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PC 79-154RESOLUTION N0. PC79-15~ A RESOLUTION OF THE ANAHEIM C~TY PLANNtNG COMMISSION THAT PETITIOt~ FOR RECLASSIFILATION N0. 79-80-9 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petitio~ for Reclassification from MARSHALL E. DUNN AND MARJORIE L. DUNN, ARTHUR W. GRAY, JR. AND DOREEN I. GRAY~ AND HARRISON M. SHARP AND PHYLLIS SHARP, ?14 West Ltncoln Avenue, Anaheim, California 92805, owners, and EUGENE F. TUTT, P. 0. Box 461, Tustin, California 92680, agen[, of certatn real property si[uated in the City of Anaheim, County of Orange, 5tate of California, described as follows: Beglnning at the Northwest corner of Vineyard Lot G-5, as per map recorded in book 4, pages 629 and 530 of Deeds, records of Los Angeles Coun[y, Callfornia; thence Northeasterly along the Northwesterly line of said Lot G-5, 205.5 feet; [hence Southerly parallcl wtth the Westerty line of sald Lot G-5, 212 feet to a point fn the Northwesterly line of Tract ko. 365, as per map recorded in book 15. page 14, Niscellaneous Maps, in the office of the county recorder of said county; thence Southwesterly along satd Northwesterly line 205.5 feet. to a point in the Nesterly boundary line of said Lot; thence Northwesterly along the Wesierly line of said Lot G-5 to the potnt of bc~inning. EXGEPTIi1G THEREFROM thc Southwesterly 17.,5 feet asconvcyed to the City of Anaheim by deeds recorded January 23. 1911 in book 183, page 286, Deeds, and March 1, 1924 in book 512. page 254, Deeds, in the office of ihe county recorder of said county. ALSO EXCEPTING THEREFROM that portion included within Santa Ana Street as conveyed to the City of Anaheim, by deed recorded hovember 9. 1937 in book g15, page 148, Official Records. Wt1EREA5, the City Planning tommission did hold a public heartng at the City Hall in the City of Anaheim on July 30, 1979~ at 1:30 p.m,~ notice of said public hearing having been duly given as requtred by law and in accordance with the provlslons of [he Anahein Munfcipal Lode, Lhapter 18.03. to hear and consider evidence for and against sald proposed reclassification and to investtgate and make findln9s and recommendations in connection therewith; and NHEREAS~ said Commission, after due tnspection, investigatlon and study made by itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does flnd and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the RM-24Q0 (Resfdential, Multiple-Family) Zone to the CO (Cormercial, Office and Professional) Zone. 2. That the Anaheim General Plan designates subJect propercy for cortimerclal-professional la~d uses. 3. That the proposed reclassificatlon is hereby granted subJect to the pe2itToner's sttpulatlon at the public hearing to provide a 6-foot high masonry wali along the sou[h pruperty line from Harbor Boulevard easterly to the public alley. PC79-154 4, That [he proposed reclassification of subJect property is necessary and~or desirable for the orderly and proper dcyelopment of thc community. 5. That the proposed reclassificatlon of subject property does properly relate to the zones and their permftted uses locally established in close prox(mity to subJect property and to the zones and their permttted uses generally established throughout the community. 6. 7hat the proposed reclassification of subJect property requires the dedication and improvement of abutting streets in accordance wlth the Ctrculatlon Element of the General Plan, due to ihe anticlpated increase in traffic which will be genera[ed by the intensification of land use. 7, That 2 persons indicated their presence at said public hearing in opposltion; and that no correspondence was received in opposition to the suhJect petition. ENVIRONHENTAL IMPACT PINDING: Tfiat [he Anaheim City Planning Commission has revlewed the proposa to rcc ass y subJect property from the RM-2400 (Restdential, Multipie-Family) Zone to the CO (Cammercial, Office and Professional) Zone on a rectangularly-shaped parcel of land conststing of approximately 0.9 acre located at the southeast corner of Santa Ana Street and Harbor poulevard, having approximate frontages of 185 fect on Lhe south stde of Santa Ana Street and 195 feet on the east side of Harbor Boulevard; and does hereby approvc the Negaiive Dectara[ion from thc requirement to preparc an environmental impact report on the basts that [hcre rrould be no slgnifican[ individual or cumulative adverse envirnnmencal impi~ct due to Lhe approval of [his Negative Declaration since the Anaheim General Pia~ designates the subJect property for commercial°professlonal land uses commensurate wTth the proposal; that no sensittve environmental impacts are involved in the proposal; that the Initial Study submitted by the petittoner indicates no signtfican[ individual or cumula[ive adverse environmen[al impacts; and that the Negative Oeclaration substantiating the fore9oing findings fs on fite (n the City of Anaheim Planning Department. NQW, TNEP.EFQP,E. EE !T RES^LYED Lhat thc Anahclm Ciiy °lanning Carmisslon does hereby grant subject Pet?tlon