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56R-3107 - .-., RESOLUTION NO. 3~07 r- " A RESOLUTION OF THE CITY C~UNCIL OF THE CITY OF ANAHEIM FINDING AND DET RMINING THAT A CHANGE OF ZONE IS NECESSAR IN CERTAIN AREAS OF THE CITY AND THAT ARTICIjE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL CODE !SHOULD BE AMENDED TO ACCOMPLISH SAID CHANGE qF ZONE; AND RE- SCINDING RESOLUTION NO. 26~5; AND FINDING THAT ORDINM~CES NO. 992 AN NO. 1012 SHOULD BE REPEALED AND A NEW ORDI ANCE ADOPTED. WHEREAS, heretofore, to wi~, on or about the lOth day of November, 1954, the City Plan4ing Commission did re- oeive an application from Centex Hom~s, Inc. for a ohange of zone, from an Agrioultural Zone to a,C-l Zone, of the South Half of the Southeast Quarter of the Southeast Quarter, and the Northeast Quarter of the Southea$t Quarter of the South- east Quarter of Seotion 17, Township 4 South, Range 10 West, in the Rancho Los Coyotes, County of ,Orange, State of California; and ~ WHEREAS, the City Planning Commission did fix Monday, the 6th day of December, 195~, at the hour of 2:00 o'clock P.M. as the time and place fQr the hearing of said application for a change of zone, and did give notioe thereot as required by the Anaheim Municipal Code and the laws of the State of California; and WHEREAS, on the 26th day of November, 1954, the City Planning Commission did receive its Staff Report reoommending that the Northwest corner of Ball R04d and Euclid Avenue, hav- ing a frontage along Ball Road of 435 feet and along Euclid Avenue of 765 feet, should be reolasSified from R-A, RESIDENTIAL- AGRICULTURAL ZONE, to C-l, NEIGHBORHOOD COMMERCIAL ZONE; and WHEREAS, on the 6th day of Deoember, 1954 the City Planning Commission did hold and conduct a publio hearing upon said applioation submitted by Centex Homes, Ino., and after hearing evidence and reports and duly oonsidering said appli- cation, and hearing all persons who appeared either in behalf of said application or in opposition thereto, the City Planning Commission did find and determine that only that portion of said property desoribed in the application situated on the Northwest corner of Ball Road and Euclid Avenue, consisting of 435 feet along Ball Road and 765 feet along E~olid Avenue, should be ohanged from R-A, RESIDENTIAL-AGRICULTURAL ZONE, to C-l, NEIGHBORHOOD COMMERCIAL ZONE, and did thereupon adopt its Resolution No. 59 -- Series 1954-55 recommending to the City Counoil of the City of Anaheim that $aid application for re- classification No. F-54-55-17 be approved for that portion of the property described in said appli~ation situated on the Northwest oorner of Ball Road and Eu~lid Avenue, extending for 435 feet along Ball Road and 765 feet along Euclid Avenue, and oontaining approximately 7.54 acres; and WHEREAS, upon reoeipt of said recommendation, the City Council of the City of Anaheim ~id fix the 28th day of December, 1954 as the time, and the Counoil Chamber in the City H~ of the City of Anaheim as t~e place for a public hearing upon said proposed change of. zone, and did give notioe thereof as required by the Anaheim Municipal Code -1- l- r.s7/ --00 - ~ 17 kl .- ~ r and the laws of the state of Califormia. That upon said 28th day of December, 19.54 the City Council did oonduot a publio hearing upon said application for zo~e change, and after hearing all persons, either in favor of or opposed to said application, and duly oonsidering th+ same did adopt Resolu- tion No. 260.5 finding and determinint that a ohange of zone was necessary; and WHEREAS, through error and inadvertence the entire paroel of property desoribed in saidiapplication for a change of zone was inserted in said resolution instead of the portion thereof situated on the Northwest Co ner of Ball Road and Euclid Avenue more particularly here.nabove desoribed; and WHEREAS, thereafter, to wit, on the 24th day of May, 1955, the City Counoil did adopt Ordtnance No. 992 ordering a ohange of zone on said entire parcel of property desoribed in the application for a change of zone, from R-A, RESIDENTIAL- AGRICULTURAL ZONE, to C-l; that the ~ntire parcel of property was desoribed in said ordinance thro~gh error and inadvertence; and WHEREAS, all of said parce~ of property desoribed in said applioation, except the portton thereof situated on the Northwest corner of Ball Road an~ Euclid Avenue herein- above described, is in the prooess of being ohanged to an R-3 Zone; and WHEREAS, thereafter, on th~ 6th day of September, 1955, the City Counoil did adopt Ord~nance No. 1012 amending said Ordinanoe No. 992, but through ~rror and inadvertenoe the property was erroneously desoribed in said Ordinanoe No. 1012; and WHEREAS, said