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PC 78-177RESOLUTION N0. PC78-177 A RESOLUTION OF THE ANANEIy CITY PLANNINr, COMHISSION ~ THAT PETITION FOR RECLASSIFICATtON N0, 78-79-7 BE GRANTED, NFIEREAS~ thc Anaheim City Planning Commisslon did reccive a verlfied petitlon for Reclassiffca[lon from CHARLES F. AND hLYLE S, SIGAIn, 39120 Ramona Boulevard, San Jac(nto, California 92333~ owners. and J, RICKHAN, 2047 RainboN DrTve, Santa Ana, Ca{tfornla 92705, agent. of certaln rca) property situated in the Ci[y of Anaheln, County of Orange, State of Californla, described as follows: The East 87 1/2 feet of thc North 277 feet of "Anaheim Extension" fn the City of Anahelm~ as shorm on a map of s~~rvey made by Nilliam Hamel on file In the office of the County Recorder of Los Angeles County. California. b/HEREAS, the City Plannin9 Commisslon did hold a public hearing at [he Lity Hall in the City of Anaheim on Juiy 31, 1478, at 1:30 p,m,~ notice of saTd publTc hearing havtng been duly glven as required by law and in accordance with the provisions of the Anaheim Municipat Code, Chapter 18,03. to hear and consider evidence for and agatnst satd proposed reclassificatlon and to investtgate and make findings and recommenda[ions in connection [herewlth; and 11HEREAS, said Lommtssion, aP[er due Inspection, investigation and scudy made by itself and In 1[s hehalf, and after due consideration of all evidence and reports offered at said hearing. does find and deternlne the following facts: 1. That the petitioner proposes reclassification of subject property fran the CL (Commercial. Limited) an~ RN-2t~00 (Residential, Multiple-Family) 2ones to the CL (Commercial, Limited) Zone. 2. Tha[ thc Ana`c!m ~eneral Plan dcsignates subject property for general commercial land uses. 3, That the proposed reclassification of subJect property (s necessary and/or deslrable for the orderfy and proper deveiopment of the community. 4. That Che proposed reclassiflcatlon of subJect property dces properly relate to the zones and thefr permitted uses locally established in close proximity to subJect property and [o the zones and thelr permitted uses generally establish~d throughout the comnunity. 5. That the proposed reclassiftcacTon of subJect property requires the dedication and improvement of abuiting streecs in accordance with the Circulatfon Element of the General Plan, due to the anttcipated increase In trafflc which will be generated by the intensificatlon of land use. 6, That no one Tndicated their presence at sald publtc hearing in oppositlon; and that no correspondence was recelved in oppositlon to the subJect petit(on. EfIVIRONMENTAL IHPACT FINOING: That the Mahelm Clty Planning Commission has reviewed t e proposa to rec ass y the property from thn CL (COHMERCIAL, LIMITED) and RH-2400 (RESIOENTIAL. MULTIPLE-FAHILY) 20NES to the CL (COMMERCIAL, LIMITED) ZONE to construct two commercial bulldings with walvers of minimum setback abutting a PC7~-177 l residentlal zone and requtred site screcning on a rectangularty-shaped parce) of land consisting of approximately 0.4 acre having a frontagc of approxi~oximate88 217efeet~, the south side of Llncoln Avenue, having a maximum depth of app being locaeed approxlmately 995 east of the ce~[erline of East Street; and does hereby approve the Negative Declaration from the requlr~+ent to prepare an environmental Impact report on the basis that there would be no significant indivTdual or cunulative adverse environmental impac[ due to the approvat of this Negative Declaratlon since the Anahelm General Plan desig~ates the subJect prope~ty for general commercial land uses commensurate ~+lth the proposal; that no sensitive envtronmentai inpacts are involved in the proposal; that the Initial Study