning Commission did duly announce by formal resolutions 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 resolutions, summaries of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix a time and place for a public hearing upon each of said proposed amendments to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incorporation thereof in the zone or 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 times and places fixed for said public hearings, the City Council did hold and conduct such public hearings and did give all persons interested therein an oppor- tunity to be heard and did receive evidence and reports and did thereupon consider the summaries of evidence presented at said public hearings before the Planning Commission, its reports of findings, and recommendations; and WHEREAS, it is deemed essential that the entire pro- perties in these proceedings be considered as an integrated unit for development; and owners of WHEREAS, the /residential properties abutting the alley separating the property under consideration and the subject of this action have agreed to the construction of a wall on their properties to separate the commercial and residential properties; 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; 60 and 61 -62 -30 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 the following des- cribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: Lots 1 to 8, both inclusive, of Tract No. 1635, and those portions of Lot 98 of Tract No. 1635 described as follows: Parcel 9. The West 62.5 feet of the East 125 feet of Lot 98 of Tract No. 1635. Parcel 10. The West 65 feet of Lot 98 of Tract No. 1635. Tract No. 1635, above referred to, is shown on a map recorded in Book 46, Pages 1 and 2 of Miscellaneous Maps, Records of Orange County, California. be excluded from the R -1, ONE FAMILY RESIDENTIAL ZONE, and incorporated in the C -1, NEIGHBORHOOD COMMERCIAL ZONE, upon the following conditions: 1. That the entire property or area above described shall be developed in accordance with Precise Plan Study, Exhibit No. 5, on file with the City of Anaheim. 2. Recordation of C -1, NEIGHBORHOOD COMMERCIAL ZONE, Deed Restrictions limiting the use of subject property to business and professional offices only and limiting the height of any structures to one story. 3. Installation of a six -foot masonry wall where said wall does not exist along the easterly boundary of the alley abutting Lots Nos. 1 through 8, except for the provision of trash storage area openings to permit the pickup of rubbish from the lots abutting the east side of the alley, and except for the provision of heavy -duty gates to provide for pedestrian or vehicular access to said alley from the lots abutting the easterly boundary of the alley, and the provision of a six -foot masonry wall along the east property line of Parcel 9. Plans for said walls to be subject to review by the Architectural Committee and to be constructed the full distance as indicated on Exhibit No. 5, except on any properties where the owners of said property file a written waiver of the installation of said wall. 4. Dedication of 53 feet from the monumented center line of Placentia Avenue for Lots 1 to 8, both inclusive, and Parcel 10. Recordation of private ten (10) foot wide access drives between Lots Nos. 3 and 4, and Lots Nos. 5 and 6, from Placentia Avenue to the existing alley to the rear of subject Lots Nos. 1 to 8, both inclusive. Dedication of access rights to Placentia Avenue for Lots Nos. 1 to 8, both inclu- sive, and Parcel 10, with the exception of the two ten -foot wide drives, and dedication of access rights. -2- to Underhill Avenue on Parcels 9 and 10. Further, subject to the dedication by the owners of access rights to be drawn up by the private parties to run in favor of Lots Nos. 1 to 8, both inclusive, as to access to the two dedicated driveways, so that the lots on which the driveways are located will not have complete control and cannot shut off the access to all except themselves. 5. Concrete paving and provision of tree wells or landscaping, including street trees, of the parkway portion of the street and highway rights of way abutting Lots Nos. 1 through 8 and Parcels 9 and 10, and the landscaping of the front yard of Lots Nos. 1 through 8 and Parcels 9 and 10, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance, and to be installed prior to final building inspection. The maintenance of all landscaping required on the subject lots shall be considered a condition of use of subject lots. 6. Provision of enclosed trash storage areas, subject to the approval of the Director of Public Works and Superintendent of Streets, at the rear of Lots Nos. 1 through 8 and Parcels 9 and 10, adequate in size to contain all trash within the enclosure, prior to final building inspection. There shall be no outdoor storage of materials under any circumstances. 7. All signs and advertisements located on the indivi- dual properties on Placentia Avenue and on Underhill Avenue, and visible from these two streets, shall be limited to one (1) free standing sign with a maximum of eight (8) square feet of area. The signs on all properties shall be of a uniform nature, subject to the approval of the Architectural Committee. No flags, banners, lighted signs, billboards, or rotating devices shall, under any circumstances, be permitted. 8. Removal of driveway aprons on Parcels 9 and 10, and replacement with standard curbs and gutters, in accord- ance with the approved standard plans on file in the office of the City Engineer. 9. Conditions Nos. 2, 3 and 4, hereof, shall be complied with by the owners of all lots or parcels within 180 days from date hereof, or this action shall be rescinded. 10. After compliance with Condition No. 9 hereof, the owner or owners of each lot orpar:cei of property shall submit to the City Council a plan of develop- ment substantially in accordance with Exhibit 5, and in accordance with the conditions herein set forth. Upon approval by the City Council of the plan of development as to each lot or parcel, the City Attorney shall prepare an ordinance amending Title 18 in accordance with this resolution as to such lot or parcel. -3- THE FOREGOING RESOLUTION is approved and signed by me this 14th day of November, 1961. AT T: C CLER OF THE ITC OF ANAHEIM 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 passed and adopted at a regular meeting of the City Council held on the 14th day of November, 1961, by the following vote of the members thereof: (SEAL) 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 November, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of November, 1961. G e CITY CLERK OF THE CITY OF ANAHEIM