property has since been subdivided into Tract No. 2377 and an official map d~ly approved and filed show- ing the subdivision of said parcel ot property; and that portion of the property hereinabove describe~ as being situated on the Northwest oorner of Ball Road and Eu~lid Avenue, extending 43.5 feet along Ball Road and 765 feet al~ng Euclid Avenue, is now known and described as Lots 236 and 237 of Tract No. 2377 in the City of Anaheim, County of Orang~, State of California, as per map thereof reoorded in Book 75, pages 29, 30, 31, 32, 33, 34 and 3.5 of Miscellaneous Maps, Records of Orange County, California; and WHEREAS, the City Council ~oes find that Resolution No. 2605 should be resoinded because of the erroneous dls- cription contained therein of the te~ritory to be rezoned, and that Ordinances No. 992 and No. 1012 should be repealed and a new Ordinanoe adopted directing a ohange of zone from R-A, RESIDENTIAL-AGRICULTURAL ZONE, to C-l, NEIGHBORHOOD COM- MERCIAL ZONE, for that portion of the property mentioned in the application hereinafter more particularly described. ".-. F NOW, THEREFORE, BE IT RESO~VED by the City Council of the City of Anaheim that Resolutiqn No. 2605 be, and the same is hereby, repealed and that all of the property and area situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: -2- ~ - .-, All of that portion of the property described in the applioation whioh i~ situated on the Northwest corner of Ball R~ad and Euclid Avenue and now described as Lots 236 and 2)7 of Traot No. 2377 in the City of Anaheim, County of Orange, state of California, as pe~ map thereof recorded in Book 75, pages 29, 30, )1, 32, 33, 34 and 35 of Miscellaneous Maps, Rec~rds of Orange County, California, . "be changed from R-A, RESIDENTIAL-AGR~CULTURAL ZONE, to 0-1, NEIGHBORHOOD COMMERCIAL ZONE, upon t~e following oonditions: r ~. r 1. That the owner or owners o~ the property deed to the City of Anaheim a stri~ of land 20 feet in depth along Ball Road, andia strip of land 20 feet in depth along Euclid:Avenue for street widening purposes. That all plans and specifiiations for buildings to be ereoted on the prope ty shall be subject to approval of an Arohiteo ural Committee con- sisting of the following: . (a) One representative of the owners, their heirs or assigns. (b) One representative of the City appointed by the City Council. (c) An arohiteot or desig*er designated by the owner or purchaser. 2. This committee shall ~eview the plans and specifioations for structural requirements, arohiteotural design, building locations, parking faoilities an~ other matters in- cluded within the dee~ restrictions, and one set of plans shall beisigned by each of the Arohitectural Committ,e and filed with the Building Inspector of the City of Anaheim. ). That all buildings with 9,~OO square feet or over under one roof shall be masonry or similar fire resistant material. All other buildings shall oomply with Fire Zon~ No. 2 requirements. 4. That the arohitectural des~gn must be suoh that the buildings will retain ~ definite character in keeping with each other. 5. That no building shall be ~sed for residential purposes unless rezoned. 6. That a minimum of 75% of the said property, exclusive of streets, is tp be maintained for oustomer and service parkipg. 7. That no wall or fence shall enclose any portion of the customer parking ar~a to the exclusion of adjacent parking areas.. 8. That these restriotions shall expire on Maroh 1, 1979. -3- --- .- ~ AND, BE IT FURTHER RESOLVED, that the City Attorney be, and he is hereby, authorized and direoted to prepare and submit to the City Council an ordina~ce amending Article IX, Chapter 2, of the Anaheim Municipal Oode to accomplish the objeot herein found and determined to be necessary and proper, and repealing Ordinances No. 992 and No. 1012. THE FOREGOING RESOLUTION ia approved and signed by me this 24th day of January, 1956. ( MAY R OF THE CITY OF ANAHEDl:. ATTEST: /1- ,-~'. 'L- J~ ~/ //h- ~/ CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Dene M. Williams, CitYJlerk of the City of Anaheim, do hereby oertify that the oregoing resolution was introduced and adopted at a reg ar meeting prOVided by law, of the City Council of the C ty of Anaheim, held on the 24th day of January, 1956, by!the following vote: AYE S: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Pear$on, Fry, Schutte, Wisser and Van Wagoner None~ None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said res~lution on the 24th day of January, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the citt of Anaheim this 24th day of January, 1956. Jil..." hr. ~J:::::~ ~ ~ CI . CLERK OF THE CITY OF ANAHEIM ( SEAL) .r' -4-