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PC 83-153RESOLUTION NO. PC83-153 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIOP7 THAT PETITION FOR RECLASSIFICATION N0. 03-84-2 BE GRANTED WHEREAS, the Anaheim City Planning Commission d:d receive a verified petition for Reclassification from THE HUSTON BUILDING, 438 East Katella Avenue, Suite H, Oran~e, California 92667, owner, and J03AM OZYP, 7227 Cedar, San bernardino, California 92406, agent, of ~ertain real property situated in the City of Anaheim, County of Orange, State of California, described as folloias: FARCEL 1: LOT 100 OF TRACT N0. 2302, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 76, PAGES 29, 30, AND 31 OF MISCELLANEOUS MAPS, IN THE OFFICE OP THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2; THOSE PORTIONS OF LOTS 3 AND 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS 6tAPS~ IN THE QFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND; 9SGINNING AT A POINT IN THF SOUTH LINE OF THAT PORTION OF THE EAST 250.00 FEET OF SAID LOT SIX, LYING NORTH OF A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT SIX AND PASSING THROUGH A POINT ON THE WEST LINE OF HARBOR BOULEVARD, FORM~RLY SPADRA ROAD~ AS SAID ROAD EXISTING APRIL 29, 1929~ DISTANT 712.00 FEET NORTH OF THE CENTERLINE OF ROMNF.YA DRIVE, DISTANT ALOt1G SAID SUUTH LiN~; NORTH 89° 33' 18" WEST A DISTANCE OF 42.69 FEET FROM THE CENTERLINE OE SAID HARBOR BOULEVARD~ 60.00 FEET WIDE, AS SHOWN ON A MAp OF TRACT N0. 2302~ RECORDED IN BOOK 76, PAGES 29 TO 31, INCLUSIVE, OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID SOUTH LINE NORTH 89° 33' 18" WEST A DISTANCE OF 207.23 FEET TO THE WEST LIt7E OE THE EAST 250 FEET OF SAID LOT SIX; THENCE ALONG THE WEST LINE OF THE EAST 250 FEET OF SAID LOT SIX, NORTH 0° 26' 42' EAST A DISTANCE OF 86.92 FEET; THENCE SOUTH 80° 06' 00" EAST A DISTANCE OF 117.55 FEET; THENCE NORTH 89° 43' 09 EAST A DISTANCE OF 73.16 FEET; THENCE SOUTH 15° 55' 24" EAST 68.A7 FEET TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED iN BOOK 67, PAGE 49 OF RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY Rh;CORDER. PARCEL 3: THAT PORTION OF GOT 6 OF p1ILES RANCHO~ IN tHE CITY OE ANAHEIM, COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS PER MAP F.~CORDED IN BOOK 4~ PAGE 7 OF b1ISCELLANEOUS MAPS, IN THE OFF2CE OC THE COUNTY RECORDER OF SAID COUNTY~ DESCRIBED AS FOLLOWS: ~0027r PC83-153 BEGINNING AT A POINT ON A THE WESTERLY LINE OF HARBOR BOULE4AkD~ FORMERLY SPADRA ROAD~ AS SAID ROAD EXISTING APRIL 29~ 1929~ DISTANT 712.00 FEET NORTHERLY OF THE INTERSECTION WITH THE CENTERLIidE OF ROMNEYA DRIVE; THENCE WESTERLY 150.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 6; THENCE SOUTHERLY 50.00 FEET PARALLEL WITH SAID WESTEhLY LINE OF HARBOR IIOULEVARD; THENCE EASTERLY 150.00 FEET PARALLEL WITH SAID NORTHERLY LINE OF LOT 6 TO SAID WESTERLY LINE OF HARBOR BOULEVARD; THENCE NORTHERLY 50.00 FEET ALONG SAID WESTERLY LINE TO THE POIN4' OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCGL 8 IN THE EINAL ORDER OF CONDEMNATION RECORDED AUGUST 4~ 1958, IN BOOK 4371~ PAGE 185, OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP EILED IN BOOK 10, PAGE 24 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: THAT PORTION OF LOT 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM~ CUUNTY OF ORAtdGE~ STATE GF' CALIFORNIA, AS PER MAP RECORDED IN BOOK 4~ PAGE 7 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID CGUNTY~ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SPADRA ROAD AS SAID ROAD EX7STED ON APRIL 29~ 1929~ 552 FEET NORTHERLY OF THE INTERSECTION OF THE WEST LINE OF SPADRA RCAD WITH THE CENTER LINE OF ROMNEYA DRIVE; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT SIX~ 150.00 FEET; THENCE NORTH PARALLEL TO THE 47EST LZNE OF S°FDP.T P.OF.D 120.QD F£ET; TAEP7CE Er.ST PAt2ALLEi TO THE NORTH LINE OF SAID LOT SIX, 150.00 FEET; THENCE SOUTH 110.00 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT SIX, 150 FEET; THENCE SOUTH 110.00 FEET TO THE POINT OF BEGINNING. PAkCEL 5: THAT PORTION OF LOT 6 OF MILES RANCHO~ IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORN7A~ AS PER MAP RECORDED IN BOOK 4~ PAGE 7 OF MISCELLANGOUS MAPS~ IN OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LI[dE OF SAID LOT, DISTP.NT 712.00 FEET, MEASURED ALONG SAID EAST LINE, FROM ITS INTERSECTION WITH THE SOUTH LINE OF SAID LOT~ (SAID EAST AND SOUTH LOT LINES BEING CONSTRUED TO BE THE CENTER LINE OF ADJOINING ROADS AS SHO~QN ON SAID MAP); THENCE WESTERLY ON A i.INE PARALLEL WITH THE NORTH LINE OF SAZD LOT, 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID LAST MENTIONED LINE PARALLEL TO THE NORTH LINE OF SAID L~T, 1U~.0~ FEET; THENCE SOpTH PAAALLEL WITH THE EAST LINE OF SAID LOT, 210.00 FEET; TNENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT~ 100.00 FBET; THGNCE NORTH PARALLEL 47ITH THE EAST LINE OF SAID LOT, 210 FEET TO THE TRUE POINT OF BEGINNING. -2- PC83-153 WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 1983 at 1:30 p.m., notice uf said public hearing having been duly oiven 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; said p~blic hearing having been continued to the Planning Commission meeting of September 7, 1983; and WHEREAS, said Comr..ission, 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 detecmine the following facts: 1. That the petitioner proposes reclassification of subject property from the CG (Commercial, General) and RS-7200 (Residential, Single-Family) Zones to the CL (COmmercial, Limited) Zone. 2. That the Anaheim Gene:al Plan designates subject property for general commercial land uses. 3. That the proposed