Loading...
PC 80-36RESOLUTION N0. PC80 -36 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 79 -80 -30 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from LINCOLN SCHOOL PROPERTY, 320 Pine Avenue, Suite 610, Long Beach, California 90802, owner, and JAMES R. UNDERW00D, P. 0. Box 1011; Reseda, California 91335, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the Northwest quarter of the Northeast quarter of Section 17, Township 4 South, Range 10 West, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as said Northeast quarter is indicated on a map of Tract No. 647 recorded in Book 20 Page 34 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point In the North line of the Northwest quarter of the Northeast quarter of said Section, Westerly 98.00 feet from the Northeast corner thereof; thence West 100 feet along the North line of said Northwest quarter of the Northeast quarter; thence South 300.00 feet; thence East 100.00 feet; thence North 300.00 feet to the point of beginning. Except the North 66.00 feet as described in a deed to the state of California recorded August 7, 1957 in Book 3998 Page 11 of Official Records. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on February 25, 1980, 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; 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 CL (Commercial, Limited) Zone. 2. That the Anaheim General Plan designates subject property for commercial professional 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. PC80 -36 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. 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 CL (Commercial, Limited) Zone in order to construct a barber school with waivers of minimum number of parking spaces, maximum structural height, minimum landscaped setback and required site screening on a rectangularly- shaped parcel of land consisting of approximately 0.54 acre, having a frontage of approximately 100 feet on the south side of Lincoln Avenue, having a maximum depth of approximately 234 feet and being located approximately 230 feet east of the centerline of Crescent Way; 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 commercial professional 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 all engineering requirements of the City of Anaheim along Lincoln Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; 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. 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 street lighting along Lincoln Avenue. -2- PC80 -36 3. 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 Lincoln Avenue. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. 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. 7. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, 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. 10. That Condition Nos. 4, 5, 7, and 8, above - mentioned, shall be complied f 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 25th day of February, 1980. ATTEST: • SECRETARY, ANAHEIM CITY PLANNING COMMISSION �d / -9. t CHAIRWOMAN, Gam/ I'IR O ' AN, ANAHEIM CITY PLANNING COMMISSION -3- PC8O -36 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 February 25, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1980. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February, Ltd 1 SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC80 -36