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PC 80-80RESOLUTION NO. PC80 -80 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 79 -80 -36 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from MELVIN D. AND ALMA RUTH HILGENFELD, 120 East Broadway, Anaheim, California 92805, owners, and JOHN F. SWINT, 707 West North Street, Anaheim, California 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lots 10 and 11 of Konig Suhdivision, as per map recorded in Book 6 Page 20 of Miscellaneous Maps, records in the office of the county recorder of said county. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 19, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the RM -1200 (Residential, Multiple- Family) Zone to CL (Commercial, Limited) Zone. 2. That the Anaheim General Plan designates subject property from medium - density residential land uses. 3. That the proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That one interested person indicated his presence at said public hearing; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RM -1200 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE to the CL (COMMERCIAL, LIMITED) ZONE to expand an existing mortuary with waivers of minimum landscaped setback and required site screening on a rectangularly- shaped parcel of land consisting of approximately 0.35 acre having a frontage of approximately 100 feet on the west side of Claudine Street, having a maximum depth of approximately 154 feet and being located approximately 180 feet south of the centerline of Broadway; and does hereby approve the Negative PC80 -80 Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for medium- density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 13- Zoning of the Anaheim Municipal Code be amended to exclude the above - described property from the RM -1200 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE and to incorporate said described property into the CL (COMMERCIAL, LIMITED) ZONE upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That completion of these reclassification proceedings is contingent upon the granting of Variance No. 3149. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 3. That the existing residential structure located on the southern portion of subject property shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 4. That Condition Nos. 2 and 3, above- mentioned, shall he complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 1980. ATTEST: THE FOREGOING RESOLUTION is signed and approved by me this 19th day of May, SECRETARY, ANAHEIM CITY PLANNING COMMISSION /a- t-- CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION -2- PC30 -30 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 19, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 1980. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC80 -80