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PC 85-99RESOLUTION tJO. PC85-99 A RESOLU4'ION OF THE ANAHEIM CITY PLANNING COMMISSION TtiAT PETITION FOR P.ECLASSIFICATION NO. 84-65-30 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petit.ion for Reclassification fcom ANITA MARGARETE PEAIRS AND CHARLES E. PEAIRS, 1201 Gl.enview, Fullerton, California 92635, owners, and RONALD A. t9UCCINO, P. O. Box 4056, A.naheim, California 92803, ayent for certain real progcccr situated in the City of Anaheim, County of Orange, State of Califocnia, desc[ibed as follows: LOT 32 OF THE ANAHEIM HOME TRACT, COUNTY OF ORANGE~ SiATE OF CALIFORNIA~ AS PER MAP RECORDED ZN BOOY. 6~ PAGE 34 OF b'ISCELLANEOUS MAPS~ IN THF. OFFICE OF THE COUNIY RECORDER OF SAID COUNTY. WHEREAS, the City Ylanning Commission did hold a public hearing at the Civic Cen±er in the City of Anaheim on April 15, 1985 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accocdance with the provisions of the Anaheim t4unicipal Code. Chapter 18.03, to hear and consider evidence for and against said propo~ed reclassification and to investigate and make findings and recommendations in connection therewith; and WF1eRCAS, said Commis~ion, after due inspection, investigation and study made by itself and in its behalf, and after due consideraeion of all evidence and reports offered at said heariny, does find and determine the following facts: l. That the petitioner propose~ reclassification of subject properl-y from the RM-1?.00 (Residential, Piultiple-Family) to the CL (COmmercial, Limited) or a less intense zone. 2. That the Anaheim General Plan desi9nates subject property for a commut~ity park site and other nearby properties for general commercial land uses. 3, That the pcoposed reclassification of subject: property is necessacy and/or desirable for the ordecly and proper development oE the community. 4. That the p!oposed reclassi£ication of subject property does properly relate to the zones and their permitted uses locally established in close p:oximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassit!cation of subject property requires the impcovement of abutting streets in accocdance with the Circulation Element of the General Plan, due to the anticipated inccease in traffic which will be genetated by the intensificatio~ of land use. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to sabject petition. ~0498r PC85-99 Et~VIRONMENTAL It9PACT FINDIhG: That the Anaheiu~ City Planning Commission has reviewed the proposal to zeclassify subject propr-ty fro~ the Rtr1-1200 (Residential, MuLtiple-Family) to the CL (Commeccial, Lim:~ed) or a lees intense zone to permit a used automobile sales agency and loL on an irreyularly-shaped parcel. of land consisting of approximately 7,405 s.;uare feet of land located at the northwest corner of Swan Street and Anaheim Boulevard, and further described as 1107 North Swan Street; and does hereby aPPro~e !ne Negativc Declaration upon finding that it has considered the Negative Declaration r_oaether with any comments received during the public review process and further finding on the basis of the initial study and any comments receivEd that there is no substanlial evidence that the project will have a significant efEect on the environment. NOW, rHEREFOHE, BE IT RL•'SOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Titie 18-ZOning cf the ~naheim ttunicipal Code be amended to excli:de the abave-desccibed pcoper.ty From the Rt9-1200 (Residential, Multip2e-Family) to the incocporate said described property into the CL (Commercial, Limiked) Zone upon the following conditions which are hereby found to be a ne~essary prerequisit~ 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. ihat all engineering requirements of the City of Anaheim along Homer Street, Anaheim Boulevard, and Swan st.-eet, including Preparntion oI improvement p2ans and installation of all ~mP~ovements such as curbs and gutters, sidewalks, watec facilities, street gradiny and pavement, sewer and drainage Eacilities, or other ~ppurtenant work shall be complied with as cequired by the City Engineer an4 :n accordance with specifications on file in the Office ot the City Engineer; and that security in the fotm o€ a bond, certificate oF deposit, letter of credit, or cash, in an amount and focro satisfactory to the City of Anatieim, shall be posted with the City to guarantee the satisfactory completion of said improvements. said security shall be posted with the City prior to introducrj~n of an or~?ir.~r,~~ rc~oring ~„~je,;~ property to guaLantee the install~tion of the above-required inprovements prior to commencement of the activity authorized by this resolution. 2. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a 15 foot radius at the intersection of Swan Street and Anaheim Boulevard and a strip of land 32 feet in width from the centerline of the street along Homer Street for street widening purposes. 3. That the vehicular access rights ~o Anaheim Boulevard except at ePProved access points, shell be dedicated to the City of Anaheim. 4. That prior to the introducti~n of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions ace complied with within one year from the date of this resolution, ur such further time as the Planniny Commission may grant. -Z- PCBS-99 BE IT PURTHER RESOLVED that the Anaheim City 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, oc 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 nul.l and void. THE FOREGOING RESOLUTICN is signed and a oE April, 1985. PProved by me this 15th day -- ' ~ ~ ~ G-~ --~,~ i . / r~ //' -"C!:AIRMAN~ ANA EIM ~~CITY PLANNING COMMISSION ATTEST: ~ /~~~ SECRETARY~ ANAHEIt4 (,ITY PLANNING COMMISSION STATE OF CALIPOI2NIA ) COUNTY OF ORANGE ) gg, CITY OF ANA9EIA1 ) I~ Edith L. Harris, Secretary of the AnahEim City Planning Commission, do hereby certiLy that the foregoing resolution was passed Znd adopted at a meeting of the Anaheim City planning Commission held on April 15, 1985, by the following vote of the members thereof: •~YF~: COi•IMISSIONfiRS: BOUAS B NOES: COMbIISSZONERS: FRY ~ USHORE~ HERBST, KING, LA CLAIRE~ P1C BURNEY ABSENT: COt~Ib1IS5I0NERS: NONE I~ WTiNESS WhEREOF, I have hereunto set my hand this 15th day of April, 1985. ~lQP~' h ~~~~J S~ °~~" Zt~ n[vAnnIp1 (,.ITY PLANNING COMh1ISSI0N -3- PC85-99 M, _. ......__ f;. , -. ,. _ ,~:': _ _ _.... . _ . ._. _ ,.. .,.,._ _.... 2 .