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PC 79-29RESOLUTION N0. PC79~29 A RESOLUTION OF THE ANAHEIM CITY PLANNING CO`1MISSION THAT PETITION FOR RECLASSIFICATION N0. 78-7~-28 BE GRANTED. NHEREAS~ [he Mahefm Ctty Planntng Commission did reccive a verTfied petTtton for Reclassification from PAUL KOUR1, 3E21 Century, Suite 8, Lynwood, California 9~262 and ROBERT 0. GUYOT, 1251 North Glibert Street, Fullerto~. Californta g2633, owners of certaln real property situated in the Ctty of Anaheim, Couniy of Orange, State of California~ described as follavs: That portlon of the Westerly 77.2 acres of Lot i in Block "K" of the Kraemer Tract. as sha+n on a Map recorded in book 12. pages 87 and 88 of Mtscellaneous Records, of the County of Los An9eles, lying Southerly of the ccnterline of the land dcscrtbed in [he Deed to the State of Califor~la recorded March 11, 1937 Tn book 872, page 3~0 of Official Records. Except that portlon lyTng Southerly of the Northerly ll~c of the land descrTbed in the deed [o the Santa Fe Land ~mprovement Company. recorded March ~. 1Q10 in baok 177 page 263 af Deeds. af saiC County. WMEREAS. the Clty Planning Commission did hold a public hearing at the LTty Hall in the City of Anahelm on February 12. 1°79. at 1:30 p.n.~ notice of sald public hearing havinq been duly given as requfred by law and (n accordance w(th tfie provislons of the Anaheim M~nicipal Code, Chapter 18.03. to hear and consider evtdence for and agalnst said proposed reclassificatlon and to InvestTgate and make findings and recommenCattons in con~ectlo~ therewi:h; ~nd MHEREAS, sald Commisston. aftcr due inspection~ Investigation and study made Ly Itsci` ar.C ir, i;s ~e1alf, sr,d a`Ler due tcr.stCcrattan a,` at! erlQcr.ce :r.C rcparts offered at sald hearTng, does flnd and determine the foilowin9 facts: t. That the petitioner proposes reclassificatton of subJect property from the Ml (Industrial~ ~imited) Zone [o the CL (Cam~erclal~ LimTted) Zone. 2. That the AnaheTm Generat Plan designates subJect prcperty for vrater uses and/or lav-medlum density residential uses. 3. That the proposed reclasslftcatton Is hereby granted because nearby propertles located alon9 Orangethorp~ Avenue have been zoned commercially snd are developed with cortmercial uses. 4. That the proposed reciassifTcation is hereby grs~ted subject to the conditlon that the property shall be developed substantlally in sccordance with the plans as presented to the PlannTng Cammtssion. 5. That the proposed reclassificatlon of subJect D~ope~ty is necessary and/or destrable for the orderly and propc~ developnent of the ca~mw~tty. Pt7a-2Q 6. That the proposed reclasslfTcatton of subJect property does properly relate to the zones and their permitted uses locally established in close proxlmlty to subject proper[y and to the zoncs and thelr permitted uses generally established througtiou[ the community. 7, That the proposed reclasstfication of subJect property requires the improvement of abutttng streets in accordance with the Circulation Elemen[ of the General Plan. due to the anttcipated increase In traffic ++f~ich wlll be generated by the intensificatlon of land use. 8. That no one indlcated their presence at sald publlc heartng In opposition; and tha[ no correspondence Nas received in opposltton to the subJect petitlon. ENViRONMENTAL IMPACT FINDING: That the Anaheim City PlannTng Com~ission has reviewed the proposat to reclessi y subject propefty from the ML (Industrtal, Limited) Zone te the Cl (Commerclal. LimTted) Zone on an irregularly-shaped parcel of land consistin9 ~f ap0~oximately 2.9 acres, having a frontage of approxtmately °19 f~et on the south sTde of Orangethorpe Avenue, havir~g a maxlm~n depth of approxTmately 121 feet. being located approxTmately 945 feet east of the centerlir.e of Miller Street: and does hereby approve the Negative Oectaratlon from the Pt~uirt+nent ta p~epsre sn envEro~nenta! Im~act reP4rt on !he basis that there -iould be ~o signlftcant Tndlvidual or cumulatTve adverse envtronmental Impact due to the approval of this Negat(ve Declaratton since the Anaheim General Plan designates the subject p~operty for rwter/lwrrxdlum denslty residentlal lanJ uses commensurate with Che proposal: ihat no sensitive envirorur.ental Impacts are i~volved i~ the proposal; that the Initlal Study submitteE by the petltioner indicates no significant