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PC 85-180RESULUTIUN NO. PC85-160 A RESULUTI~N OF' THE ANAHEIM CITY PLAD1NI~lG COMF]ISSION THAT PL•'TITIpN FOR RECLASSIFICATION N0. 84-85-37 BE GRAMTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from RALPEi W. MAAS AND VIRGINIA G. MAAS, c/o WTLLIAM k. FROEBEHG, 3553 Camino Mira Costa, Suite F, San Clemente, California 92672, owners, and RICK LESLIE, 4246 Greenbusli Avenue, Sherman Oaks, Califoznia 91423, agent for certain ceal property situated in the Citl• of Anaheim, County of Ocan9e, State of California, described as follows: TH5 WESTERLY 120.00 FEET OF Tt1E EASTERLY 154.75 FEET GF THE SOUTIIERLY 120.00 FEET OF TH6 NOR2'HEP.LY 153.00 FEET (MEASURED FAOM AND ALpNG THE CENTER LINE OF l'ERMONT STREET, FORMERLY BROAD STREET ON THE NORTH At7D HAP.DOR BOULEVARD, FORMERLY PALM STREET ON THE EAST) OF LOT 28 OF AlJAHEIM EXTENSION, IN THE CITY OF ANAHEIM, CUUNTY OF ORANGS', STATE OF CALIFORNIA, AS PER hiAP OF SURVEY t•1ADE BY WILLIAM FiAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDEP. OF LOS ANGELES COUNTY, CALIFORNIA~ A COPY OF WHICH IS FILED IN BOOK 3~ PAGES 163 ET SEQ. OF LGS ANi;ELE5 CUUNTY MAPS, IN THE OE'FICE OF THE COUNTY RECORDFR OF SAID ORANGE COUNTY. WHEREnS, rhe Ci~y Planniny Comnission did hold a publ;c hearing at the Civic Center in tlte City of Anaheim on June 24, i985 at 1:30 p.m., notice ot said public heacing having bee^ duly given as required by law and in accocdance with the provisi.ons of the Anaheim Municipal Code. Chaptec 18.03, to hear and consider evidence Eor and against said proposed teclassification and to investigate and make findings and cecommendations in connection therewith; said public hearing ha/ing been continued to the Planning Commission meetir,g of August 5, 1985; and WHEkEAS, said Comtnission, after due inspection, investigat?on and ~,J 1.~• =t -~ri ~~M ~r M~ ii h ~ ..tnd1 .,.~~ c.,, itcc _ ~.. _.. _._ .._ .:L'~ _.. ~f __ uc cor.~:dera ior. nt aZ evidence and reports offered at said heari~ig, does find and determine the following facts: 1. That the petitioner propo~es r~classification of subject property from the RS-A-43,000 (Residentisl, Agricultural) Zone to the CL (COmmercial, Limiteci) or a less intense zone. 2. That the Anaheim G2neral Plan designates subject property for commercial, cecreational land uses. 3. That the proposed rer,lassification of subject property to the CL (Cammercial, Limited) Zone is necessary and/or desirable foz the orderly and proper develonment of the community. 4. That the proposed reclassification of subject propect~ does properly relate to the zones and their permitted uses locally escablished in close proximity to subject pcoperty and to the zones and their permitted uses generally established throughout the community. OStf3r PC85-180 5• that the proposed ceclassification of subject property reguires the improvement of abutting streets in accocdance with the Circulation Element o£ the General Plan, due to the anticipated increase in traffic which wi1.1 be generated by the intensiEicatiun oE land use. 6~ That two persons indicated their presence at said public heariny in opposition; and that no cocrespondence was received in opporition to subject ~etition. ENVIROtJM~NTAL IMPACT FiNDING: That the knaheim Ci.ty Planning Commission has reviewed the proposa.i to reclassify subject k5-A-43,OU0 (Residential, Agricultural) Zone to the CL Property from the ~r a less intense zone to construct a commercial sho «ommercial, Limited) ~F minimum structural setback on a PPing center with waiver consistin of a r~ctanyulacly-stiaped parcel of land 9 pproximately 11,360 syuare feet located at the southwest corner of Verniont AvEnue and Harbur ~oulevard, and further described as 901 South Harbor Boulevard; and does hereby approv~ 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 ot the initial study and any comments ceceived that there is no substantial evidence that the project will have a significant effect on the environment. NOW, TH~kEFORE, bE IT KESOLVED that the Anaheim City Planning ~ommission does heceby grant subject Perition for P,eclassification and, by so ~j~ing, that '1~it1e 18-7.oning of tne Anaheim Ftunicipal Cede be amended to ?