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PC 85-185RESOLUTION N0. PC85-185 A RESOLOTION GF THE ANAHEIM CITY YL~INNTNG COMMISSiGN THAT PETITION POR RECLASSIFICATiON NO. 84-85-42 BE GRANTED 4~HEREAS, the Anaheim City Planning Com~iission did receive a verified petition foc Reclassificat:on from JOHN J. STEVENS AND FATiMA STEVF.NS, 17340 East Temple Avenue, La Puente, CaliEornia 91794, owners of certain real property situated in the City of Anaheim, County of Orange, State of Califocnia, described as follo~.is: THAT PORTION OF THE NORTH HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OE THE NORm~?WEST QUARTER OF SECTLON 26, TOWNSHiP 4 SOUTH, RANGE 10 WES~~ IN THE RANCHO LAS BOLSAS~ AS SHOWN ON A DIAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANECUS MAPS~ IN THE OFFiCE OF THE COUNTY RECORDER OF SAiD COUN'.CY~ DESCRIBED A5 FOLLOWS: BEGINNING AT THE INTERSECTION OF Tf1E CENTERLiNE OF KATELLA AVENUE WITH THE NORTHERLY PROLONGATION UF THE EASTL•'RLY LINE OF LOT 49, TRACT N0. 3240, AS SHOWN ON A MAP RECORDED iN BOOK 113~ PAGES i, 2 AND 3 OF PIISCELLANEOUS MAPS iN THE OFFTCE GF THE COUNTY RECURDER OC• SAID ORANGE COUNTY, CALLFORNIA; TH°NCE ALONG SAID NORTHGRLY PROLONGATION AND SAID EASTSRLY LZNE~ BEING ALSO THE BOUNDARY LINE OF SAID TF.ACT NO. 324G~ SOUTH 0° 56' 24" EAST, 186.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 49; THENCE CONTINUING ALONG SAID BOUNDARY LINE OF TRACT N0. 3240, NORTH 89° 13' 30" EAST, 89.02 FEET TO THE WESTERLY LINE OF THE EASTERLY 211.00 FEET OF SAiD NORTH HALF OF THE WEST HALF UF THE NORTHEAST ~iUARTER CF THE NOI2THWEST QUARTER OF SECTiON 28, TOWNSHLP 4 SOUTH~ RANGE 10 WEST IN THE RAtdCHO I~AS 60LSAS; THENCE ALONG SAID WESTERLY LLNE, NORTH 0° 55' 30" WGST, 186.00 FEET TO SAID CENTERLiNE OF KATELLA AVENUE; THk;NCE ALONG SAiD CENTF.RLINE~ SOUTH 8.9° 13' 30" WEST, 89.07 FEET TU THE POINT OP E3EGINNI:IG. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Cent~~ in the City of Anah?im on August 5, 1985 at 1:30 p.m., noLice of said public heaciny havin7 Leen duly given as required by law and in accordance with the provi=io~~s of the Anaheim btunicip~l Code. Chapter 18.03, to hear and considec evidence for and against said proposed reclassification and to i~~vestigate and make findings and recommendations in connection thetewith; dnd WHEREAS, said Commission, after due inspection, investigation and study mada by il:self and in its behalf, and after due consideratio~ of all evidence and reports otfeced at said hearing, does find and determir~e the following facts: 1. That the petitioner proposes reclassiEication ui Gubject prcperCy Lrom RS-A-43,000 (Residential, A~cicultu[al) Zone to the Cli (COmmercial, Limited) or a less intense zone. 2. That the finaheim General Plan designates subjecC property for general commercia.t land ~ses. 05R8r PC85-185 ,, „ , 3. That the pr.oposed reclassification of subject property Lo the CL (Commeccial, Limited) Zone is r.ecessary and/or desirable for the orderly and propec development of the community. 4. That the proposed reclassification of subject property does properly celate to the zones and theic permitted uses locally e~tablished in close proximity to subjecl• property and to the zones and their permitted uses generally established throughout the cammunity. 