tndivtdual or cumulatTve adverse envlronmental lmpacis; and that the Negat(ve Declaratlon substantiatl~g the foregoing findings 1s on file irt the C(ty of Ansheim Planntng Department. t20td. TttERfF~Pf. 8~ 17 9ES~lYF~ ihac che Anaheim Ctty PlAnnlnq Conrnisslon does hereby grant subject Petition for Reclassificatton and. by so doTng. that Title 18-Zoning of the Anaheln Munictpai Code be an+ended to exclude the above-described property from the ML (INDUSTRIAL. IIMITED) ZONE and to Incorporate sald described property Into the CL (COMMERCIAL. L-H~TED) 20NE upon the follo~+Trto condttlons Nhtch are hereby found to be a necessary prerequlsite to the proposed use of subJect property In order to preserve the safety ar+d general aelfare of the Cltizens of [he City of Mahein.: 1. That ail engTneerin~ requiruecn[s of the Clty of Anahelm along Orangethorpe Avenue Including preparatlon of tmprovement pians and installatlo~ of sli iniprovements such as curbs end gutters. sidev+alks. street grading and paving. dralnage factlittes or other appurtenant r+ork. shali be canplled with ss requlred by the Ctty Enpineer ~nd In accordance wTtA standard pians and specificatlons on file In the Office of the Lity Englneer; that street Iighting tacillti~s along Orangethorpe Avenue shall be Tnstalled prior to final bulldi~g and zoning inspectlons unless othe r~ise epproved by the Olrecto~ of Publlc Utilities. and 1~ sccerdance with staodsrd specificatlons o~ flie In the Office of the Olrector of Public Utilltles; and/or thet a bond. certiticate of deposit. letter of credit. or casl+. In an amount -2- PC7q~2a and form satfsfactory to the Ctty of Anaheim shall be posted wtth the City to guarantee that the above improvements WI11 be installed prior to occupancy. 2. That thc owner(s) of subJect property shall pay to thc Lity of Anaheim the sum ~f ninety-ftve (95L) cents per front fooi along Orangethorpe Avenue for tree planting purposes. 3, That trash storage areas shall be provided (n accordance Hith approved plans on file with the Office of the Direc'or of Public Works. 4. That fire hydrants shall be Tnstailed and charged as required and determined to be necessary by the Ghtef of tre Flre Department prior to commencement of structural framing. 5. That subject property shall be scrved by underground utllTties. 6. That drainage of subJect property shalt bc dlsposed of tn a manner satisfactory to the Lity Engineer. 7. That [he owner(s) of subJect property shall pay the trafftc signal asessment fee (Ordinance No. 3A96) amounting to 518C.00 per 1000 square feet of commercial building or fraction thereof prior [o the issuance of a building permlt. 8. That subJect properiy shatl be developed substentlatly in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 9. Prior to the Introduction of an ordinance rezoning subJect property. Conditlon Nos. 1 and 2. above-mentToned, shall be completed. The provlslons or rights granted by this resolutlon shall become null and void by action of the Planning Commissio~ unless sald conditlons are complled with atthin one year from the date hereof~ or such further ttme as the Planning Commission may grant. 1Q. ThaL Lortdltlort Nos. ;, S. 6 L~ above-manLlon~d~ shall be co~!plfcd with prior to final building and zoning Inspections. BE IT FURTHER RESOLVED that the Anaheim Ci[y Planning Carmilssion does hereby flnd and determine tha[ adoption of this Resolution ts expressly predtcated upon applican['s compliance with each and , of the condTtions hereTnabove set for[h. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent ]urlsdiction. then thTs Resolution. and any approvals heretn contained~ shall be deemed nutl and votd. THE FOREGOING RESOLUTION is sTgned and approved b me thls 12th day of February, t979. . A, 1 ITY NNING COMMISSION ATTEST: ~ ~ e -3- P[79-29 STATE OF CALIFORNtA ) COUNTY OF ORANCE ) ss. CITY OF ANAHEIM j i. Edith L. Harrls. Secretary of the Anaheim City Pianning Commission. do hereby certify that the foregoing resolutlon was passed and adopted at a me-ting of the Mahelm Clty Planning CommTssion held on February 12~ 1979. at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, HERBST. JOHNSON~ KING, TOLAR NOES: COMMISSIONEaS: NONE ABSENT: COMMISSIONERS: NONE IN WITNE55 MHEREOF~ I have hereunto set my hand this 12th day of February, 1979. ~~ ~ ~~ SECRETARY, ANAHEIM CI LANNING CONHISSION -4- Pt79-29