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63-0970A 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 BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceed- ings No. 63 -64 -30 to consider an amendment to Title 18 of the Anaheim Municipal Code 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 evi- dence 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 reso- lution containing a report of its findings, a summary of the evidence presented at said hearing, and a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings, and recommendation of the City Planning Commission the City Council did fix the 29th day of October, 1963, 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 hear- ing, and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and t DrEAS, the City Council did on November 5, 1963, adopt Resolution No. 63R -866 finding and determining that the admendment to Title 18 of the Anaheim Municipal Code should be adopted excluding a portion of the property in Reclassification Proceedings No. 63 -64 -30 from the zone in which it was situated and incorporating it in the C -1, NEIGHBORHOOD- COMMERCIAL ZONE, as more particularly set forth in said resolution, and that action on the remainder of said property, being the property hereinafter described, should be deferred to December 10, 1963; and RESOLUTION NO. 63R•970 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, -1- 63 -64 -30 being a portion of the property in Reclassification Proceed- ings No. 63- 64 -30, 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 described property, situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of lot 35 of Anaheim Extension in the City of Anaheim, as shown on a map of survey made by William Hamel, and filed for record in the Office of the County Recorder of Los Angeles County, California, and being a portion of the southerly five and one -half acres thereof, described as follows: Commencing at a stake marked W.N.H. and H.C.K. on the South line of section nine, in Township 4 South, Range 10 West, San Bernardino Base and Meridian, the same being the southwest corner of a 20 acre tract of land sold by D.W.C. Cowan to Dr. William N. Hardin, by deed recorded in Book 34, Page 457, deeds, records of Los Angeles County, California, running thence North, 1024.0 feet, more or less, to an old corner post marked H.C.K.; thence East, 363.7 feet; thence South, 1024.0 feet, more or less, to the South line of said section nine; thence West, 363.7 feet to the point of beginning. Excepting therefrom, that portion as granted to the State of California, by deed recorded February 3, 1956, in Book 3381, Page 147, Official Records, in the Office of the County Recorder of Orange County, described as follows: Beginning at a 4 inch by 4 inch redwood stake on the South line of said section nine, 2948.88 feet East of the southwest corner of said section; thence North 1 6' 10 West, 184.40 feet; thence South 86 48' 50 East, 58.78 feet; thence South 56 30' 38 East, 70.45 feet; thence South 24 31' 2" East 98.06 feet; thence South 1 7' 50" East 50.00 feet to a point on the South line of said section; thence along said South line, South 88 52' 10" West, 26.19 feet; thence continuing along said South line, South 88 53' 50" West, 129.42 feet to the point of beginning. Also excepting therefrom, that portion described as follows: Beginning at an old corner post marked H.C.K.; running thence East, 363.7 feet; thence South, 365,30 feet; thence West, 363.7 feet; thence North, 365,30 feet to the point of beginning. Also excepting therefrom that portion lying southerly and westerly of the following described line: Beginning at a point lying South, 703.30 feet from an old corner post marked H.C.K.; running thence East, 140.0 feet; thence South, 14.00 feet; thence East, 223.7 feet to a point, said point being East, 363.7 feet and South, 717.30 feet from said old corner post. be excluded from R-A, RESIDENTIAL-AGRICULTURAL ZONE, and incor- porated in R-3, MULTIPLE-FAMILY RESIDENTIAL ZONE, upon the following conditions: 1. That a final tract map of subject property shall be recorded in the Office of the Orange County Recorder. 2. That subject property shall be developed substan- tially in accordance with approved drawings on file with the City of Anaheim, marked "Exhibit No. 1, Revision No. 3," stamped and approved December 10, 1963; but such development shall be subject also to review of complete detailed elevation and construction plans by the Development Review Board, prior to the issuance of a buildin2 permit. 3. That tree wells shall be provided at approximately 40-foot intervals in the Pearl and Diamond St parkways abutting subject property as well as in the proposed new street parkways on the westerly property line; that plans for said tree wells and the plantings therein shall be submitted to and approved by the Superintendent of Parkway Maintenance and that said tree wells shall be planted with trees prior to final building inspection 4. That the property described and acted on in this resolution and the property acted on in Resolution No. 63R-866 shall be developed as a single develop- ment; that all phases shall be developed concurrently; and that the construction of the R-3 development shall commence prior to final building inspection of the C-1 development, as stipulated by the petitioners, 5. That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 470 on subject property, 6. That Condition No. 1 above-mentioned shall be complied with within a period of 180 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 tobe necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this lOth day of 19 ATTEST: (SEA 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 day of December 19_11_, by the following vote members thereof: AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Schutte. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lOth day of December 19 63 IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of the City of Anaheim this 1nt-1, day of December 19 63 LERK OF E CIZ F AN HE M