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59R-5145 - ~ RESOLUTION NO. 5145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING .AND DETERMINING THAT A CHANGE OF 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 declaring 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 such public hearing to consider said proposed change of zone or zones, and did receive 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 in 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 14th day of April, 1959, as the time and the Council Chamber 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 opportunity to be heard and did receive evidence and reports, and did there- upon consider the recommendations of the City Planning Commission; and ,-. WHEREAS, the City Council does find and determine that a portion of 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 that portion of the hereinafter described property lying north of the north line of the Orange County Flood Control Channel, as shown on the Site Plan presented to the City Council and on file with the City of Anaheim, be changed from R-A, RESIDENTIAL-AGRICULTURAL ZONE to C-I, NEIGHBORHOOD-COMMERCIAL ZONE, upon the conditions hereinafter set forth, and that the balance of the property remain in R-A, RESIDENTIAL-AGRICULTURAL ZONE. That said property is described as follows: -1- F-58-59-65 T -" _. All that property and area situated in the City of Anaheim, County of Orange, State of California, described as: Commencing at a point 50 feet South of the center line of North West Street and West La Palma Avenue and 30 feet distant from the center line of North West Street and running Westerly a distance of 405.30 feet parallel to West La Palma Avenue; thence South at right angles to West La Palma Avenue a distance of 280.00 feet; thence at right angles parallel to West La Palma Avenue a distance of 430 feet, more or less; thence North- westerly along the Westerly right-of-way line of North West Street a distance of 293.00 feet, more or less, to the point of beginning. That that portion of said property lying north of the north line of the Orange County Flood Control Channel shall be changed to C-l, NEIGHBORHOOD-COMMERCIAL ZOWE, upon the following conditions: 1. That all buildings constructed on subject property shall be limited to one story in height. 2. That the owner of subject property place of record standard City of Anaheim C-l Deed Restrictions, approved by the City Attorney, which restrictions shall limit the C-l uses of the property to Medical and Dental Offices, Professional Offices, Pharmacies, Flower Shops, Coffee Shops, and Rest Homes; and shall limit all buildings constructed on the property to one story in height. 3. That all operations in relation to the proposed coffee shop to be located on subject property be carried on within the confines of the building. 4. That all engineering requirements of the City of Anaheim, along La Palma Avenue and West Street, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other pertinent work be complied with as required by the City Engineer and in accordance with plans and specifications on file in the office of said City Engineer. S. That the owner of subject property construct a 6-foot masonry wall along the westerly property line. 6. That the owner of subject property obtain from the Orange County Flood Control District and furnish to the City of Anaheim the location and description of the property and area to be taken for the Flood Control Channel. .-- 7. That any and all drive accesses immediately adjacent to the Orange County Flood Control Channel conform to the requirements of the City Engineer and that all plans therefor be approved by said City Engineer. -2- - ,-- 8. That Conditions 2, 4 and 6 above mentioned be complied with within a period of 90 days from date hereof or such further time as the 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 amendment to Article IX, Chapter 2 of the Anaheim MUni- cipal Code to amend said Anaheim Municipal Code to accomplish the object herein found and determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 14th day of April, 1959. ~1Io~ ATTEST: ~ / '----- \--- / ' . · ~oArilt ~OY~EIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIJIII ) I, DENE JIll. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of April, 1959, by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson 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 April, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of April, 1959. ~ ~~~.. E i-- THE~EIJIII (SEAL) -3- -