for Reciassification and. by so dolna. that Title 18-Zoning of [he AnaheTm Municipal Code be ame~ded co exclude [he above-described property from [he RH-2400 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE and to inco~porate said described property into the CO (COMMERLIAL. OFFICE AND PROFE5510'1AL) ZONE upon the following conditions which are hereby found to be a necessary prerequtsite to the proposed use of subJect properiy in order to preserve the saf~ty and general welfare of the Citizens of the Clty of Anahetm: 1. That the owner(s) of subJect property shall deed to the C?ty of Anaheim a strip af land 34.75 feet in width from the centerline of the street along Santa Ana Street and a 15 foot property line radlus at Santa Ana Street and Harbor Boulevard for street widening purposes. 2. That sidewalks shall be installed along Santa Ana Street and Harbor 8oulevard t~ accordance wtCh standard plans and speciflcations on fite in the Offtce of the Ctty Engineer. -2- PC79-15~~ : ~ 3. That street itghting facilitles along Santa Ana Street and Harbor Boulevard shali be instalitd as required by the Dtrector of Public Utilltles, and ln accordance wlth specifications on file in the Office of the Director of Public Utilttles; and/or that a bond, certiftcate of deposit, letter of credic, or cash~ in an amount and form satisfactory to the City of Anahelm shall be posted wlth the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 4. That the owner(s) of subJect property shall pay [o the Ctty of Anaheim a fee, in an amount as determined by the Ci[y Counctl, for tree planting purposes along Santa Ana 5[reet. S. That the veh(cular access rights. excapt at approved access point(s) to Harbor Boulevard shali be dedica[ed to the City of Anaheim. 6, That trash storage areas shali be provided fn accordance Nlth approved plans on file wtth the Office of the Dtrector of Publtc Works. 7. Thai fire hydrants shall be installed and charged as requlred and determined to be necessary by the Chief of the Fire Depariment prTor to commencanen[ of structural framing. 8. That the proposed buildfng shall have automatic ftre sprtnkler protectlon throughout as required by [he Ctty of Anahcim Flrc Depar[ment. 9. That drainage of subJect property shall be disposed of fn a manner satisfactory to thc Lity Engineer. 10. That the owner(s) of subject propercy shali pay the traffic stgnal assessment fee (Ordinance No. 3896) in an amoun[ as determined by the City Louncil~ for commerctal bulldings prior to the issuance of a building permit. 11. That [he owner(s) of subject property shall obtain modificatlons to the public alley and utTli[y easements which cross the property. Said modiftcations shall provide for co~tinued publtc access across subJect property to the alley to the ~outh oF sald property. These moclTftcatians shaii be submftted to and approved by [he City Attorney's Office and then shall be recorded in the office of the Orange County Recorder. 12. That a 6-foot hlgh masonry blxk wall shail be constructed along the south property line from Harbor Boulevard easterly to the public alley; provided~ hoxever~ that the wall shal! be 42 inches in hetghc within the 10-foot wide setback adJacent to Harbor Boulcvard, 13. Prlor [o the introduction of an ordinance rezoning subJect property. Conditlnn Nos. 1. 3, 4. 5 and 11. above-mentioned. shall be complcted. The provlsions or rtght5 granted by this resolution shall become null and void by actton of the Planntng Cortm{sslo~ unless said condtttons are complled with w(thTn one year fran the date hereof~ or such further time as the Planning Cammission may grant. 14, That CondttTon Nos. 2, F, 8, 9 and 12, above-mentiorteA~ shali be complled Nith prior to final b~~ilding and zoning tnspectlons. -3- Pc79-~54 ~~ .. BE IT FURTHER RESOLVED that the Anahelm CTty Planntng Cammission does hereby find and determine that adoptton of this Resolu[ion is expressly predicated upon appllcant~s compliance with each and all of the conditions heretnabove set forth. Should any such conditlon, or any pare thereof, be declared Tnvaltd or unenforceable by the final JudgmenC of any court of competent Jurisdictton, then thls Resolutlon~ and any approvals herein contalned~ shall be dee~ned null and void. 1979. THE FOREGOING RESOLUTION is stgne~ and approvcd by mc thTs 30th day of July, ~',~ ~.-t. ~ .E'3a-~-~-~-..J LHAIRMAN~ ANAHE~M CITY LANNING COMHiSS10N ATTEST: ~~ ~ ~~ SECRETARY, ANAHEIM CITY PLANNING GOMMISSION STAT[ OF CALIFORNIA ) COUNTY OF O(tANGE ) ss. LITY OF ANAHEIM ) I, Edith L. Harris. Secretary of the Anahelm City Planning Corrmisston. do hereby ccrttfy that ihe foregoing resolution rras ~assed anA adopted at a meeting of the Anahetm City Pianning Lortmisslon held on July 30, 197?. by the following vote of the members thercof: AYES: CO!1MISSIONERS: BAR4E5, BUSNORE, DAVID. HERBST~ KItJG~ TOLAR NOES: COMNISSIONERS: NONE ABSENT: COMMISSIONERS: FRY I!i WITNE55 WNEREOF, I have hercunto set my hand this 30th day of July~ 1979. `~a ~ ~ ~~. ~E~ET ~ NAHEIM Tfr LANNING OMH 55lON -4- PC7~-t54