5. ThaL- the proposed reclassification of subject property requires the improvement of abutting streets in accordance with the Cicculation Element of the General Plan, due to the anticipated increase in traffic which will be genetated by the intensification of land use. 6. That one person indicated her presence at said public hearing in opposition to the proposed waivar of maximum sign size; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL iP1PACT FiNDING: That the Anahezm City Planning Cummission has reviewed the proposal to ceclassify subject property from the RS-A-93,OU0 (Residential, Ayricultural) Zone to the CL (COmmercial, Limited) Zone to permit a spiritual psychic palmist in a residential structure with waivers of minimum feont setback, maximum structural height, minimum landscaped setback, requi~ed site screening and maximum sign area on a rectang;ilatly-shaped parcel of land consistin9 of approximately 11,220 square feet, having a tcontage of approximately 89 feet on the south side of Katella Avenue, ~nd Further descri.b~d as 157U west Katella Avenue; and does hereby appr~~ve the Negative Declaration upon finding that it has considered the Negative Declara~ion togethec with any comments received duriny the public review process and further findin9 on the basis of. the inil•ial s~udy and any commencs receive~ that there is no substantial evider,ce that the project will have a>ignificant ef.fect on the environment. NOW, THEHGN'ORt, B~ tT kESOLVED that the Anaheim City Planning Cornmission doec heceby yrant subject Petition Eor Reclassification and, by so doing, that 7'itle LB-ZOning of the Ananeim Municipal Code be amended to AY~lude r_he ahove-described property °rcm the RS-A-43,000 (Residential, Agcicultutal) Zone and Co incorpo~ate said desctibed property into the CL (COmmercial, Limite~) 'Lone upon the folloa~ing conditions which are hereby found to be a necessary ~rcrequi~ite to the pcoposed use of subject property in order to presecve che safety and general welfare of the Citizens of the Ci:y oE Anahetm: 1. That the owner ~f subjecl property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 60 feet in width fcom the centerline of the ~treet along Katella Avenue fur street ~iideniny pucposes. Thac a casl~ paynent in an amount satisfactory to the City of Anaheim shal). be posted with the City for the telocation of the existing street improvements to the ultimate location. _z_ PC85-185 3. That prior to the introduction of an ordinance rezoning subject pruperty, Condition Nos. 1 and 2, above-mentioned, shall be completed. The provisions or rights 9ranted by this resolution shail become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resoiution, or such further time as the P.lanning Commi~sion may grant. IiE iT PURTHER kESOLVED that the Anaheim City Planning C~mmission does hereay find and determine that adootion 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 oart thereof, b~ 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 RESOLUTiOtd is signed and approved by me this 5th day of August, 1985. ~ ~~G'~-c~L~...~ t _ C~ ~' ~ ~ ~ CHAIRWObtAN, ANAHEIM CITY PLANNING COPIMISSiON ATTEST: /J ~~i' L~ / ~ f~~ ~.L1~c 2c~ ~ ~~ Z~ SECRETARY, ANAHEIM CITY PLANNING COMMiSSiON STATE OF CALIFORNIA ) COUNTY UF ORANGE ) gg, CITY OF ANAHEIb1 ) i, edith L. Hacris, ;ecretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of t_he Anaheim City Planning Commission held on August 5, 1985, by the following vote of the members thereof: AYES: COMMZSSLONERS: BUUAS, FRY, HERBST~ LA CLAIRE, LAWICKI, MC BURNEY NUES: COMMiSSLONERS: NONE ABSENT: COMMISSION$RS: MESSE IN WITNESS WHEREOP, I have hereunto set my hand this 5th day of August, 1985. - "~~~-~ ~ i~ SECRETARY, ANAHEIM CiTY PLANNING COMMISSION '3- PC85-185 '~'~f l