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PC 80-89RESOLUTIQ;~J tJO. PC30-8 A RESOLUTI01~~ OF TIIE A~d/1HEIt9 CITY PL./1iJtJIP1G CO~SfiISS10!; THf1T PET~ i IOti FOR RECLASSIFICATIOf! !J0. 7a-';o-39 I3E G!?Fl^lT~D. WHEREAS, ti~e Anaheim City Planning Commission did receive a verifted Netition for Rec~assification from JOFIPJ PRIE~1, SR., n3? South I;nott Street, Anaheim, Californfa 9230,, o~•m er of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: THOSE PORTIONS OF LOTS 1, 2 AfiD 3 OF TRACT iJO. 1?03, PER MAP RECORDED IhJ [3001: 16, P61GE 11, OF ^iISCELL/1PIEOUS MAPS, It•! THE OFFICE OF THE COUI•ITY RECORDER OF SAID COUiITY, P10RE PARTICULARIY DESCRIBED AS FOLL04IS: BEG I MN I NG AT THE SOUTN4dESTEP,LY C~RtdER OF SA i D LOT 3; THEiiCE EAST[P,LY ALONG Tf1E SOUTIIERLY L I ~vE OF SA I D LOTS TO THE SOUTHE/1STCRLY CORtIER OF SA I D LOT 1.; TiiEtJC[ ~JQP,'fHERLY ALONG THE [ASTEF;LY LINE OF SAID LOT 1 TO TI1E SOI~THERLY L~tlC OF TI1[ DIORTHERLY 56 FEET OF SAID LOT 1; TIIENCE WESTERLY ALONG SAID LAST-MEMTIOMED SOUTIIERLY LINE A DISTAMCE OF 20 FEET; TNE~dCF NORTIII~JESTERLY IM A DIRECT LIPlE TO TIiE SOUTHIJESTERLY COP,~•!ER OF 1JORTIIEP,L1' 3~ FEET OF Tf1E EASTERLY 40 FEET OF SAI D LOT i; THEFlCE 4JESTERLY ALOFlG THE SOUTHERLY LIPlE OF THE tIORTii[RLY 3~ FCET OF SAID LOT 1 TO THE EASTERLY LIlIF. OF SAID LOT 2; THE~JCE SOUTHE?LY ~1LOMG SAID ~ASTERLY LINE OF LOT 2 TO THE SOUTHEP,LY LI"!E OF THE WORTHERLY 61 FEET OF SA i D L OT 2; 7FIED!CE WESTERLY ALOflG SA I D SOUTH[RLY L I ~IE TO TfiE l•JESTEP,LY L I t!E OF THE EASTERLY 3~ FEET OF SA I ~ LOT 2; THEtlCE P~ORTHER(,Y ALO~1G Sr11 D WESTEfiLY L i tdE TO TFIE SOUTHERLY L I ~lE OF THE NORTHERLY 36 FEET OF SAID LOT 2; ThIEPdCE k~ESTFRLY AL6MG THE SOUTI1EpLY LINF OF THE PJORTHERLY 3G FEET OF SAIQ LOTS 2 AFJD 3 TO THE IJESTERLY LIME ~F SAID LOT 3; 7HFtJCE SOUTHERLY ALOrIG SAIp 41ESTERLY L I rdE OF LOT 3 TO THE PO I raT OF 3F (; ~ pl~i ~ rtr,. WHEREAS, the City Planning Commission did hold a public hearing at tfie City Hall in the City of Anaheim on June 2, 19$0, at 1:30 p,m., notice of said public hearing having been duly given as required by )a~-~ and in accordance with the provisions of the Anaheim ~tunicipal Code, Chapter ~`.'.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection there~~ith; and 41HER[~1S, said Commission, after due inspection, investigation and study made by itself and in its behalf, and sfter due consideration of all evidence and reports offered at said hearing, does find and determine the follosfing facts: 1. That the petitioner proposes reclassification of subject property from the RS-A-G3,0!)0 (Residential/Agricultural) Zone to the CL (Cor~mercial, Limited) Z.one. 2. That the Anaheim feneral Plan design~tes suhject property for general commcrcial land us~s, 3. That the pro~osed reclassiFication of sub,ject property is necessary and/or desirable For tne order)y and proper development of the community. PC8Q-£39 4. That tlie proposecl reclassification of sut:ject property does properly relate to the zones and their pennitted uses locally established in close proximity to subject property and to the zones and their permitted uses gr.neraliy established throughout the community. 5. Tliat tlie proposecl reclassification of subjr..ct property requires the dedication and improvement oi~ abutting streets :n accordance ~~itii tlie Circulation Element of the General P1an, due to the anticipa~ed increase in traffic which ~vi11 he 9enerated by the intensification of land use. 6. That no one lndicated their presence at said public hearing in opposition; and that no correspondertce ~•ras received in opposition to the subject petition. E~1VIP,ONMENTAL lf1PACT FIWDING; That the Ar.aheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS~A-~t3,pp0 (Resident•ial/Agricultural) Zone tc, the CL (Commercial, Linited) Zone to permit an automotive servicing center witii waivers of maximum structural height and minimum landscaped setbacl: on an irreaularly-shaped parcel of land consisting of approximateiy 0.53 acre (including subject property) liaving ap~roximate frontages of 295 feet on the south side of Lincoln Avenue, (.,,5 feet on the eust side of Hardiny Drive and a frontage of E6 feet on the a~est side of Grand Avenue; and does hereby approve the t•legative Declaration from the requirement to prepare an environmental impact report on the basis that there orould be no significant individual