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1955-2972RESOLUTION NO. 2972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE O1F ZONE IS NECESSARY IN CERTAIN AREAS OF THE CITY AND THAT ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED TO ACCOMPLISH SAID CHANGE OF ZONE. WHEREAS, the City Planning Commission of the City of Anaheim has heretofore duly passed and adopted a resolution de- claring its intention to change the boundaries of the zone or zones hereinafter mentioned 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 conduct two public hearings to consider such proposed change of zone or zones and did re- ceive evidence and reports from persons interested therein; and WHEREAS, within a period of forty (40) days following the final hearing thereon, the Planning Commission did duly announce by formal 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 of the boundaries of the zone hereinafter mentioned and described; and WHEREAS, upon receipt of the report and recommendation of the City Planning Commission, the City Council did thereupon fix the 11th day of October 19 55 as the time and the Council Chambers 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 thereof in the manner and as provided in said Article IX, Chapter 2 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportu- nity to be heard and did receive evidence and reports and did thereupon consider the recommendations of the City Planning Commission; and did close said hearing and declare that action would be taken at a later date; and WHEREAS, the City Council does find and determine that the property and area proposed to be changed from the zone in which it is now situated to a different zone as hereinafter set forth, is more suitable for the zone or zones to which it is proposed to change said property and area and that the inclusion of said property and area in such new zone or zones will increase the value of said property and area and will not depreciate the values of property in adjoining zones. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all of the property and area situated in the City of Anaheim, County of Orange, State of California, de- scribed as follows, to wit: P ILCEL 1: Approximately and 6 of South Placentia recorded in Book 5, Page Records of Orange County portions conveyed to the -1- 11-1/2 acres in Lots 4, 5 Tract ;r2, as shown on a map 42 of i Maps, California, excepting State of California. PARCEL II: County of Orange. That portion of Lot 5 of South Placentia Tract No. 2 as shown on a map recorded in Book 5, Page 42 of Miscel- laneous Maps, records of Orange County, Cali- fornia, described as follows: Beginning at an angle Point on the center line of the street extending along the Easterly side of said Lot 5, saia street is commonly known as Placentia Avenue, and running thence North 13° 56' 30" East along said center line of Placentia Avenue 132.80 feet; thence North 81° 26 20" West 177,20 feet; thence South 1° 08 10" East 246.69 feet to a point on the center line of Placentia Avenue; thence North 56 31 40" East along said center line, 165.86 feet to the point of beginning. be changed from R-A, RESTDENTIAL-AGRICULTURAL ZONE, to C-1, NEIGHBORHOOD COMMERCIAL ZONE, subject to the following condi- tions and restrictions: 1. That the use of the property be restricted to the uses set forth in the C-1, NEIGHBORHOOD COMNERCIAL ZONE, excluding R-3, Multiple Family Residential Zone, funeral parlors and wedding chapels. 2. That all plans and specifications for build- ings to be erected on the property shall be subject to approval of an Architectural Com- mittee consisting of the following: (a) One representative of the present owners, their heirs or assigns. (b) One representative of the City appointed by the City Council. (c) A neutral party having knowledge of good planning and architectural design to be selected by the owner and the representa- tive of the City of Anaheim. This committee shall review the plans and speci- fications for structural requirements, archi- tectural design, building locations, parking facilities, and other matters included within the deed restrictions. One set of plans shall be signed by each of the Architectural Com- mittee and filed with the Building Inspector of the City of Anaheim, 3. That all buildings shall be masonry or similar fire resistant materials. 4. That the architectural design must be such that the buildings will retain a definite character in keeping with each other. 5. That no building shall be used for residential Purposes unless rezoned. 6. That a minimum of of said property, ex- clusive of streets, is to be maintained for customer and service parking. -2- 7. That no wall or fence shall enclose any portion of the customer parking `area 'to 'the exclusion of adjacent parking areds. 8. That these restrictions shall expire twenty -five years from date hereof. That said reclassification shall also be made subject to the following conditions: ATTEST: 1. The installation of full street improvements on Cypress Street and Placentia Avenue, both of which will be 100 -foot rights -of -way, with curb lines set at 41 feet from the center lines of both streets. 2. That clearance permits shall be obtained from the State Highway Department before building permits are granted. 3. That said C -1 reclassification may be c ganged by the City Council of the City of Anaheim, without any objection from the owners of subject property, their heirs, executors, successors or aesigns, if no substantial de- velopment of said property for C -1 uses is commenced within two (2) years from date hereof. L. That the owners of subject property enter into an agreement with the City of Anaheim in which the conditions herein set forth shall be in- corporated. 5 That said than ,;e of zone shall not become ef- fective unless, within sixty (60) days, or such further time as the Council may grant, the restrictions herein required to be imposed upon the property shall have been executed by the owners of the property, submitted to the City for approval and filed of record, nor until deeds for street widening or utility purposes, when repaired, shall have been executed and delivered to the City, and the agreement hereinabove mentioned shall have been executed and a copy thereof filed with the City. BE IT FU TT-E RESOLVED that the City Attorney be, and he is hereby, authorized 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 Anaheim Municipal Code to accomplish the object herein found and determined to be neces- sary and proper. THE FOREGOING RESOLUTION is signed and approved by me this 25th day of October, 1955. CITY CLERK OF THE CITY OF ANAHEIM. _3- et r fYOR OF THE 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 adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of October, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. 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 25th day of October, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of October, 1955. CITY CLERK OF THE CITY OF ANAHEIM