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PC 85-11RESOLUTION N0. PC85-11 A RESOLUTION OE' THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFZCATION N0. 84-85-15 IIE GRANTED WHEREAS, the Anaheim City Planning Commi~sion did receive a verified petition for Reclas~ification from JOE PERSHING AND CATHERiNE HILDA ADELE LEMONS, 1808 West Chalet Avenue, Anaheim, California 92804, owners, and DR. DGNALD F. REAS, 441 South Euclid Street, Anaheim, California 92~02, agent for certain real property situated in the City of Anaheim, County of Orange, State of Cal.ifornia, described as follows: ThAT PORTION OF THE SOUTHEAST QUARTER OY THE NORR'HF.AST QUARTEF2 OF SECTION 17, TOWNSHIP 4 SOUTH~ RANGE 10 WEST, PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA AND PARTLY ZN THG RANCHO LUS CQYOTES, hS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA, DESCRIBED AS FULLOWS: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the CiYic C?nter in the City oF Anaheim on January 7, 1985 at 1:30 p.m,, notice of said public heariny havir.g been duly given as required by law and in a~cordance wzth the provisions of the Anah?im [•]w~i~ipnZ 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, ~aid Commission, after due inspection, investigation and study made by itself and in its benalf, and after due consideration of all evidence and reporl•s offered at said hearing, does find and determine the following facts: 1. That the netitioner ntoroso~ recZa~cificatior, oC subject propecty from RS-A-43,000 (Residential, Agricultural) Zone to the CL (COmmetcial, Limited) Zone. 2. That the Anaheim General Plan designates subject property for general commercial land uses. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the commanity. 4. That the proposed reclassification of subject property does properly relate to the zones and their p~rmitted uses locally established in close pcoximity to ~ubject property and to the zones and their permitted uses generally established throughout the community. 5. That no one i.ndicatad t.heir presPnce at said public hearing in op.position; and that no correspondence ~aa received in opposition to subject petition. ~0408r PC85-11 ECJVIRONMENTAL i19PACT FINDING; That the Anaheim City Planning Commission has reviewed the proposai to rec]assify subject prop2rty fcom the R5-A-43,000 (Residential, Agricultural) Zone tu the CL (COmmercial, Limited) Zone oc a less intense zone to permit the cummercial usc of a residential structure with wai.v~r of requiced location of parking space~ on an irregularly-shaped pGrcel c` land consisting of approximately 0.39 acre, having a frontage of approximately 164 feet on the west side of Euclid Street, and L-urther described as 441 Suuth Fuclid Street; and does 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 findiny 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, THSREFORE, dE IT RESOLVED that the Anah~im City Planning Commission does hereby grar,•t subject Petition Eor Reclassification and, by So doing, that Title 18-Zoning of the Anaheim tifunicipal Code be amended to exclude the above-described property from the RS-A-43,G~0 (Residential, Agricultural) Zone and ko incorporate said described property into tt~e 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 the owner of subject property shall pay to the City of Anaheim a Eee for street lighting alung Eucl~d Street in an amount as determined by the City Council.. 2. That the owner of subject pruperty shall pay to the City of Anaheim a fee for tree plantir.g purposes along Euclid Street in an amo~nt as dete:mined by the City Council. 3. That al.l vehicular access rights to Euclid Street shall be dedicated to the City ot nr,ahAim, ~• In conformance with Anaheim Development Plan No. 25, a 20-foot wide private access easemen~ nermittin~ accecc a~r~ss subject pro ert Eo e~jn trom the adjacent properties and located adjacent to the west propE~ty line shall be recorded in the Office of l-he Orange County Recorder.. 5• That prior to the introduction of an or.dinance rezoning subject property, Condition tdos. 1, 2, 3 and 4, above-mentioned, shall be completed, The provisions or rights grar,ted by this resolution shall become null and void by action of the Planning Commission unless sai.d couditions are complied with within one year from the date of this resolution, or such further time as th~ Planning Commission may grant. -2- PC85-11 ~~,,, .... _ BE IT PURTFiER RESOLVEil that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicaced upon applicant's cornpliance with each and all of the conditions hezeinabove set forth. Shou.id any such condition, or any part thereof, be declared invalid or unenforceable uy the final judgment of any court of compet~nt jurisdiction, then this Resolution, and any approvals herein contair.ed, shall be deemed null and void. • THE FOREGGING RESOLUTION is signed ' and approved by me this 7th day of January, 1985. j j j -- } ~ / ,. ,i~ /,~~ ~ ~7i/r CE ~/- CFIAI MAN, ANAHF.I C TY PLANNING COMMIP,SION ATTEST: ~/jJ 'L Gf!l _ "~' ~ /~ - __~^~GV'Lt1~i SECRETARY, ANAHEiM CITY PLADINING COMI4TSSION STATE GF CALIFORNIA ) COUNi'Y UF ORA[vuE ) ss. CI2'Y OF ANAHEZM ) I, Edith L. Har.ris, Secretary of the Anaheim City Planning Cor~mission, do hereby cectify tliat the forego~ng resolution was passed and adopted at a meeting r,f the Anaheim City Planning Commission held on January 7, 1985, by the folJ.awing voce of the nember~ tnereof: AYES~ COMMiSSIn~?ZS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: ~OMMISSIONSi2S: NONE ABSENT: COMMISSIONGRS: NONE IN WITPlESS WLEREOF, I have hereunto set my hand this 7th day of January, 1985. L~// // ~ /~i~/~ F .~/ ~ .~~~C~ "'_"= ^-~ l .%}~6G2 ~. ~~. SECRETARY~ ANAHEIM CITY PLANNING COM,MI~SION '3' PC85-11