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PC 85-65RESOLUTION N0. PC85-65 A RESOLUTION OF THE ANAHEIM CITY PLANNING CUNMISSION TH~T PETITION FOR RECLASSI~ICATION N0. 85-84-27 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from SOUTHERN PACIFIC INDUSTRIAL DEVELOPMENT COMPANY, 5200 East Sheila Street, ~316, Los Angeles, California 90040, owner, and CENTURY AMERICAN CORPOPATION, 1428 East Chapman Avenue, Orange, Californiz 92666, agent for certain real property situated in the City of Anahein, County of Orange, State of California, described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUAFTER OF SECTION 23, TOWNSHIP 4 SOUTH, P.nNGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COLt7TY~ CALIFORNIA~ DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN OPI A MAY FILED IN BOOK 46, PAGE 2 OF PARCEL MAPS IN THE C'rFICE OF THE COUNTY RECORDEI2 OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Plar:ning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 4, 1985 at 1:30 p.m., notice of said public hearing having b~en duly given as required by law and in ac^ordance with the provisions of the Anaheim Municipal Code. Chapter 18.03, te heat and consider evidence for and against said proposed reclassification ar.d tc investigate and make fi.ndings and recommendations in connection the:ewith; and WHERERS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due co~sideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitio~er proposes reclassification of subiect prooerry from the ML (Industrial, Limited) Zone to the CO (Commercial, Office and Professional) Zone. 2. That the Anaheim General Plan designates subject property for general industrial land uses. 3. That the proposed reclassification of subject propecty is necessary and/or desirable fo: the orderly and proper development of ~he commu~ity. 4. That the proposed reclassification of subject property does properly relate t~ the zones and their permitted uses locally esLablished iu c~ose proximity to subject property and to the zones and their permitted uses 9enerally established throughout the community. 5. That the proposed reclassi[ication of subject property requires the impzovement of abutting streets in accerdance with the Circulation Element of the General Plan, due ~o the anticipated :ncrease in traffic which will be 9enerated by the ir:tensification of land use, "t #0461r ~ PC85-65 6. That no one indicated their presence at said public hearing in opposition; and that no corcespondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: Tnat the Anaheim City Planning Commission has reviewed the propo~al to reclassify subject property from the ML (Industrial, Limited) Zone to Ehe CO (COmmercial Office and Professional) or a less intense zone to construct a 3-story commercial office building on an irregularly-shaped parcel of land consisting of approximately 1.E acres located at the northwest cocner of Kat~lla Avenue and Lewic Stc-eet; and does hereby app~ove the Negative Declaration upon Einding that it lt~,s coneidered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial sti~dy and any comments received that tnere is no substantial evidence that the F~coject 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-'LOnin9 of the Anahezm Municipal Code be amended to exclude the above-described property from the ML (Industrial, Limited) Zone and to incorpotate said described property into the CO (Commercial, Office and Professional) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject propPrty in order to preserve tr.e safety and general welf.are of the Citizens of the City of Anaheim: 1. That prior to issuance of a building oermit, the appropriate traffic siynal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 2. That a.ll driveways shall be reconstructed to accc:r~modate ten (10) foot radius curb returns as required by Lhe City Traffic Engineer. 3. That drainage of subject property shall ue disposed oE in a manner satisfactory to the City Engineer. 4. That subject property shall be secved by underground utilities. 5. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Depactment. 6. That trash storage areas shall be provided and maintained in accordance with app[uved plans on file with the Street Maintenance and Sanitation Division. 7. T:~at pcior to the intro~uction of an ordinar.ce rezoning subject pcoperty, security in tha form of a bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posteZ with the City to guarantee the constr~ction of a landscaped median island on Katella Avenue between .,ewis Street and the Sc;:thern Pacific Railroad right-of-way to the satisfaction of the City Traffic Engineer. Said median island shall be constructed prior to occupancy of the office building. -2- PC85-65 8. That fire sprinklers shall be installed as required by the City Fire Marshal.l. 9. That all air conditioning facilities and other coof and ground mounted equipment shall be properly shielded from view. 10. That the proposal shall comply with all signing requirements of the CO Zone, unlecs a variance allowing sign waivers is approved by the Planning Commission or City Council. 11. That prior to the introduction of an ordinance rezoning subject property, security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to rhe City of Anaheim shall be posted with the City to guarantee the construction of a six (6) foot high masonry block wall adjacent to the Southern Pacific Railroad right-of-way to the west of subject property. Said wall shall be constcucted prior to occupancy ~f the office building. 12. That prior to the commencement of the activity authorized under this resolution, or pcior to the time that a building permit is issued, or within a period of ninety (90) days fcom the date of this resolution, whicheve: occurs first, the owner(s) of subject property ~hall execute and record a covenant in a form approved by the City Atcorney's Office wherein such owner(s) agree not to contest the focmation of any assessment district(s) which may her?after be formed pursuant to the provisions oE Deve.lopment Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner'~ property. Failure to comply with this condition within the specified time shall render this reclassification n~ll and void. 13. That the owner of subject property shall submit a letter requesting termination of Conditional Use 9ermit No. 1335 to the Planning Department. 14. That prior to the introduction of an ordinance rezoning subject pcoperty, Condition Nos. 7, 11 and 13, above-mentioned, shall be compleced. The provisions or cights granted by this resolution shall become null and vuid by action of ~he Planning Commission unless said conditions are complied with within one year from the date of this resolutiun, or such further time as the Planning Commission r.~ay grant. 15. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall Le complied with. Extensions for further time to complete said conaitions may be grante~ in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 6, 8 and 9, above-mentioned, shall be complied with. -3- PC85-65 ~ . .,. BE IT FURTRER ~ESOLVED that the Anaheim Cit}~ Planning Commission does hereby 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 condition, or any part thereof, be 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 FOREGOZNG RESOLUTIOh is signed and approved by me this 4th day of March, 1985. i , ,:- _ . - ;' ~,6~~ CC~,-c. _=~ a. :_`~_~~~cc.e,= CHAIRWOMAN~ PRO TEMPORE ANAY..IM CITY PLANNZNG COMMISSION ATTEST: (~ -Q.c .c~ ~ ~'~c~,~, SECRE'PARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALZFORN?A ) COUNTY OF ORANGE ) ss. CZTY OF ANAHEIM ) j, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Ar.aheim City Planning Commission held on Mecch 4, 1485, by the £ollowing ~ote of the members thereof: AY6;S: COt4MISSIONERS: BOUAS, bUSHORE, FRY, KING~ LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMZSSIODIERS: HEP9ST IN WITNESS W6EREOF, I have }iereunto set my hand this 4th day of March, 1985. ~~.~..~-~ ,~ ~~A~ - Sc(.xaYqkk, ANAHEIM CITY PLANNING COMMISSION -4 PCBS-65