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PC 75-36~ RESOLU~ NO. PC - 6 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM THAT PETITiOh FOR RECLASSIFICATION NO. 74"~5-Z6 BE APPRO\'ED WHEREAS, the City Planning Commission of the City oE Anaheim did recelve a verified Petition for Reclessifice- tionfrom SACHIKO NISHINO, RURIKO NISHINO AND REIKO NISHINO, c/o Ruriko Nishino, 151 South Jeanine Way, A~aheim, California 92806 (Owners); RALPHS GROCERY COMPANY, Attn: James A. Wood, 3410 West Third Street, Los Angeles, California 90020 (Agent) of certain real property situated in the City of Anaheim, County of Orange, State of California, as described in Exhib'it "A" attached hereto ~nd referred to herein as though set rorth in iull ; end WHEREAS, the C:ty Plenning Commission did hold a public hearing et the City Ha11 in the City oE Anaheim on Fe~i'!~ary ~9, 19]5, at 1:30o'c[ock P.M. notice of seid public hearing heving been duly given as required by ]ew and in eccordnnce with the provisions of the Aneheim Municipal Code, Chepter 18.03, to hear end cansider evidence for and egainst seid proposed reclessificetion end to investigete ond make Eindings end recommendations in connection therewith; end WHEREAS, said Commission, e(ter due inspection, investigetion, end study made by itself ond In its behelf, and efter due consideration oE all evidence end reports offered et seid hearing, does [ind end deterrrine the fallowing fects: 1. Thet the petitianer proposes a reclessificetion of the ebove described property from the RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE to the CL (COMMERCIAL, LIMITED) ZONE. 2, That although the Anaheim General Plan designates subject property for a library facility and medium density residential uses, the proposed zoning is deemed to be appropriate at the-subject location, and appropriate action wi11 be taken to reflect the change in land use policy by amending the Anaheim General Plan, 3. Thet the proposed reclassificetion of subject property is necessary end/or desireble tor the orderly end pro- per development ~f t}ie community. q. T!:s! 2he proposed reclessiEication oI subject propecty does properly relete to the zones end their permitted u.ses Yocelly estdblfshed in close proximity to subject ptoperty nnd to the zones nnd their permitted uses generelly esteb- lished throughout the comn~unity. ~, That the prq~osed reclassification of subject property requires the dedication and improvement of abutting streets in accordance with the Lirculation Element of the General Pian, due to the anticipated increase in traffic which will be generated by the intensifi- cation of land use. 6. That the petitioner stipulated that the structure proposed at Yhe northeast corner of the subject property, at the intersection of Lincoln Avenue and Sunkist Street, will be for a banking or other similar financial institution and will not be utilized for retail sales or a restaurant. 7, That the petitioner stipulated that all deliveries for the proposed market wilt be between the haurs of 7:00 a.m, and 10:00 p.m, with truck access to be provided from Lincoln Avenue only; and the hours of operaCion will be from 9:30 a.m, to midnight, R.p -1- RESOLUTION N0. PC75-36 ~~V-GG•A ~5~~ ADIF.R/C ~ ~ 4 ~` ti EXHI1~1~ "A,~ .First American T~;tle Insurance Company 421 hORTH h1AIN STREET, (P.O. 60X 267) SANTA ANA. G~IIFORNIA 9:~02 •(AREA 714) 547-6692 All that certain land situated in the State of California, County of Qzange, City of Anaheim, described as follows: Ttiat portion of the Tortheast quarter of L'he Southwest quart~r of Section 12, Township 4 South, Range 10 I,'est, in Che Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, recor~9s of said Orange County, described as follows: Beginning at a noint in the :Easterly line of the Northeact quarter of the Souths.~est quarter of ;said Section 12, distant Southerly thereon 267.70 feet from its intersection with Che center line of Lincoln Avenue, as shown ~~n a rlap of Tract r'o. 4717, recorded in~Book 169, pages 11 and 12 of *tiscellaneous Ataps, records of said Orange Count,y, said poi•nt also being the hortheast corner of said Tract PIo. 4717: thence South 89° 52' 20" SJest 660.10 feet along the Northerl,y boundary of said Tract ro. 4717, to tlie tlorth- west corner of said Tract ro. 4717, said corner also heing in the llestcrly line of the Southcast quarter of the rlortheast quarte: of the Southcrest quarter of said Section 12; thence North 00° 10' 28" F.ast along said t2esterly line tp the Southerly boundary of Tract No. 2490, as shok~n en a Y.ap recorded in Book 79, pages 45 and 46 of ~fiscellaneou, Ptaps, records of said Orange County; thence South 78° 52' 26" East along said Southerly boundary to the Ce~tez 7iit±e• of Sunkist Street; said center line also bein~ Eine F.asterly~ lin~ of. the Kortheast quarter of the SouthwesC qurrte~r of ~aid ts~~.5(c`'~~n 12: thence Southerly thereon to tfie poi~,'vt pf 'np~~4R~i~nGs .is~~y~ .~.. ~, , : ^; '~ ~y ~~ ~1~ N ~ k LJ ~, . ,~, ,3 ~ ~ C~~~'; :. ~ t ~; NM ~ L ti y~l`'~ .i. ~ r` , . ~ a , ,;. '~,=. _ ~'~~-, ~.;~~ ~y ~5'a~ _, t~i..CL~'~:i;i. ~~~ . 