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PC 79-57RESOLUTION N0. PC79-57 A RESOLUT I ON OF THE ANAHE I N C I TY PLAf~N I t~G COt1M I SS I Ot~ TNAT PET1T10~1 FOR RECLASSIfICATION N0. 78-79-36 BE GRANTED. WHEREAS, the Anaheim Ctty Planning Commisston dtd receive a verified petltion for Reclasslfica[lon from KE~~NETH KALLMAtl, 1741 West Lincoln Avenue, Sutte A, Anaheim, California 92801, owner of certain real property situated in the Ctty of Anahetm, County of Orange, State of California, described as follows: PARCEL 1: The 41est 50.00 feet of that portion of Lot 1 of Helen and Lynch's Subdivision of the West half of Sectton 16, Township ~~ South~ Range 10 Nest, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim~ County of Orange, State of California, as per map recorded in book 442. page 158, of Deeds, records of Los Angeles County, California, described as follows: Beginning at the Northwest corner of said Lot 1, thence South 19~.32 feet to the Northwesterly prolongation of the most Northeasterly line of the land of [he Southern Pacific Railroad Lonpany as satd land Itnes in the said Lot 1; tlience South 56° 30' 00" East 225.72 feet along said prolangation of and along the Northeasterly ilne of said railroad land; chence North 324.06 feet Lo the North line of said Lot 1; thencc West 188.10 feet to the point of beginning. EXCEPT the North 30.03 fcet thereof, PA~2C'cL 2: Tha[ portion of Helen and Lynch's Subrilvislon of the Wes[ half af Section 16, Township 4 South, Range 10 uest, in [he Rancho San Juan Cajon de Santa Ana, i~ the City of qnahcim, County of Orange, State of Californla, as per map recorded in boo~ 442, page 158 of Deeds, records of Los Angeles County, California, described as foilows: Beglnning at a polnt on the Westerly line of said Lot 1, South 199.11 feet from the Northwest corner of said io[, being the Southviesterly corner of the land conveyed to Russell Evans by deed recorded in book 475. page 157 of Deeds, records of sald Orange County. and on the Nor[hwesterly prolongation of [he most Northeasterly Iine of the Southern Pacific Ratlroad Company land; thence Southeasterly 33.10 feet along said prolongation of said Northeasierly line; thence at right angles Southrresterly 50.00 foot to a polnt on the Westerly line of said lot, sald point being Northeasterly 50.00 feet measured at r~ght angles fron the center line of the main tract of said Southern Paclfic Railroad Company's Santa Ana Branch; thence North 59.96 feet to the potnt of beginntng. PARCEL 3: That portion of Lot 2 of Helen and Lynch's Subdivision of tha West haif of Section 16. Township 4 South, Range 10 West. in [he Rancho San Juan CaJon de Santa Ana~ in the C([y of Anahelm, County of Orangc, State of Caltfornia, as per map recorded in book 442, page 156 of Deeds. records of Los Angeles County. Californla, described as follows: Beginning at the Northeast corner of sald Lot 2; thence South 0~ 22' GO" West 266.3? feet along the East ilne of said lot to the Northeasterly iine of the land of the PC7~-57 S~uthern Pacific Company land; thence North 5~° 38' 00" West 482.20 feet along said Northeastr_rly line to the North line of said Lot 2; thence East 403.65 feet along said North llne to the point of beginning, EXCEPT THEREFROM that port(on described as fotlows: Commencing at the intersectlon of the Northeasterly line of the land of the Southern Pactflc Rallroad Lompa~y and the Northerly line of the Northwes[ quarter of Section 16, Tormship 4 South, Ran9e 10 West; thence South 57° 08' 30" East along Lhe said Northeasterly line 62.06 feet [o [he true point of begfnning; thence Souch 89° 52' 21" East along a line parallel to a~d 53.00 feet Soucherly, measured at rtght angles, of the center line of constructlon of Ltncoln Ave~ue, 60.00 feet; thence North 0° 40' 23" Nesi 5.12 feet to a Ifne parallel wir.h and 30.00 fcet Southerly, as measured ai right angles, of the North line of the NorthWest quarter of Sec[lon 16, Township 4 South. Range 10 West; thence North $no ~o~ 37" Easc along last rientioned parallel Ilne 15.00 feet; [hence at right angles South 0° 40' 23" East 5.33 fect; thence South 89° 52' 21" East along a line parallel to and 53.00 feet Southerly. measured at rlght angles of the center line of constructlon of Lincoln Avenue 114.91 feet; [hence South 0~ 16' 37" East. parailel to thc Eas[ line of Lot 2 of said Helen and Lynch's Subdivtston 122.E4 feet to a polnt on the said Northcasterly Ilne of the land of thc Southern Pacific Railrcad Company; thence North 57° 08' 30" Nest along satd Northcasterly llne 225.79 feet to the true poln[ of beginning. WfiEREAS. the City Pianning Cortmtssion did hold a pubilc hearing at [he City Hall in [he Lity of Anahe(m on March 2G. 1979, at 1:30 p.m., notlce of said oubilc hearing having been duly given as reaufred by law and in accordance with the provfstons of the Anahelm Municipal Code, Chapter i8.03, to hear and constder evidence for and ayainst said proposed reclassification and to investiga[e and make flndings and recomnendations In connect(on therewith; and NHEREAS, satd Commisston, after due inspection, Investigation and study made by itseif and in its behalf, and after due considera[ion of all evidence and reports offered at said hearing, does find and de[crm(ne the following facts: 1. That the petittoner proposes reclassiftcation of subJect property fran the HL (Industrial, Limlted) 2one to the CL (Commercial, Limited) Zone. 2. That the Anaheim General Plan designates subject property for general commercial uses. 3. Thac the proposed reclassification is hereby granted on the basls that the petltioner stipulated that the property shall be developed essentially Nith the uses shown on the submitted plans and thac more intense commercial uses (such as restaurants) shall not be allowed unless the plans are modifle~ to provide adequa[e parking, as required by Code. 4. That the praposed reclassification of subJect property Is necessary and/or desirable for the orderly and proper developme~t of Che community. -2" PC7A-57 5. That the proposed reclassiftcation of subJect property does properly relate to the zones and thelr permitted uses locally established in close proximlty to subject property and to the zones and thetr permitted uses generally establishcd throughout the community. 