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63-0518WHEREAS, the City Council did on June 27, 1961, adopt Resolution No. 7009 in Reclassification Proceedings No. 60 -61 -100, finding and determining that the property and area therein des- cribed, also being the area hereinafter described, should be changed from R -A, RESIDENTIAL AGRICULTURAL ZONE to C -1, NEIGHBORHOOD COMMERCIAL ZONE, subject to certain conditions set forth in said resolution; and follows: RESOLUTION NO. 63R -518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED, AND AMENDING RESOLUTION NO. 7009 IN RECLASSIFICATION PROCEED- INGS NO. 60 -61 -100. WHEREAS, Condition No. 2 of said resolution reads as "2. That the owners of subject property place of record City of Anaheim C -1 Deed Restrictions, approved by the City Attorney, which restric- tions shall limit the use of said property to professional offices only." AND WHEREAS, on July 19, 1961, City of Anaheim C -1 Deed Restrictions, limiting the use of said property to professional offices only, were recorded in the Office of the County Recorder of Orange County, in Book 5789, Page 713 of Official Records of Orange County, California; and WHEREAS, thereafter, on August 1, 1961, Ordinance No. 1605 was adopted by the City Council amending Title 18 of the Anaheim Municipal Code and completing said reclassification pro- ceedings; and WHEREAS, on or about the 20th day of March, 1963, the owners of the hereinafter described property, being the area re- zoned in Reclassification Proceedings No. 60 -61 -100 above men- tioned, did file a petition for reclassification with the City Planning Commission requesting that said property be changed from C -1, NEIGHBORHOOD COMMERCIAL ZONE (Restricted) to C -1, NEIGHBORHOOD COMMERCIAL ZONE (Unrestricted) to permit the establishment of a pharmacy on said property; and WHEREAS, the City Planning Commission of the City of Anaheim did duly pass and adopt a resolution recommending denial of said reclassification or change of the zone or zones, after having fixed a time and place for the holding of a public hearing thereon in the manner and as prescribed in Title 18 of the Anaheim Municipal Code, and after having duly held and conducted such pub- lic hearing to consider said proposed change of zone or zones, and after having received evidence and reports from persons interested therein; and WHEREAS, within a period of forty (40) days following the hearing thereon, the Planning Commission did duly announce by formal resolution its findings of facts and declare its opinions and reasons for recommending denial of said proposed change in the boundaries of the zone or zones; and -1- WHEREAS, upon receipt of the report and recommendation of the City Planning Commission, the City Council did thereupon fix the 18th day of June, 1963, 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 or zones and did give notice thereof in the manner and 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 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 thereupon consider the recommendations of the City Planning Commission; and WHEREAS, the City Council does find and determine that the property and area proposed to be changed from the zone or zones in which it is now situated to a different zone, as hereinafter set forth, is more suitable for the zone or zones in which it is now incorporated and that a change of zone should not be granted; and WHEREAS, the City Council does further find that Resolu- tion No. 7009 in Reclassification Proceedings No. 60 -61 -100 should be amended by correcting Condition No. 2 thereof to permit subject property to be used for professional offices and a pharmacy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all of the property and area situated in the City of Anaheim, County of Orange, State of California, des- cribed as follows: That portion of the Southeast quarter of the Southeast quarter of Section 20, Township 4 South, Range 10 West, S.B.B. M., described as follows: Beginning at the Northeasterly corner of Lot 10 of Tract No. 2217, as shown on a Map recorded in Book 61, pages 30 and 31 of Miscellaneous Maps, records of Orange County, California; thence South 89 05' 00" East along the Easterly prolongation of the Northerly line of said Lot 10, a distance of 300.00 feet to the center line of Euclid Avenue as shown on said Tract No. 2217; thence South 00 55' 00" West 143.00 feet along said center line to the Easterly prolongation of the Northerly line of Lot 17 of Tract No. 2176, as shown on a Map recorded in Book 59, pages 34 and 35 of Miscellaneous Maps, records of Orange County, Califor- nia; thence North 89 05' 00" West along the Easterly prolongation of said Northerly line and said Northerly line and the Westerly prolongation of said Northerly line 300.00 feet to Southeasterly of said TractNo.2217; thenceNorth corner 0 500" 10 East 143.00 feet to the point of beginning. remain in C -1, NEIGHBORHOOD- COMMERCIAL ZONE, in which it is now incorporated, and that the reclassification to C -1, NEIGHBORHOOD COMMERCIAL ZONE (Unrestricted) WM be denied, as recommended by the City Planning Commission. BE IT FURTHER RESOLVED that Resolution No. 7009, in Reclassification Proceedings No. 60 -61 -100 be, and the same is hereby amended by correcting Condition No. 2 thereof to read as follows: -2- "2. That the owners of subject property place of record City of Anaheim C -1 Deed Restrictions, approved by the City Attorney, which restric- tions shall limit the uses of said property to professional offices and a pharmacy only." BE IT FURTHER RESOLVED that the City of Anaheim does hereby consent to an amendment to the C -1 Deed Restrictions herein above referred to, recorded in connection with Reclassification Proceedings No. 60 -61 -100, said amendment to provide that the uses of said property be limited to professional offices and a pharmacy only; and that the Mayor and City Clerk be and they are hereby authorized to sign a consent to said amendment. BE IT FURTHER RESOLVED that in all other respects said Resolution No. 7009 be and remain in full force and effect. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of June 1963. ATTEST: CI CLERK OF THE CITY OF ANAHEIM NOES: COUNCILMEN: None. -3- MAYOR PRO TEM 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 18th day of June 19 63 by the follow- ing vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Krein and Schutt ABSENT: COUNCILMEN: Coons. Pro Tern AND I FURTHER CERTIFY that the Mayor /of the City of Anaheim approved and signed said resolution on the 18th day of June 1963 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of June 19 63 CI "i CLERK OF T E CITY OF ANAHEIM