8. That the peTitioner stipulated that cthe par~g area lighting wi11 not exceed 22 feet in height and will be down-lighted and directed away from the adjacent property 1 ines to protect the res'sden~~~ial integrity of the area, 9, That two (2) persons indicated t~ieir presence at said public hearing in opposition one (1) of whom appeared and pre::ented a petition signed by approximately seven (7) adjacent homeowners; and no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That Ervironmental Impact Report No. 144, having been considered this rate by the City Planning Commission and evidence, botli written and oral, pret~ented to supplement said draft of EIR No. 144 (,includirn3 a written communicati~~n. from the Santa Ana River/Santiago Creek Greenbelt Commi:;sion),, the City Planning Commission believes that said draft of EIR No. 144 does conform to the City and State Guidelines and the State of California Eiivironmental Quality Act and, based upon such information, does hereby recomrnend to the City Council that they certify said EIR is in compliance with sa'Id Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the llnaheim City Planning Commission does hereby recommend to the City Cauncil of tl~e City of Anaheim that subjecC Petition for Reclassification be approved and, by so doing, that Title 18-Zoning of the Anaheim Municipal Code be ame~ded to exe:lude the above-described property from the RS-A-43,000 (RESIDENTIAL/AGRICULTURAL;i ZONE and te incorporate said described property into the CL ( COMMERCIAL, LIIMITED) ZONE upon the follow(ng conditions which are hereby found to be a nece!csary prerequisite to the pro- posed use of subject property in order to presc~rve the safety and general welfare of the Citizens of the City of Anaheim; l. That the owner(s) of subject propert~~ shall deed to the City of Anaheim a strip of land 53 feet in width from the centetrline of the street alony Lincbin Avenue for street widening purposes. 2, That all engineering requirements of the City of Anaheim along Li~coln Avenue including preparation of improvement pla~ns and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be corplied with as required by the City Engineer and in accordance: with standard plans and specifications on file in the office of the City Engineer; that street lighting faciiities along Lincoln Aven~e sh~ll be installed as required by the Director of Public Utilities and in accordance with standard plans and specif- ications on file in the office of the Director of Public Utilities; and that a bond 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. 3, That the owner(s) of subJect propert~~ shall pay to the City of Anaheim the sum of 60C per front foot along Lincoln Avc:nue and Sunkist Street for tree planting purposes. 4. That a planted median shall be insta'Iled in Lincoln Avenue as required by the City Engineer and in accordance with stand~3rd plans and speciftcations on file in the office of the City Engineer; and tliat reasonable landscaping, including irrigation facilities shall be installed in aa~ordance with the requirements of the Superintendent of Parkway Maintenance; and that a bond in an amount and form satisfactory to the City of Anaheim shall be p~~sted with the City to guarantee the installation of the above-mentioned requirpment. Following the installation and acceptance, the City of Anaheim shall assume the responsibiiity for maintenance of said landscaping, as stipulated to by the petitioner. 5, That any parking area lfghting shall be down-lighCed from a maximum height of twenty-two (22) feet and directed away from the adjacent property lines to protect the residential integrity of the area, as stipulated to by the pettttorter. 6. That trash storage areas shall be provided ~n accordance with apprw ed plans on file with the office of the Director of Public Works. 7, That fire hydrants shall be installed and charged as required and determined Co be necessary by the Chief of the Fire Department prior to.cortar~enue- ment of structural framing. $, That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adJacent properties, 9, That subject property shall be served by underground utilities, _p_ RESOLUTION N0. ?C75~-36 . ' ~ . • • ~ ~ 10. That a 6-foot masonry wall shall be constructec' along the south and we$t property lines. 11. That drainage of subject property shall be disposed of in a manner satisfactory to t"e City Engineer. 12, 7hat subject property shall be developed substantialiy in ace,rdance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 13, Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be compieted. The pro- visions or rights 9ranted by this resolution shall become r.~ll and void by action of the City Council unless said conditions are comp!ied with within one year from the date hereof, or such further time ds the City Council may grant, 14. That Condition Nos. 5, 6~ 8~ 9~ 10, 11 a~d 12, above-mentioned, shall be complied with prior to final building an~i zoning inspections. 15, That deliveries shall be between the hours of 7:00 a.m. and 10:00 p.m. and delivery truck access shall be f.am Lincoln Avenue only, and the hours of operation shall be from 9:30 a.m. to midnight, as stipulated to by the petitioner. THE FOREGOING RESOLUTION is si9ned and approved jy me this 19th day of February, 1975. RMAN ANA CITY PLANNING COM'~ISSION ATTEST: ~ . • ~ SECRETAP.Y ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY Of ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City o~ Anaheim, do hereby certify that tt~e foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on February 19. 1975, at 1:30 o'clock p.m., by the follrnving vote o'F the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KII~G, MORLEY, TOLAR, IiERB~T NOES: ~UMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I havP hereunto set my hand this 19th day of February, 1975. ~~--~-,~f u~`r~p.~r..~ SECRETARY ANAHEIM CITY PLANNING COMMISSION _3_ RESOLUTION N0. PC75-36