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56R-3232 .-", - -""". RESOLUTION NO. 32)2 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 hereto~ore duly passed and adopted a resolution de- claring its intention to change the boundaries of the zone or zones hereina~ter mentioned and desoribed and did fix a time and place ~or 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 oonduot two public hearings to oonsider suoh proposed change of zone or zones and did re- ceive evidenoe 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 announoe by formal resolution its findings of faots and declare its opinions and reasons for recommending an amendment to said Article IX, Chapter 2 of the Anahe~ Municipal Code to effect the proposed ohanges of the boundaries of the zone hereinafter mentioned and described; and WHEREAS, upon reoeipt of the report and recommendation of the City Planning Commission, the City Council did thereupon fix the 24th day of April , 19 5~ , as the time and the Counoil Chambers in the City Hall of the City of Anaheim as the plaoe ~or a public hearing upon said proposed change of zone and did give notioe thereof in the manner and as provided in said Artiole IX~ Chapter 2 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said publio hearing, the City Counoil did duly hold and oonduot suoh 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 o~ the City Planning Commission; and ._~,...... . WHEREAS, the City Counoil do~ find and determine that the property and area proposed to be ohanged from the zone in Whioh 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 suoh new zone or zones will inorease the value of said property and area and will not depreoiate the values of property in adjoining zones. NOW, THEREFORE, BE IT RESOLVED by the City Council of ~e 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: Traot No. 2820, the four lots adjoining this traot on the North and faoing on West Romneya Drive, and a lot located at 1004 West Romneya Drive. (The lot looated at 1004 West Romneya Drive is approximately 170 feet westerly of the four lots adjoining Tract 2820 to the north, and has frontage of approximately 100 feet on the south of Romneya Drive, and a depth of 238 feet.) ;Z-.i-S--~~ -::c. s- - be ohanged from R-l, SINGLE FAMILY RESIDENTIAL ZONE and R-A, RESIDENTIAL AGRICULTURAL ZONE to R-3 MULTIPLE FAMILY RESIDENTIAL ZONE, subject to the following oonditions and restrictions: .~ 1. That the owner or owners of subJeot property deed to the City of Anaheim 10 feet in depth along the South side of West Romneya Drive for street widening purposes. 2. That curbs and sidewalks be installed along West Romneya Drive as designated by the City Engineer. 3. That the following deed restriotions be placed of reoord covering Tract 2820 and the four lots adjoining this Traot on the north and faoing on West Romneya Drive: (a) All lots in the area shall be known and desoribed as residential or multiple- residenoe lots and shall be used for no other purpose. (b) No building shall be looated nearer than 20 feet to the front lot line or nearer than 15 feet to the side street line. In any event, no building shall be looated on any residential building plot nearer than 20 feet to the front lot line nor 5 feet to any side lot line. (0) No residential struoture shall be ereoted or plaoed on any building plot, whioh plot has a width of less than 60 feet at the front building setbaok line. (d) No noxious or offensive trade or aotivity shall be carried on upon any lot nor shall anything be done thereon which may be or beoome an annoyance or nuisance to the neighborhood. (e) No trailer, basement, tent, shack, garage, barn or other outbuilding ereoted in the area shall at any time be used as a residence temporarily or permanently, nor shall any struoture of a temporary charaoter be used as a residenoe. - (f) No dwelling shall be ereoted on any lot in the area unless it has at least 1000 square feet of aotual living spaoe excluding porches and steps. (g) No dividing or boundary fence, wall or hedge row located upon a building site shall exceed in height the regulations set by the governing agencies of the City of Anaheim. No wall, fence, hedge or hedge row whatsoever shall be erected or maintained within the street set back area of any building site as to any street without the written approval of the Architectur- al Committee. (h) No fenoe or hedge exceeding 3 feet in height shall be ereoted or permitted between street and front setback line. -2- - ~. (i) There shall be no poultry, rabbits, cows, sheep, hogs or any other stook or animals raised in said area except that the owners of lots may have ordinary household pets. No such pets shall be raised or kept for business or commercial use, but only as pets in the ordinary and usual manner. (j) No building shall be erected, placed or altered on any building plot until the building plans, specifioations, and plot plan showing the looation of such building have been approved in writing as to oonform- ity and harmony of external design with existing structures on said land and as to looation of the building with respeot to topography and finished ground elevation, by a oommittee composed of Delbert E. Cluff, L. C. Major, John H. Millet, or by a repre- sentative designated by a majority of the members of said committee, the remaining member, or members, shall have full authority to approve or disapprove such design and location or to designate a representative with like authority. In the event said com- mittee, or its designated representatives, fails to approve or disapprove such design and looation within 30 days after said plans and specifications have been submitted to it or, in any event, if no suit to enjoin the erection of such building or the making of suoh alterations has been oommenoed prior to the completion thereof, suoh approval will not be required and this Covenant shall be deemed to have been complied with. Neither the members of suoh committee, nor its desig- nated representative shall be entitled to any compensation for services performed pur- suant to this oovenant. The powers and duties of such committee, and of its designated repre- sentative, shall cease on and after January 1, 1965. Thereafter, the approval described in this Covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be exeouted by the reoord owners of a majority of the lots and duly recorded appoint!nga representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee. (k) These covenants are to run with the land and shall be binding on all parties and all persons olaiming under them until June 1st, 1985, at whioh time said oovenants shall be automatically extended for suocessive periods of 10 years un- less by vote of a majority of the then owner of the lots it is agreed to change said covenants in whole or in part. (1) If the parties to these restrictions, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the oovenants herein it shall be lawful for any other person or persons owning any real property situated in .