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PC 85-240RESOLUTION NO. PC85-240 A RESOLUTION 0? THE ANAHEIM CITY PLANNING COMMISSION THAT PETZTION POR RECLASSIFZCATION N0. 85-86-7 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from BC INVESTb]ENTS 85-2, 3471 Via Lido, @213, NeNport IIeach, California 92663, owner, and BALALIS CORPORATION, 3971 Via Lido, #213, Newport Aeach, California 92663, agent for cereain real property situated in the City of Anaheim, County of Orange, State of California, described as follows; THE EASTERLY 150 FEF.T OF THE SOUTEf ONE-HALF OF TNE SOUTH 10 ACRES OF THE WEST 20 ACRES OF THE NORTH4]EST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18~ 7N TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE RAClCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER P1AP RECORllED IN BOOK 51 PAGE 7, ET SEQ., MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO;ii~TY. MORE COMMONLY K[40WN AS 2545 WEST BROADWAY, ANAHEIM, CALIFURNIA. WHEREAS, the City Planning Commission did 'nold a public t~earing at the Civic Centec in ~he City of Anaheim on September 30, 1985 at 1:30 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code. Chapter 18.C3, to hear and consider evidence for and against said prop~sed reclassification and to investigate and make findings and recommendations in connection the[ewith; said public hearing having been continued to the Planning Commission meeting of November 13, 19II5; and WHEREAS, said Commission, after ~3ue inspection, investigation and study made by itself and in its behalE, and after due consideration of all evider.ce and reports offered at said hearing, does find and detern~ine the ~ollowing facts: 1• 7'hat the petitioner p:oposes rr.classification of subject property from the CL (Commercial, L;mited) zone Lo the RM-1200 (Residential, Multiple-Family) zone. 2• ~har_ the Anaheim General Plan designates subject property for Commercial, Office and Professional land uses. 1• That the proposed reclassicication oE subject property is necessary and/or desirable for the orderly and proper d2velopment of the community. 4• That the proposed reclassification oE subject pcoperty does p[operly relate to the zones and their permitted uses locally established in close proximity to ~ubject nroperty and ko the zonec and their permitted uses generally established throughout the crmmunity. 5. That four persons indicated their presence at the November 13, 19g5 public hearing in opposition, and 15 persons indicated their presence in oppo~ition at the September 30, 1985 public hearing; and that Fetitions containing approximately 77 signatures were received in opposition to subject pel•ition. 0647r PC85-240 ENVIRONMGNTAL IMPACT FINDING: mt~at the P.nahei.m City Planning Commissio~~ has ~eviewed the proposal to reclassiEy subject propecty from tlie CL (Commercial, Limited) Zone to the RM-1200 (Residential, Multiple-Family) Zone to cunstruct a 3G-unit apartment complex with waiver of maximum structural height or. a rectangularly-shaped parcel of land consi~;ting of approximately 0.99 acre, havin, a frontage of approximately 150 feet on the north side oE Broadway, being located approximately 505 feet east of the centerline of Magnolia Avenue, and further described as 2545 West Broadway; aad does hereby approve the Negative Declaration upon finding that it has considered L•he Negative Declaration together with eny comments received during the public review process and further Einding on the basis of the initial study and any comme~ts ceceived that there is no substantial evidence that the project will have a siynificant effect on the environment. NOW; THEREFORE, BE IT RESOLVEU that the Anaheim City Planning Commission does hereby grant subject Petitir,n for geclassification and, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be amended to exclude the above-described property from CL (COmmercial, Limiked) Zone and to incorporate said described property in the RM-12Q0 (Reside~tial, Multiple-Farnily) Zone upon the :ollowing conditions which are hezeby fuund to be a necessary pcerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citzzens of the City of Anaheim: 1. That the owner of subject p:operty shall pay to the City of Anaheim a fee for [cee planting purposes along Broadway in an amount as detecmined by the City Council. 2. Thac :he owner of subject property sha21 pay to the City ot Anaheim a fee for street lighting along t,:oadway in an amount as determined by the City Counci~. 3. That prior to the intr.oduction uf an ordinance rezoning subject Froperty, Condition ilos. 1 a~d 2, ah~v~-m~,•n!~ored, :;;;~ ~~~~~Y1Cteu. ~rne provisions er Gi hts " ~ lj ut becume rull and void by action f the9PlanningYCommissionlunlessssaid conditions are complied tiaith within one year from the date of this resolution, or such further time as the Planning Commission may grant. BE IT FIiRTHER RESOLVEA that the Anaheim City Planning Commission doe~ hereby find and determine that adoption of this Re~olution is expressly predicated upcn applicant's compliance with each and all of the conditions her.einabove set forth. Should any such condition, or any part thereof, be declared invalid or ,.nenforceable by the final judgment of ar.y court of co:npetent 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 13th day of Nc~vember, 1985. l -. /~~_c~E t .~r'-~.~c . ,~~ ~< < ~ ~ `^ _ . ' ~/ '~.:_-C~C-.t ~' CFIAIRWOMAN, ANAHEIM CITY PLItNNING COMMISSION ATTEST: - .. ~D/~~ ~~ ' . ---t__~ ~ ~ L L ~ SLCRETA'RY~ ANAHEIM ClTY PLANNING CUMMISSION -2- PC85-240 ~ STATE OF CALIFORNIA ) COUNTY DF ORANGE ) ss. CITY OF ANAHEIM ) i, Edith L. Harcis, Secretary of the Anaheim City Planning Commission, do hereby certify ~hat the foregoing resolution was passed and adopted at a meetin, of tF~e Anaheim City Planning Commission held on November 13, 1985, by the follo4riny vote of the me~bers thereof: AYES: COPIMISSIO!iERS: BOUAS, FRY, HERBST~ LA CLAIRE~ LAWICKI, MC BURLIEY MESSE NOES: COMMISSIONERS: NONE ABS°NT: COt4~9ISSI0NERS: NONE IN WITNESS WhEREOF, I Have heceunto set my hand this i3th day of Novembec, 1~85. ~ . ~if/_`~-E~„Z,~L ~ ~/~~~/~C.~ SECRETARY~ ANAHEIFI CITY PLANNING COMMISSION _3- PC85-240 e ; ~