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58R-4900 - -- R!SOLUT ION NO. 4900 A RESOLUTION OF THE CITY COUNCIL OF TM! CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE IS N!CES'SI\RY IN CERTAIN AREAS OF THE CITY, AND THAT ARTICLE IX, CHAPTER 2 OF THE ANAHEIM MUNICIPAL COD! SHOULD BE AMENDED TO ACCOMPLISH SAID CHANGE OF ZONE" AND RESCINDING RESOLUTION NO. 4857. WH!R.EAS, the City Planning Commission of the City of Ana- helm haa heretofore duly passed and adopted a resolution declaring its Intention to change the boundaries of the zone 01' zones herein~ atter mentioned and delcribed and did fix a time and place for the holding of a public hearing thereon in the manner and al prelcribed in Article IX, Chapter 2 of the Anaheim Municipal Code, and did duly hold and conduct such public hearing to consider said proposed change ot 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 fo~l re.olution its findings of facts and declare its opinions and re,lonl for recommending an amendment to said Article IX, Chapter 2 of the Anaheim Municipal Code to effect the proposed chang.. in the boundaries of the zone hereinafter mentioned and describedJ and WHEREAS, upon receipt of the report and recommendation of the City Planning Commission, the City Council did thereupon fix the ...-l...UJl..-day of N!I2J!:rtfer, 19 S8 , as the time and the Counc i1 ~in the city Ha of the City of Anaheim as the place for a ~)lic 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 hear~ ing, the City Council did duly hold and conduct such public h.aring and did give all persons interested therein an opportunity to be h..rd and did receive evidence and reports, and did thereupon con- sider the recommendation. of the City Planning Commi.slonJ and WHEREAS, the City Council does find and determine that the property and area proposed to be changed from the zone in which it II now tltuated to a different zone, al herelnatter let forth, il more luitable for the zone or zones to which It is proposed to change said property and area and that the inclusion of .aid property and area In such n~ zone or zone. will Increase the value of laid property and area and will not depreciate the values of property In adjoining zones& NOW, THEREPORE, BE IT RESOLVED by the City Council ot the City ot Anaheim that all of the property and area situated in the City of Anaheim, County or Orange, State ot Calitornia, delcrlbed al follows, to wit: -- The Northerly 180 feet of that portion of the Northwest quarter {NWi> of the Northwest quarter {NW!> of Section 13, Township 4 South, Range 11 West, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, Page 11 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: -1- . . .' - ,-- Beginning at a point on the North line of said section North 890 41' IS" East 978.00 feet from the Northwest corner of said section; thence South 00 10' 15" East 1338.43 feet parallel with the west line of said section to a point on the South line of the North half (Nt) of the Northwest quarter (N#{) of said section, said point being North 890 37' 30" East 978.00 feet from the inter- section 0: said South line with the West line of said section; thence South 890 37' 30" West 141.30 feet along said South line; thence North 0010' 15" West 1338.59 feet parallel with the west line of said sec- tion to the North line of said section: thence North 890 41' 15" East 141.30 feet to the point of beginning; EXCEPT the North 66.00 feet thereof. be changed from R-A, RESIDENTIAL-AGRICULTURAL ZONE, to C-2, GENERAL-COMMERCIAL ZONE, upon the following conditions: 1. That the owners of subject property place of record standard City of Anaheim C-2 Deed Restrictions, ap~roved by the City Attorney, which restrictions shall prohibit the establishment and operation of bars in subject area. 2. That all engineering requirements of the City of Anaheim along Lincoln Avenue, 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 the City Engineer: and that said requirements be completed before final inspection is made of any buildings erected on subject property. -; ..J. That the buildings erected on subject property be set back a mlnlffium of 35 feet from the new South property line on Lincoln Avenue. L~. That the owner s of subject property deed to the City of Anahei~ a strip of land 30 feet in width, along the west side of subject property for an easement for street purposes. 5. That all engineering requirements of the City of Anaheim along said )0 foot easement on the West side of subject property, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other pertinent work, be installed by the property owner at the time of the develop- Hlent of the south portion of s aid property, and in accordance with standard plans and specifications of the City of Anaheim. .~ 6. That said chauge of zone shall not become effective unless, within ninety (90) days from date hereof, 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 unless the deed for said 3D-foot easement shall have been executed by the property owners and delivered to the City. -2- .- ,,-. 7. That the City Clerk be, and she is hereby authorized and directed to cause a certified copy of this re- solution to be placed of record in the Office of the County Recorder of Orange County, California. 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 Municipal Code to amend said Anaheim Municipal Code to accomplish the object herein found and determined to be necessary and proper. RESOLUTION NO. 4857, adopted November 11, 1958, is hereby rescinded. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of December, 1958. ATTEST: ~UoF~ ~ ,o~O l'/:;r.., ~~'r.?~ STATE OF CALIFORNIA ) COmrTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution vas introduced and adopted at an adjourned regular meeting provided by law, of the City Council of the City of Anaheim, held on the 2nd day of December, 1958, by the following vote: AYES: NOES: COUNCILMEN: Borden, Fry, Schutte and Coons COUNCILMEN: None , ABSENT: COUNCILMEN: Pearson ~<;Y' ~O AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of December, 1958. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of December, 1958. ~ ) ~- c-- . ~AT~~M. (SEAL) r- -3-