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PC 81-200RESOLUTION NO. PC81 -200 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 80 -81 -44 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from ANTHONY GOUVEIA AND LEA GOUVEIA, 837 South Beach Boulevard, Anaheim, California 92804, owners, and LA CRESTA BUILDERS, JIM FREDINBURG,' 8322 Clairemont Mesa Boulevard, San Diego, California 92111, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: The East half of the East half of the Southeast quarter of the Southeast quarter and the East 8 feet of the West half of the East half of the Southeast quarter of the Southeast quarter of Section 14, in Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on a map thereof recorded in Book 51, page 7, et seq., Miscellaneous Maps, records of said Orange County; EXCEPTING THEREFROM the South 729 feet thereof; ALSO EXCEPTING the North 481 feet thereof; ALSO EXCEPTING THEREFROM the East 40 feet thereof. WHEREAS, the City Planning Commission did schedule a public hearing at the City Hall in the City of Anaheim on July 13, 1981, 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; said public hearing having been continued to the Planning Commission meeting of September 21, 1981; 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 RS -A- 43,000 (Residential /Agricultural) Zone to the CL (Commercial, Limited) Zone. 2. That the Anaheim General Plan designates subject property for general commercial 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 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. PC81 -200 6. That six (6) persons indicated their presence at the August 24, 1981, public hearing in opposition to subject request; and letters of opposition were read at the August 10, 1981, public hearing held in connection with Reclassification No. 80 -81 -44 and Conditional Use Permit No. 2231 pertaining to a similar request on adjacent property (831 South Beach Boulevard); and no one indicated their presence at the September 21, 1981,public hearing in opposition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS- A- 43;000 (Residential /Agricultural) Zone to the CL (Commercial, Limited) Zone to permit a 45- unit motel on a rectangularly- shaped parcel of land consisting of approximately 0.75 acre, having a frontage of approximately 110 feet on the west side of Beach Boulevard (837 South Beach Boulevard); and does hereby approve the Negative 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 general commercial 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 18- Zoning of the Anaheim Municipal Code be amended to exclude the above - described property from the RS -A- 43,000 (RESIDENTIAL /AGRICULTURAL) 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 sidewalks shall be installed along Beach Boulevard as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Beach Boulevard. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Puhlic Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That a 6 -foot high masonry block wall shall be constructed (from the highest point of grade) along the west property line. -2- PC81 -200 7, That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 9. That street lighting facilities along Beach Boulevard shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned requirements prior to occupancy. 10. That the existing driveway shall be removed and replaced with a standard curb, gutter and sidewalk. 11. That the owner(s) of subject property shall submit a letter requesting the termination of Variance No. 3155 to the Planning Department. 12. That completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 2237. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 3; provided; however, that kitchen efficiency units may be installed in no more than 25% of the units, with a maximum of 6 -cubic foot refrigerators; two- burner stoves, excluding oven and baking facilities; and single compartment sinks; except that the manager's unit will be allowed to have full kitchen facilities. 14. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2, 9, 11, and 12, 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 hereof, or such further time as the Planning Commission may grant. 15. That Condition Nos. 1, 3, 5, 6, 7, 10 and 13, above - mentioned, shall be 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. THE FOREGOING RESOLUTION is signed and approved by me this 21st day of September, 1981. ATTEST: oC StfKtl f Y AHEIM CI Y PNG COMMISSION - a,`8 CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION PC81 -200 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 September 21,1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR 1981. IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of September, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC81 -200