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PC 83-223;;;~,..;; I ~~;%. ~ ;,.; , ; a: ~ ~~~i: 1 ?~.+: RESOLUTION NO. PC83-223 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 83-84-12 BE GRANTED i WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from COLLINS FOODS INTERNATIONAL, INC., 5400 Alla Road, Los Angeles, California 90Q66, owner, and EDWIN MESERVE, 4000 Mac Arthur Boulevard, Suite 1500, Newport Beach, California 92660, agent, of certain real propecty situated in the City of Anaheim, County of Orange, State of California, described as follor.s: ~;;. `.%`, LOT 40~ OF TRACT N0. 8080, AS SHOWN ON A MAP THEREOF ~'; RECORDED IN BOOK 343~ PAGES 22 AND 23 OF MISCELLANEOUS MAPS~ RECORDS OF SAID ORANGE COUNTY, f WHEREAS, the City Planning Commission did hold a the Civic CenL•er in the City of Anaheim on November 14, 1 831at 1e30ing at notice of said public hearing having been dul P'm'' accordance with the Y 4i~en as required by law and in provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider evidence foc and against said prooosed reclaasification and to investigate and make findings and r.ecommendations in connection l; 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 petitionet proposes reclassification of subject property from the RS-7200 (Residential, Single-Family) Zone to the CL (Commercial, Limited) Zone to construct a commercial buildfag. 2. That the Anaheim General Plan designates s~bject property for general commercial land uses. 3. That the propos~d reclassification of subject property is necessarv 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 througnout the community. 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. G. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ~0094r PC83-223 ~ ~ ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-7200 (Residential, Single-Family) Zone to the CL (Comm>arcial, Limited) 7one to construct a commercial building on a recta~gularly-.>haped parcel of land consisting of approximately 0.22 acre locattd at the southeast corner of Sycamore Street and State College Boulevard; and 9oes hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 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 am~nded to exclude the above-described property from the RS-7200 (Rtaidential, Single-Family) Zone and to incotporate 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 o£ the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along State College Boulevard and Sycamoce Street in an amount as determine3 by the City Council. 2. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along State College Boulevard and Sycamore Street in an amount as determined by the City Council. 4. That prior to is~uar.ce of a building permit, the appropriate traffic signal assessment fee shall be paid to the City oE Anaheim in an amount as determined by the City Council for new commercial buildings. 5. That prior. to issuance of a building permit, the applicant shall obtain vehicular access rights to Sycamore Street :com the City of Anaheim. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that the trash enclosure shall be relocated to face easterly and shall be located a minimum of 8 feet from the northerly property line, and that the proposed curb cut from Sycamore Street shall be a maximum of 25 feet in width with 10 feet radius curb returns, as require9 by the City Traffic Engineer. -2- PC83-223 ~ ~ 7. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 3, above-mentioned, shall be completed. The provisions or rights gcanted by this reaolution shall become null and void by action of the Planning Commission unless said conditions are complied witn within one year from the date of this rESOlution, or such further time as the Planning Commission may grant. 8. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssion does here5y 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 condi.tion, or any part thereof, be declared invalid or unenforceable by the final judgement 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 14th day of November, 1983. '~~~`u~ ,- / j ~ ~~ CHAIRWOMAN~ ADt EIM CITY PLANNING COMMISSZON ATTEST: ~ ~ ~~ i C, ,~~~ .~.~/~.: SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAtiGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereay certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heid on November 14, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, BERBST, KING~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FRY~ LA CLAIRE IN WITNESS WHEREOF, I Have hereunto set my hand this 14th day of November, 1983. l "~ ~.~ ,~~ ~,~~. SECRETARY, ANAHEIM CITY PLnNNING COMMISSION -3- PC83-223