or cumulative adverse environmentai impact due to the approval o` this Plegative Declaration since tfie Anaheim General P1an designates the subject property for general commercial land uses commensurate a~ith the propusal; that no sensitive environmental impacts are involved in the proposat; that the Initial Study submitted bY the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that che Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Uepartment. NOId, TfiEREFORE, 8E IT RESOLVEb that the Anaheim C!ty Planning Commission does hereby grant subject Petition for ReclassificaCion and, by so doing, that Title i8-Zoning of the Anaheim htunicipal Code be amended to exclude the above-described P~operty from the R5-A-43,000 (RESIDF.t1TIAL/AGRICULTURAL) ZO~I~ and to incorporate said described property into the CL (CD~IMERCIAL, LI~tITED) ZO61E upon the follotving conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and genera) welfare of the Citizens of the City of Flnaheim: 1. That the oianer(s) of subject property shall deeci to the City of Anaheim a strip of land 3~ feet in widtli from the ceri*erline of the street along fiarding Drive and 10 feet in width From the centerline of the alley, for street and aliey widening purposes. 2. That the cwner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as dete-mined by tfie City Council, fo; tree plantin~ purooses a1on9 Gram~ Avenue and Harding ~rive. 3. That street ~ighting facilities along Lincoln Avenue, Grand Avenue and Hardin~ Drivc shall be installed as required by the Office of Ltilitics (;eneral f•lanager, and in accordance ~aith specifications on file in the 0`fice of Utilities -2- PCIIO-39 General ~lanager; 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 yuarantee tlie installation of tlie ab~ve-m~ntioned rec,~~irements prior to occupancy, 4. That sidet•iall:s shall be installed along Grand Avenue as required by the City Engineer and in accordance ~•~ith standard plans and specifications on file in the Office of the City Engineer. 5. That the otiner(s) of subject property shall pay the traffic signal assessment fee (Ordinance ~lo. 3~3~) ~n an amount as determined by tl~e ~ity Council, for commercial buildinys prior to the issuance of a building permit. 6. That the o~vner(sj of subject property shatl suhmit a letter requesting the termination of Conditional Use Permit P~o, 919 to the Planning Department. 7. That the proposed automotive servicing center shall comply with all signiny requirements of the CL (Commercial, Limited) Zone. E. That subject property shalt be developed sulistantially in accordance with plans and specifications on file ~~itli the City of Anahein marked Exhibit Nos. 1 and 2. 9• Prior to the introduction of an ordinance re~oning subject property, Condition ~los. 1, 2, 3 and 6, ahovP-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Comnission unless said conditions are complied ~•~ith ~~~ithin one year from the date hereof, or sucti further time as the Planninc~ Commission may grant. 10. That Condition IJos. !~, 7, and 3, above-mentioned, shall be complied with prior to final huilding and zoning inspections. BE 1 T FL~RT'!"^, ,°,ESaLVED tha t tii~ Anane i m C i ty P 1 ann i ng Comm f ss i on does hereby find and determine that adoption of this P,esolurion is expressly predicated upon applicant's compliance a~ith each and all of tiic conditions hereinabove set forth. Should any such condition, or any part therecf, be ;ieclared invalid or unenforceabl-. by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TI1E FOREG01~lG RESOLUTIOPI is signed and approved by me this <"nd day of June, i98n. ATTEST: L'~2 ~~,., ~ ~~~ CHA I RIJOP!AP!, ANP.HE I M C I TY PLAtIN I M~ COMM 1 SS I ON `C~.r~, dt° /bl~.~ SECRETARY, APIAI-IE I t1 C I TY PLAiIN I ~dr, COt1P11 SS I 0'I -3- PcBo-B9 STATE OF CALIFOR~IIA ) COUPITY CF ORAtlGC ) ss. ClTY OF AtdAHEl~t ) I, Edith L. fiarris, Secretary of the Anaheim CitylP)anning Commission, do hereby certify that the foregoin~ resolution e~as passed and adopted at a meeting of the Anaheim City Planning Commission held on June 2, 1?R(1, hy the follo~ving vote of the members thereof: AYES: COf•1~11SSIOPlERS: E3(ISHOR[, DAVID, FRY, f:ING NOES: COMMISSIOIfERS: BARMES, TOLA~ AQSENT: COP1"11SSIOtlERS: HERBST IP! 4JIT~lESS 41HEREOF, I have hereunto set my hand this 2nd day of June, 19$0. `~~ ~ %Z~ SECRLTARY, A~IAHElt1 CITY PLArlPJING COM~~tISSION -4- PCBO-89