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PC 80-159RESOLUTIC!! ~d0. PCB~-159 A RESOLUTI~N OF TNE ANAHEIM CITY PLANWINf; COMMISSIOPI THAT FETITIOPI fOk RECLASSIFICATION N0, SO-31-11 BE f,f~AMTED. WHEREAS, the Anaheim City Flannina Comnissior. did receive a verified petition for Reclassification frrxn ERIC NAStf A"~D HEIDI E. NASH, 1c~55 South Harbor Boulevard, Anaheim, California 9280<^~ o~~m ers of certain real property in the Cfty of Anaheim, County of Orange, State of California, described as: Lot 104 of 7ract No. 1453, in the City of Anaheim, as per Map recorded in Book 42, Pages 41 of Miscellaneo~is Maps, records in the Office of the County Recorder of said County. WHEftEAS, the City Planning Commission did hold a public hearina at the Ctvic Center in the City of Anaheim on Septemher 22, 1~50, 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 13,03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and reccxnmendations in connection therewith; and WHERFAS, said Commission, after due inspection, investination and study made by itself and in its behalf, and after due consideration of all evider.ce and reports offered at said hearing, does ftnd and determine the followinq facts: 1. That the petitioner proposes reclassification of subject property fraa the RS-7700 (Residential, Sin91e-Family) Zane to the CL (Commercial, Limited) Zone. 2. That the Anaheim Generat Plan desiqnates subject property for commercial, professional land uses. 3. That the proposed reciassification 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 clcse proximity to subject property and to the zones and their permitted uses generally established throughout the canmunity. 5. That the proposed reclassiftcation of suhject property requires the dedicatton and improvement of abutting streets in accordance with the Circulation Elenent of the General Flan, due to the anticipated increase in traffic o-~hlch ~vill be gPnerated by the intensification of land use. 6. That no one indicated their ~resence at said public hearing in opposition; and that no correspondence alas received in opposition to the subject petttion. ENVIRONMENTAL IMPACT FItJDIti~: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject propPrty From t'~c RS-7?00 (Residential, Single-Family) Zone to the CL (Commercial~ Limited) Zone to permTt commercial use of resEdent(al structure ~•rith waiver of mtnimum numbe~ of parktng spaces o~ a PC80-159 t%Fsr:., rectan9ularly-shaped parcel of land consisting of aoproximately 5~00 square feet, having a frontage of approximately 56 feet on the west side of Harbor Boulevard, having a maximum depth of approximately 100 feet and being located approximately 400 feet north of the centerline of South Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmentai impact report on the basis that there a~ould be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaratton since the An•~heim General Plan designates the suh~ject property for commercial, professional land uses commensurate ~•iith 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 impacCs; and that the Negative Declaration substantiating the foregoina findings is on file in the City of Anaheim Planning Department. P~OIJ, TNEREFORE, BE IT R~SOL~IED that the Anaheim City Planning Commission does he~-eby grant subject Pe~ition for Reclassification and, hy so doing, that Title 13-Zoning of the Anaheim Municipal Code be amended to exclude the ahove-described property from the RS-7200 (RESIDE~JTIAL, SIN~LE-FAMILY) Z(1~IE and to incorporate said described property into the CL (COMMERCIAL, LIMfTED) 7QP1E upnn the fallowing condttions which are hereby found to be a necessary prerequi~~Tte to the proposed use of subject property in order to preserve the safety ancl general welfare of the Citizens of the CTty of A~aheim: 1. That the oam er(s) of suhject pro~erty shall deed to the City of Anaheim a strip of land 10 feet in ~•~idth from the centerline of the alley for alley widening purposes. 2, That the vehicular ~iccess rights, except at street and/or alley openings shall he dedicated to the City of Anaheim. 3. T;~at tiie awner(s) of suLject property sha?T pay the Lraffic sianai assessme~t fee (Ordinance No. 3896) in a~ amount as determined by the City Council, for commerclal buildings prior to the issuance of a huiidinci permit or commencement of any commercial activity. whichever occurs first. 4. That the owner(s) of subJect property shall pay to the City of AnaheTm a fee, in an amount as determined hy the City Council, for street liqhting along Harbor Boulevard. 5. That the proposed gift shop shall comply Hiith all signing requirements of the CL (Commercial~ Limited) Zone. 6. That subject p~operty shall be develo~ed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3, 7, Prior to the introduction of an ordtnance rPZaning sub_ject property, Condition Nos. 1, 2 and ~s, above-mentioned, shall be complete~i, The provisions or rEghts gra~ted by this resolution shall hecome null and void by action of the Planning Commission unless said conditions are coriplied ~~fith U~ithin one year from the date hereof, or such further time as the Plannina Commission may grant. -2- PC3%~-t59 ~ I ~ II. That Condition ?los. 5 and 5, above-mentioned, shall be complied o-~ith prior to final building and zonin9 inspections. BE IT FURTfiER RESOLVED that the Anaheim City Plannin~ Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance tivith each and all of the conditions herelnabove set forth. Should any such condition~ or any part thereof, be declared invalid or unenforceable by the final Judgmen*_ of any court of competent ,jurisdiction, then this Resolution~ and any approvals herein contained, shall be deemed null and void. THE FOREGOING RFSOLUTIO'I is signe~i and approved by me this 22nd day of September~ 19£3~, CHAIRMAM, A!IAHEIM CITY PLA ING COMMISSIOW ATTEST: `~~ ~° ~,~._ SECRETARY, ANAHEIM CITY PLANNIPIG COMMISSION STATE OF CALIFORNIA ) COUN7Y OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Narris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution ~~~as passed and adopted at a meetiny of the Anaheim City Planning Commission held on September 2?, 1980, by the folluwing vote of the memhers thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST, KING, T~LAR NOES: COMMISSiONERS: NOME AIiSEIJT: COMMISSIONERS: BARNES IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of September, 1g80. ~~.~ .~ ~~,~_ SECRETARY, A^IAHEIPi CI7Y PLANNING COPSMISSION -3- Pc8n-t5°