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PC 83-199. . ~" , RE50LUTION NO. PC83-199 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECI,ASSIEICATION NO. 83-84-11 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from DARRELL L. CLARDY, AND ESTHER M. CLARDY, 809 South Magnolia Avenue, Anaroim, California 92804, owners of certain real property situated in the City of AnaheiR, County of Orange, State of California, described as follows: LOT 140 OE TRACT 1951~ AS PER MAP RECORDED IN BOOK 63 PAGES 4 AND 5 OF MISCELLANEOUS MAPS, IN TdE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WFIEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 17, 1983 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 cor~sideration 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 RS-7200 (Residential, Single-Famiiy) Zone to the CL (Commercial, Limited) zone. 2. That the Anaheim General Plan designates subject property for general commercial land use~. 3. That the proposed reclassification of subject property is necessary and/or desirable for the or.derly and pcoper 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 pesmitted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires the improvement of abutting streets in accordance 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 two persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ~0070r PC83-199 --. ~~~ , ENVIRONMENTAL IMPACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-7200 (Residential, Single-Family) Zone to the CL (COmmercial, Limited) Zone to permit commercial use of a residential structure to establish a self-defense school with a caretaker's quarters with waiver of minimum landscaped setback and minimum sideyard setback on a rectangularly-shaped parcel of land consi~ting of approximately 7200 square feet, having a frontage of approximately 60 feet on the west side of Magnolia Avenue, an~ futther described as 809 South Magnolia Avenue; and does hereby approve the Negative Declaration upon finding that zt 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 effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification an@, by so doing, that Title 18-Zoning of the Anaheim Municipal Code be amended to exclude the above-described property from the RS-7200 (Residential, Single-Family) 2one and te 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 the owner of subject property shall, by recorded deed, irrevocably offer to deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Magnolia Avenue for street widening purposes, and 20 feet from west property line for alley purposes. 2. That the vehicular access rights, except at approved access points, to Magnolia Avenue shall be dedicated to the Ci.ty of Anaheim. 3. That the ownez of subject property shall pay t-o the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Magnolia Avenue in an amount as determined by the City Council. 5, That prior to issuance oE a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the C.ity Council. 6. That prior to adoption of the Ordinance rezoning subject property, Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or s~~ch further time as the Planning Commission may grant. -2- PC83-199 - r~ 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 judqement of any court of competent jurisdiction, then thi: Resolution, and any approvals herein contained, shall be deemed null an9 void. THE FORE,pING RE30LUTION is signed and approved by me this 17th day of October, 1983. ~i~"f"/Cl.u-1 ~ / ' /,%.~~e~~'~7.C~-~ c.tiA1RWONIAN, ~15p,HEIM CITY PLANNING COM[~lISSION / ATTEST; `'~ - ~ ~-° ~.~„~ SECRETARY~ ANAFIEIM CITY PLANNING COMMISSZON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF fiNAHEIM ) 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 October 17, 1983, by the following vote of the members thereof: AYES: COpiMISSIONERS: BOUAS, FRY~ HERBST~ KING~ LA CLAIRE~ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE, MC BURNEY IN WITNESS WHEREOF, I Have hereunto set my hand this I7th day of October, 1983. ~n ~f .C L`FCLw Sz SECRETARY~ ANAHEIM C?TY PLANNING COMMISSION -3 - PC83-199