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PC 77-178RESOLUTI01~ N0. PL77-17b A RESOLUT1011 QF TIiE ANAIiEIN ~17Y PLl.I~t1111G CONf115S10t1 TtIAT PETITIOt! FOR R[CLASSIFICATIOtI N0. 77-78-10 BE GP,AI~T[D uiIEREAS, the Anahcim Gi[y Plannany Commission did receivc a verified Petition for Reclassification frorn JERRY At1C• SfiEP,RIE MARY.S, 29 Invcrness, Newport E3each, California )2G0~, owncrs, and JOSEPIi DOYL[, 1j~32 uest Deverly Drive, llnahcl~, California 92~01, ayent, of ccrtain rcal property s~[uatcd in tfie City of Anaheim, County of Orange, State of California, described as: Tliat puriion of Lo[ 1 in tilock A of Tract tlo. 13, as per map recorded in Book 9 Payc 1? of Miscrllancous Maps, in the office of the County Recorder of said County described as beginning at the Northeasterly corner of saiJ Lot l, tt,enco South 0° 07' 30" ~lest, alony saiJ East linc of Lo[ 1, 3L.00 fee[; thence 1lor[h E~1° 31' 00" WcSt 7.00 feet [o thc truc point of beyinning of this descriptlon; thence continuin9 Ilorth d9° 31' OQ" Nest to5•3~ feet; ihence South b~ 07' ;0" 1Jcst 2u0.L1 fcet to a point on thc t~orth line of the South 3~1:.00 fcet of said Lot 1; thence South u~° 3~' 44" East, along [hc Uorth linc of said South 32Q.00 fcct, 10~.31 fect; tlicncc Ilortt~ 0° 07' 3~" East, parallcl with ttic East linc of said Lo[ i, 2~~.7`.? feet to thc ,ruc poin[ of beginniny; and IJHCREl1S, thc City Planniny Cemmissiun did hoi~ a public hcaring at [hc Ciiy Hall in Lhe (:ity of Anahci~a cm Auyust 1;, 1977~ ~t 1:30 p•r,•. nocicc of said public hearing having been duly yiven as required by I~w and in aceordance wi[h [he provisions of the Anatieim Nunicipal Codc, Ctiaptcr 1fi.03, to liear anJ considcr evidence for and agains[ saiJ proposeJ reclassification and [o investigate and make findings and recommenJations in corinectiun therc~+~i[h; and ~,,IiEKEAS, said Lommission, after Juc inspectiun, invcs[iyation and study made by itself ar;J i;~ its bchalf, and af:cr du~ considcration of all evidencc and re{sorts offcred at sai,~i heariny, docs find anJ de[crmine thc following facts: 1. That the peti[ioner proposes reclassificotion of subjec[ property from the RM-120~ (RESIDEI~TIAL, HULTIPLE-FAMILY) and CL (COF!MERCIAL, LIf11TED) ZOI~ES to the ~L (COMMERCIAL, LIMIT[!~) ZOIlE. 2 That tlie Anahciin Gcncral Plan designatcs sul~ject property for ,rycncral eomrnercial~and low-medium density residential uscs. 3. That the abov~-mentione~ reetassific~tion is aranted subject to the following stipul~tions by [he peCi[i~ner: a. That thc soutlierly driv~w~ay on Emp(re Street will bc closed. b. That the 'LO-foo[ Y+idc easement along the west propcrty line wlll incluJe inyress and e~ress alnng the entirc lenyth of thc subject property. c. That an 3-foot hiyh bioc{: wall anJ a 10-foc~t wide, densely iandscaped buffer arca will be provided along [hc south property linc adjacent to i1~e existin9 reslJential uses. PC77-17~ d. Ti;at a mininum 42-inch high block wall, to effectivcly scrcen thc parkiny lot fran tl~e residential uses on thc east siJc of Empirc Street anJ a 5-foot wide, Jensely lanJscaped setback will be proviJed along Enoirc S[rcet northerly from tlic sou[h propcrty line of subjec[ property to the wescerly prolongation of the nor*,h sidc of Embassy Avenue. e. That the anticipatcd liours of opera[ion will be from 10:00 a.m, to 9:00 p.m,, witfi no aftcr-}iours opcrations. f. That all parking arca lighting wifl be directed down and a~ay fram nearby residential arcas. 4. That [he proposed reclassification of subject property is necessary and/or desirablc for thc orderly and proper developmen[ of thc canmuni[y. $. That the proposed reclassification of subject property does properly relatc to thc zones and thcir permitteJ uscs locally established in close proximity to subject property and [o the zones and their permittcd uses gencrally c5t~blished throughout thc corn~~uni ty. 6. That the proposeJ recl~ssirication of subject proper2y requires the Jedication and improvemen[ of abutting s[ree[s in accordance with the Circulotion Element of the General Plan, due [o the aniicipated incrcase in traffic which will be generateJ by thc intensification of lan~f usc. 7. Thac tr~o people indicatc:J tfieir presence at s~id public hearing in oppnsition; ~ncl tha[ threc letters werc rcceived in opposition to su5jcc[ petition. E,JVIROIJHE~JT/1L IMPACT FINUIIIG: That the Anaheim City Plannin9 Lomciission has reviewed t e su ject propusa to rec assify tiie zoning fram RM-1200 (Residen[tai, Multiple-Family} an~ LL (Commercial, LimiteJ) [o CL (Corm~ercial, Limited) on approximately 0.7 acre IocateJ a[ tlie souti~r~est corner of ~incoln Avenue and Empire Strcet, havin9 appror.imatc fron[agcs of i~)5 fcct on [he south sidc of Lincoln Avenue anJ 230 fcet on [he west sidc of Empirc Strce[, and does hcreby approvc [he 1legativc Declaration fron the requirenen[ Cu prepare an environmental impact rapr~rt on the basis tha[ [hcre would bc no siynifican[ individual or cunulative adverse environnen[al impact due to the approval of this t~e9a[ive Declaration since the Anaheim General Plan designates the subjec[ property for general conmerclal and low- medium density residen~ial land uses cor•mensurate with the proposal; that no sensitive environmen[al impacts :erc lnvolved in [he proposal; tliai the Initial Study submitted by [lie petitioner indicates no significant individua) or cumulative adverse enviromnental inpacts; and that the N~_ya[ive Declaration substanciating the faregoing findings is on file in the Ci[y uf llnahcim Plannin9 Departrncnt. NOU, THEREFOR[, UE IT R~>OLVtD [ha[ thc Anahcim City Planning Connission does liereby yrant subject Petition for Reclassification and, by so doing, that Ti[le 18-Zoning of Lhe Anohein 1lunicipal Code be ~mended [o exclude the above-described property from [lic Rt1-1200 (RESIUEtITIAL. MULTIPLE-FAMILY) At~D CL (COMM[RCIAL, LINITED) ZOqES and to incorporate said described property inYO the CL (COMt1ERCIAL~ LIMITEU) ZOt1E upon tlie followiny condi[ions whicfi are hereby found to be a necessary prer~quisiLe to the proposed use of subject property in order to prescrve [lie safe[y and general welfarc of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall decd to the City of Anahcim fiftecn (15) foot radius propcrty linc return at L(ncoln Avenue anJ Empirc Strcet. -2- PC71-176 2. That sidewalks shall be insCalled along Empire Stree[ and Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3• That s[reet lighting faciiities along Empire Street shall be installeJ as requireJ by the Uirector of Public Utilities and in accordance with standard specifica[ion~ on file i~ the Office of the Director of Public Utili[ies; and/or that a bond~ certificate of deposit, let[er of credi[, or cash, in an amount and form satisfactory to the City of Anaheim, shail be posted with the City to guarantee the installation of the above-mentioned requirements. 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of two dollars ($2.00) per front foot along Lincoln Avenue for street itghting pur•poses. 5• That the ow~er(s) of subject property sliall pay t~ the City or Anaheim the sum of sixty cents (60~) per front fout along Empire Street and Lincoln Avenue for t;ee plan*_ing purpo~es. 6. Th~at trash storage ~reas shall be provided ir. accordance with approved plans on file with L•he Office of [tie Director of Public Works. 7. 7hat fire fiydrants shall be installed an~ charged, as required and determined to be necessary by t~e Chief of [I~~e Fire Departmen[, prior to commencemen[ of structural framing. ~. Th:~~ subject property shall be served by underground utilities. 9• That drainage of subject property shatl be disposed of in a manner sa[isfactory to tlie City Engineer. 10. That appropriatc a~ater assessmcnt fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheirn prior to the issuance of a building permit. 11. That subject prop~rty shall be developed substantiaily in accordance with plans and sF:ecifications on file with the City of Anaheim marked Exhibit tlos. 1 and '1; provided, hrnvever, that [h, southerly driveway on Empire Street will be closed and replaced with standard curb, yu[ter, and siderralk. 12. That an eiyht (8) foo[ f-~igh block wall shall be constructed along the sou[h property line and also that a ten (10) foo[ widc, densely landscaped buffer setback sliall bc provided adjace~t to said wall. 13. That in addition to the required "Cl." landscaped setback along Empire Street, a minimum forty-two (42) inch high block wall and dense landscaping, to screen th~ parking lot from the ~esidential uses to the east, shall be provided along Empire Street northerly from the souch propcrty line of subject property to the westerly prolongatian of the north side of Embassy Avenue. 14. Tlyat a1) parking area liyhting will be directed down and away rrom adjacent residential are~s. 15. Prior to the introduc[ion of an ordinance rezoning subject prcperty; Condition tlos. 1, 3, 4 and 5, above ment(oned, shall be completed. The provisions or -3- PC77-178 rfghts granted by this resolution shall become nuil and void by action of the Planning Commission unless said conditions are complied with wiehin one year from the ' date hereof, or such furtlier time as the Planning Commission may grant. 16. Tnat Condition Nos. 2, 6. 9, 9, il, 12, 13 and 1~~, above mentioned, shall be complied with prior to final building and zoning inspec[ions. TIIE fOREG0ING RESOLUTI01! is signed and approved by me ttiis lSth day of August, 1977. C~'~ CHAIR~NAtI, ANANEI CITY PLAt~NiNG COt1MISSION ATTEST: . ~ C`~,/~~. SECRETA Y, AiJAliEllt CITY PLAI~t~ltlG COMt115S1011 STATE OF CALIFORNIA ) COUNTY OF 0(2ANGE ) ss. CITY OF AfdAfIEIH ) i, Editn L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify tliat thc foregoing resolution was passed and adcp[ed at a mecting of ehe Anahein Cir.y Planning Commission held on A~gust 15, 1977, at 1:30 p•m., by the following vote of the rnembers thereof: AYES: COt1MlSSIONERS: [3ARNES, DAVID, tiERDST, JOHNSOtI, I:II~G, LItdN, TOLAR NOES: C~7MMISSiOtlERS: t~ONE ABSENT: COMHISSIOIIERS: NONE III WI7NES5 WfiEREOF, I have hereunto set my hand this 15th day of August, t977• la dG~- ~ ~ SECRETARY, ANANEIIi CITY LAWt~it~COMMISSiON ~' '.1,~ -4- F~77-178