~clude the above-described propecLy from the RS-A-43,000 (Residential, A9ricuitural) Zone and to incocporate said property into the CL (Commercial, Limited) ~one upon the following conditions which are hereby found to be a necessary precequisite to the proposed use of subject property in order to preserve the safety and g<neral weifare of the Citizens of the City of Anaheim: l. That the owner of subject pcoperty shall, on separate docurnents, irrevocably offer to dedicate to Che City of Anaheim, a strip of land (a) 53 feet in width from the cAnte_*~ir.c cG Lt;r screet along L~cLui buulevard for street widening purposes, including a 15-foot radius property line return; and (b) a strip of land 60 feet in width from the centerline of the ~treet along Narbor Roulevard for additional street widening purposes. Said dedication shall shall include subject property as well as the 30-foot wide strip of property in~mediately south of subject property (if access is proposed trom Harbor aoulevard). 2. That sidewalks, curbs, gutters and paving shall be removed and./or reconstructed along Harbor IIoulevard for subject property as we:l as the 30-foot wide strip of pcoperty immediately south of subject pcoperty as required by the City Engineer and in accotdance with standard plans and specifications on file in the Office of the City L•'ngineer and that security in the form of a bond, certificate og deposit, letter of c~edit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisiactory completion of said improvements, Said security shall be pasted with the City prior to introduction of an ordinance rezoning subject property to guarantee the installation of the above-required improvements prior to occupancy, -2- PC85-IQO 3. That street lighting Eacilities along ifarbor Boulevard shall be installed as required by the Ucilities General hfanager in accordance with specifications on file in the Office of Utilities General hianager, and that security in the focm of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anahr~i;~, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. said security shall be posted with the City of Anaheim prior to an introductien of an ordinance rezoning subject property. The above-reyuired impcovements shall be installed prior to uccupancy, 4. That, in Lhe event a common driveway is provided adjar_ent to Harbor Boulevard, the owner oE subject property shall record a mutual vehicular access easement to be shared With the property immediately south of subject property for common vehicular ingress and egress purposes. Said easement shail be designed in a manner satisfactory to the City Traf£ic Engineer and said easement document shall be in a form satisfactory to the City Attorney. A copy of the racorded document shall then be submicted tc the Planning Department. 9. That prior to the introduction of an ordinance rezoning subject ~coperty, Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The provisions or riyhts gtanted by this resolu~+on shall becnme nu11 and voiJ by action of the Planning Camrtiisston unless said conditions are conpiied with within one year From the date of this cesclution, or such further time as the Planning Commission mas grant. ~~ IT F'UitTHER RF.SOLVED that the Anaheim City Planning Commission does heceby find and dete[mine that ado~tion of this Resolution is eXpressly predicated upon applicant's compliance with each and all of the conditions hereinabove set Eorth. Should any such condition, or any part thereof, be aeclared invalid or unenfocceable by khe finai judgment of any court of competent jurisdiction, rti~~ .~:•• ;`~~j~`i~~ w~„ ~n a contained, shall be deemeu null and void. ~ Y PP[ovals herein THt; FOREGOING RESOLUTION is signed and app[oved by me this Sth day of Auyust, lyy5. l~/LCLL~ ~y~Ct (~C C~-C~L-t J CHAIRWOFIAN~ ANAHEIM CITY PLANNING CO6IMISSION ATTBST: ~ ~ ~'~' ="' ~' =~' ~3'! :~.~ ~ SE(;RETARYr ANAyEIM CITY kLANNING COt4MISSION ~ -3 PCHS-180 ~ _~ ;-• . STATL•' OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Ylanning Commission, do hereby ce~*_ify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 5, 1985, by the following vote of the members there~f: AYES: COMA]ISSIONERS: i30UAS~ FRY, HERBST, LA CLAIRE~ LAWICKI, P!C BURNEY~ NOES: COM6IISSIONERS: NONE ABSENT: CqMhIISSi0NER5: MESSE IN WITNESS WHEREOF, I Have her?~nto set my hand this Sth day of August, 1985. ~ /J ~ ~ ~ ,!~ ,'y~=[~~1 ~' - SECRETARY, ANAHSIM CITY PI,ANNING COyI9ZSSI~:7 -4- PC85-180 6 .