- -3- "...'~ (m) (n) (0) - - said area or subdivision to proseoute any proceedings at law or in equity against the person or persons violating. or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such viola- tion. Invalidation of anyone of these covenants by Judgment or oourt order shall in no wise affeot any of the other provisions which shall remain in full foroe and effect. A breaoh of any of the covenants, restric- tions or conditions shall not render invalid the lien or oharge of any mortgage or deed of trust made in good faith and for value on said lots or property or any portion thereot, but said covenants. restrictions and oondi- tions shall be binding upon and effeotive against any owner of said land whose title is acquired by the foreoloseure of any lien or mortgage thereon or sale under any deed of trust given to seoure the payment of money. No derriok or other structure designed for use in boring, mining or quarrying for water, oil or natural gas or preoious minerals shall ever be ereoted. maintained or permitted upon any lot in said area. Nothing herein contained shall prevent said property, or the buildings ereoted or maintain- ed thereon, from being used for a purpose whioh shall comply with any future zoning which may be plaoed in effect upon said property by th~ City of Anaheim subject, however. to the provi- sions of Clause (a) of these Restriotions, and any other provisions whioh may be applioable thereto and which are not contrary to the in- tent of this provision. 4. That said change of zone shall not beoome effeotive unless within 60 days or such further time as the Counoil may grant the restriotions herein required to be imposed upon the property shall have been executed by the owner or owners of the property, submitted to the City for approval and filed ot reoord, nor until deeds for street widening or utility purposes when required shall have been exeouted and delivered to the City. (p) 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 ot the Anaheim Munioipal Code to amend said Anaheim Munioipal Code to aooomplish the object herein found and determined to be neoessary and proper. r- THE FOREGOING RESOLUTION is signed and approved by me this 24th day of April, 1956. ~~~ ,~v ATTEST: f / j >__, '-" ''':'';'~. ~~( /;7;/ k~p:e"--~-__~ CITY CLERK OF THE CITY OF ANAHEIM z.4l- - - be changed from R-l, SINGLE FAMILY RESIDENTIAL ZONE and R-A, RESIDENTIAL AGRICULTURAL ZONE to R-3 MULTIPLE FAMILY RESIDENTIAL ZONE, subject to the following conditions and restrictions: ~ 1. That the owner or owners of subject property deed to the City of Anaheim 10 feet in depth along the South side of West Romneya Drive for street widening purposes. 2. That curbs and sidewalks be installed along West Romneya Drive as designated by the City Engineer. 3. That the following deed restrictions be plaoed of reoord oovering Traot 2820 and the four lots adjoining this Traot on the north and faoing on West Romneya Drive: (a) All lots in the area shall be known and desoribed as residential or multiple- residenoe lots and shall be used for no other purpose. (b) No building shall be located nearer than 20 feet to the front lot line or nearer than 15 feet to the side street line. In any event, no building shall be looated on any residential building plot nearer than 20 feet to the front lot line nor 5 feet to any side lot line. (0) No residential structure shall be ereoted or plaoed on any building plot, whioh plot has a width of less than 60 feet at the front building setbaok line. (d) No noxious or offensive trade or activity shall be oarried on upon any lot nor shall anything be done thereon which may be or beoome an annoyanoe or nuisanoe to the ne ighborhood. (e) No trailer, basement, tent, shaok, garage, barn or other outbuilding ereoted in the area shall at any time be used as a residence temporarily or permanently, nor shall any struoture of a temporary character be used as a residence. ~ (f) No dwelling shall be ereoted on any lot in the area unless it has at least 1000 square feet of aotual living space exoluding porches and steps. (g) No dividing or boundary fence, wall or hedge row located upon a building site shall exceed in height the regulations set by the governing agencies of the City of Anaheim. No wall, fence, hedge or hedge row whatsoever shall be ereoted or maintained within the street set baok area of any building site as to any street without the written approval of the Architectur- al Committee. (h) No fenoe or hedge exceeding 3 feet in height shall be erected or permitted between street and front setback line. -2- - STATE OF CALIFORNIA ) COUIfTY OF CfWG!: )ss CITY OF A1WIEDI ) I, DEB M. WIl.LIAK3, City Clerk of the City of Anaheim, do do hereby certify that the foregoing Resolution was adopted upon a .~ .final reading at a Regular Meeting held the ~th day of April, 1956, by the City Council of the City of Anaheim, by the following vote of the members thereof: AIES: COUNCII.MEN: Pearson, QODnS, Fry, Schutte and Wisser. NOES: COUNCII..MIN: None. ABSEIT: COUNCILMKN: Nom. AND I FURTHER CERTIFY that the $yor of the City of Anaheim a.pproved and signed said Resolution on the 24th day of April, 1956. IN 'WITNBSS lfHl!lIIK()F, I have hereunto set rq hand and affixed the seal of the City of Anaheim this 24th day of April, 1956. /c. '--_ '-. 't- . *~L.)~ .?c/~A><~ CITY CLIRI OF THE CITY OF ANAHEIH. (SBAL) '}