rec~assification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. rhat the proposed reclassification of subject property does properly relate to r_he zones and their permitted uses locally ~st3blished in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification of subject property req~ires the improvement of abutting streets in a~:cordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 6. That 9 persons indicated their presence at the ;igust 22, 1983 public hearing in opposition and no one indicated their presence at the September 7, 1983 public hearing in oppo~ition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the CG (Commercial, General) and RS-7200 (Residential, Single-Family} Zones to the CL (Commercial, Limited) Zone to permit a 3-story, 120-room motel on an irregularly-shaped parcel of land consisting of approximately 1.48 acres, having a frontage of approximately 230 feet on the west side of Harbor Boulevard, being located approximately 550 feet north of the centerline of Romneya Drive, and further described as 1251 North Harbor Boulevard; and does hereby approve the tdegative Declarati~n upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effact on the environment. -3- PC83-153 NOW, THEREFORE, gE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be amended to exclude the above-described property from CG (COmmercial, Gener~l) and R3-7200 (Residential, Single-Family) Zones and to incorporate said described property into the CL (COmmercial, Limited) Zone upon the following cond.itions which are hereby found to be a necessary prezeguisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citi2ens of the City of Anaheim: 1• That the owner of subject propecty shall pay to the City of Anaheim a fee for tree planting purposes along Harbor Boulevard and Raleigh Street in an amount as determined by the City Council. Z• That prior to issuance of a building permit, appropriate water assessment fees shalJ. be paid to the City o€ Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3• Tl~at prior to issuance of a building permit, the appropriate trafPic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. ~• That the vehicular access rights, except at approved access points, to Harbor Boulevard and Raleigh Street shall be dedicated to the City of Anaheim. 5• That a modified cul-de-sac shall be provided at the terminus of Raleigh Street as required by the City Engineer. 6• That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7• That the owner of subject propecty shall pay to the City of Anaheim a fee for street lighting along Harbor Boulevard and Raleigh St:eet in an amount as determined by the Cir.y Council. $• That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determine~~ to be necessary by the Chief of the Fire Department. 9• That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That a 6-foot high masonry block wall shall be constructed along the south and west property lines adjacent to the resi3ential zoning and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee th_ installation of said wall prior to final building inspection. 11. That annexation of the northwesterly portion of subje~t property to the City of Anaheim shall be commenced prior to introduction of an ordinance rezoning this property. -4- PC83-153 ~~..,; . . .. . 12• That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2482, 13, That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be ditected away from adjacent property lines to protect the residential integr.ity of the area. 14. That subject property shall be deveioped substantially in accordance with plans and specifications on file ~ith the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 3; provided, however, that kitchen efficiency units may be installed in no more than twenty-five percent (258) of the motel units, with a maximum of 6-cubic foot refrigerators, two-burner stoves excluding oven and baking facilities, and sing.le compartment s±nks, except that the manager's unit will be allowed to have full kitchen facilities; and further providing that the 3-foot wide pedestrian easement along the northerly property line is not required. 15. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 7, lp, 11, and 12, a~ove-mentioned, shall be complied with. Extensions for further tine to complete said conditions may be granted in accordance with Section 18.03.O9p of the Anaheim Municipal Code. 16. That priot to final building and zoning inspection~, Condition Nos. 5, 6, 9, 10, 13 and 14, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does heteby fii.d and determine that adoption of this rreso].tttior. is expressly predicated uP~n agplicant'S compliance with each and all of the conditions hereinabove set forth. Should any such candition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of coml~etent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of September, 1983. ~~~~~ CHAIRMAN~ AN EIM CITY PLANNING COMMISSION ATTEST: ~ ~ . SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -5- PC83-153 r~ STATE OP CALIFORNIA ) COUNTY OP ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Cummission, do hereby certify that the foregoing resolution was passed and adopted at a meetina of the Anaheim City Planning Commission held on September 7, 1983, by the foi~owing vote of the members thereof: AY~S: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE~ MC BURNEY NOES: ~OMMISSIONERS: NUNE ABSENT: COPtMISSIONERS: NONE IN WITNESS WHEREOF, I Have hereunto set my hand this 7th day of September, 1983. ~ , _ •~--~. ~°,_~~,,, • SECRETARY~ ANAHEIM CITY PLANNING COMMISSION ;.~ -6- PC83-153 (,