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1962-0524RESOLUTION NO. 62R -524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELA'7ING 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 did hold a public hearing in Reclassification Proceedings No. 61 to consider an amendment to Title 18 of the Anaheim Munlc pal Coke relating to zoning, 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 days following said hearing thereon the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence pre- sented at said hearing, and a recommendation that the proposed amendment be adopted by the City Council and that certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evi- dence, report of findings, and recommendation of the City Planning Commission the City Council did fix the 29th day of May 19 62 as the time and the City Council Chambers in the City Hall of 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 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 the 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 thereupon con- sider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings, and recom- mendation; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Ariaheim 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 the following des- cribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: Lots 121, 125 and 126 of Tract No. 1951, as shown on a map recorded in Book 63, Pages 1 and 5 of Miscellaneous Maps, Records of Orange County, California. -1- 61 -62 -97 be excluded from R -1, ONE FAMILY RESIDENTIAL ZONE and in- corporated in the following zones upon the conditions here- inafter set forth: That Lots 124 and 125 of said Tract No. 1951 be changed to C -3, HEAVY COMMERCIAL ZONE; and That Lot 126 of said Tract No. 1951 be changed to C -1, NEIGHBORHOOD COMMERCIAL ZONE, upon the following conditions: 1. That the owners of subject property shall place of record City of Anaheim C -3 Deed Restrictions on Lots Nos. 124 and 125 of Tract No. 1951, approved by the City Attorney, which restrictions shall limit the uses of said lots to service stations only or to business, professional and real estate offices; pharmacies; medical and dental centers; banks; coffee shops or restaurants not to exceed a seating capacity for 50 persons (no drive -in, drive through, or walk -up and no liquor); telephone answering services; book and stationery stores; confectioneries; 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, woments and children's clothing shops'diggndstic laboratories; bakeries; studios related to permitted uses; interior decoratorst studios; and toy and hobby shops, and shall limit the height of all buildings or structures erected on subject property to one story. Said re- strictions shall also provide that no single building erected on subject property shall exceed 4,000 square feet in floor area. 2. That the owners of subject property shall place of record City of Anaheim C -1 Deed Restrictions on Lot No. 126 of Tract No. 1951, 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 a seating capacity for50 persons (no drive -in, drive- through or walk -up and no liquor); telephone answering services; book and stationery stores; confectioneries; 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; men's, woments and children's clothing shops; tailor shops; diagnostic laboratories; bakeries; studios related to permitted uses; interior decorators' studios; and toy and hobby shops, and shall limit the height of all buildings or structures erected on subject property to one story. Said restrictions shall also provide that no single building erected on subject property shall exceed 4,000 square feet in floor area. 3. That no buildings nor structures shall be used for both commercial and residential purposes. -2- 4. That off street parking shall be provided on the basis of a minimum of four 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 the 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 Bali Road for street widening purposes. 8. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot on all street frontages, for street lighting purposes, which amount shall be paid prior to the final reading of the ordinance reclassifying said property. 9. That plans for the development of subject property shall provide for immediate improvement of the alley at the rear of said property to City standards. 10. That driveway accesses onto Magnolia Avenue shall be limited to the minimum number necessary and as indicated on the precise plan on file with the City, except for Lots Nos. 124 and 125. 11. That sidewalks shall be installed by the owners of subject property to City ttandards, when various contiguous properties shall have been developed in accordance 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 reference made a part hereof, except that Lots Nos. 124 and 125 shall be developed in accordance with Exhibits Nos. 1 and 2, and the existing residence on Lot No. 125 shall be removed prior to Final Building Inspection of the proposed service station on LotsNos. 124 and 125, and that plans for the ultimate development of Lot No. 126 shall be subject to approval of the Architectural Committee and in accordance with the conditions contained herein. 13. 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 erection of a six -foot solid masonry wall on the west side of the alley on the residential property, unless a written waiver is filed by the adjoining property owner, 14. and installation of at least two fifteen- gallon trees per residential lot to buffer the homes on the west side of subject prop- erty, unless a written waiver is filed by the adjoining property owner. b. The improvement of all structures as indi- cated on the approved final development plans. That Conditions Nos. 1, 2, 5, 6 and 7, above mentioned, shall 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 necessary and proper. THE FOREGOING RESOLUTION i; me this 29th day of May, 1962. roved and signed by 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 29th day of May, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein and Coons. NOES: COUNCILMEN: Chandler and Schutte. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of May, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of May, 1962. (SEAL) -4- Olt t CLE OF THE CITY OF ANAHEIM