submitted by the petitlone~ Indlcates no slgnificant individual or cumulatlve adverse environmental tmpacts; and that [he Negotlve Ceclaratlon substantiating the fore9oing flndings is on ftle In the City of Anahelm Planntng Department. NOW, THEREFORE. BE IT RESOLVED that the Anahetm City Planning Commisslon does herrby grant subJect Petitlon for Reclassificatlon and, by so doing, that Title 18-Zoning of the Anaheim Munictpal Code be amended to exclude the above-described property fran the CL (CONMERCIAL, LIMI7ED) and RM-2400 (RESIDENTIAL, MULTIPLE-FANILY) ZONES and to incorporate said described property lnto the CL (COHMERCIAL~ IiMITED) ZONE upon the following conditions wfiich are hereby found to be a necessary prerequislte to the proposed use of subJect property In order to preserve the safety and general welfare of the Citizens of the City of Anahcim: 1. That the owner(s) of subJect property shall deed to the Lity of A~ahelm a strip of land 53 feet in ~idch from the centeriine of the street along Lincoln Av~nue for strcet widentng purposes. 2, That sidewaiks shall bc Instalted along Lincoln Avenue as required by the City Enoineer and In accordance wlth standard plans and specificatlons on file in the office of the City Engineer. 3, That the owncr(s) of subJect property shall pay to the City of Anaheim [he sum of three and one-half dollars (53.50) per front foot alon9 Lincoln Avenue for street Iighting purposes. A, That the owner(s) of subJect property shall pay to the City of Anaheim the sum of nlnety-five ~95) cents per front foot along Lincotn Fvenue for tree planting purposes. 5, That trash storage area< shall be provtded in accordance with approved plans on file with the Office of tiie Director of Pu61ic Norks. b, That subJect propcrty shall be served by underground utilitles. 7, That the owner(s) of subject property shall pay the traffic signal assessment fee for commercial b~ildings (Council Policy No. 214). prior to the issuance of a building permit. 8, That dralnage of sub,ject property shall be disposed of in a manner satisfectory to.the City Enaineer. 9, Prtor to c~,c lntroduction of an ordinance rezontng subJect property, rights,~9ranted~~by athls~ resolutlon,~shallshbecome ~nulletand voidebyPaction of the -2- aC78-177 i r ~ t , datenhe9cof,~or'SSUChufu~the~atlme~asTthcnPlanning C,ommlsslon mayh9rante year from the 10. That Conditlon Nos. 2, 5, 6 and 8, above mentloned~ shall be complled aith prior to flnal bullding and zoning inspcctTons. BE IT FURTHER RESOLVED that the Anahelm City Plan~ing Commlsslon does hereby f1~d and determine that adoptton of this Resolutlon ls expressly predicated upon appiicant's compllance wlth each and all of the conditions hereinabove set forth. Should a~y such conditlon, or any part thereof. be declared invalid or unenforceable by the final Judgment of any court af canpetent Jurisdlction, then this Resolutlo~, and any approvals hereln contafned, shall be deened null and void. THE FOREGOING RESOLUTION is signed and approved by me this 31st day of July ~97a~ ~ / q 1, A AH M ITY PLANNING COMMISSION ATTE57: ~,~ .~ ~ - SECRETARY, ANAHEIM CITY LANNING COMMISSION STATE OF CALIfORNiA COUNTY OF ORANGE ) ss. CITY OF ANAHEIH ) I~ Edith L. Harris, Secretary of the Anaheim City Ptanning Commission. do hereby certify that the foregotng resolutlon was passed and adopted at a meeting of the Anaheim City PlannTng CommissTon held on July 31. 1978, at 1:30 p.m., by the followin9 vote of the members thereof: AYES: COMHISSIONERS: BARNF.S. DAYID, HERBST. JOHIaSGN~ KING. TOLAR NOES: COMHiS510NE~25: 2:QfJE ABSENT: COMMISSIONERS: LINN IN WlTNESS 1diiEREOF. I have hereunto set my hand thls 31s[ day of Juty, 1978• `~,~,~ .~° ~.,a SECRETARY, At1AHE1H CITY PLANtIING COMMISSION -3- PC78-177