6. That the proposed reciassification of subJect property requires the improvement of abutting s:reets in accordance wtth the Circulation Element of the General Plan, due to the anticipated increase in traffic which will 6e oenerated by the intensification of land use, ;, That no one indicated thelr presence at said public hearing in oppositton; and tha[ no correspondence was received in opposition to the subJect petition. ENVIZOi~MENTAL IMPACT FINDING: That thc Anaheim City Planning Commission has reviewed the proposal to reclass y subJect property from the ML (Industrial, Limited) to the CL (Commercfai. Limited) Zone and that subject property is an irregularly-shaped parcel of land consisting of approximately 0.9 acres, havinq a frontage of approximately 212 fee[ on [he south sidc of Lincoln Avenue. having a maximum depth of approximately 228 feet, being located approximatcly 50~ feet east of the centerline of Loara Street; and does hereby approve the 4egative Deciaration from the requirement to prepare an environmentai impact repor[ on the basis that there Nould be no significant indlvidual or cumulacive adverse environnental inpact due to the approval of this tlegative Declaration since the ~nahetm Genera) Plan desiynates [he subJect proper[y for generalcommerctal iand uses caamensurate with the proposal; that no sensttive environmer.tal impacts are lnvolved in the proposal; that the Initial Study subml[ted by the petiiioner Indlcates ~o signlfican[ lndivldual or cumutative adverse envtronnental impacts; and that the Negatlve Declara[lon substantla[Ing the fore9oing findtngs is on flle tn the Ci[y of Anahclm Planning Department. NON, TFIEREF6RE. B~ IT RESOlVEO ihat thc Anaheim City Planning Commission Joes hereby granC sutjecL Petltlcr for Reclassification ar.C, by s^ d~l~g, thAt Titie 13-2oning of the Anaheim Municipal Code be amended to exclude the above-descrtbed property from the ML (INDUSTRIAL, LIMITED) ZONE and to Incorporate satd described property into the CL (COMMERCIAL, LIMITEO) ZONE upon the foliowing conditlons which are hereby found to be a necessary prerequisite to the proposed use of subJect propcrty i~ order to preserve thc safety and general rrelfarc of the Citizens of the CiCy of Anaheim: 1. That sidewaiks shall be installed along Lincoln Avenue as requfred by the City Engineer and in accordance wlth standard plans and speclficattons on file in the OffTce of [he City Engineer, 2. That the owner(s) of subJcct property shall pay to the City of Anaheim a fee, tn an acrount as determined by the Ctty Council, for tree planting purposes along Ltncoln Avenue. 3. That the owner(s) of subJect propePty shall pay to the City of AnaheTm a fee, in an amount as determtned by the City Counr_11, for street lightTng along Lincoln Avenue. -3- PC79-57 4, That the o~mer(s) of subJect property shall pay thc traffic stgnal assessment fee (Ordinance No. 3896) in en amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 5. That the proposeJ cortmercial bulldt~g shall canply with all slgning requirements of the CL (Commercial, Limited) zoning. 6. That trash storage areas shall he provTded I~ accordance ~ith approved pla~s on filc with the Office of the Director of Pubiic Hor~s. 7. Prlor [o the introduciion of an ordinance rezoning subiect property, Condition Nos. 2 and 3. above-mentioned, shall be cornpleted, The provisions or righes granted by thts resolution shall become null and void by action of the Planning Commiss(on unless said conditions are complied aith withln one year from [he da[e hereof~ or such further time as the Planning CommTssTon may grant. 8. That Condttion Nos. 1 and 6, above-mentioned, shail be complTed aith prior to final buildTng and zonin9 inspections. BE IT FURTIiER RESOLVED that the Anaheim Ctty Planning Corrriisslon does hereby find and determtne that adoption of this Resolutlon ts expressly predlcated upon app)icant`s compiiance with each anJ a11 af the conditions herelnabove set farih. Should any such condition, or any part thereof, be declared tnvalid or unenforceable hy the final Judgment of any court of co~pe[ent Jurisdlctt~n, then this Resolut(on, a~d any approvals herein con[ained. shall be deemed nuil and votd. TM: FORfGOING RESOLUT101{ Is signed and a proved by me this 2~th day of March, 1970. , , ANA C 1 LANN I NG CO'1M I SS I ON RTTEST: ~t ,~ .l.° !V-.c,~,t,L:. ~ECRETARY, ANAHEIM CITY PLANNiNG COMMISStON STATE OF CALIFORNIA ) COUHTY OF ORANGE ) ss. C~TY Of ANAHEIM ) I, Edith L. Har~is. Secretary of the Anaheim City Planning Cammtssion. do hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim City Planning Comm(sslon held on March 26. 197?. by the following vote of the munbers thereof: AYES: LOMH~SSIONERS: BARNES, BUSHORE~ DAV10~ HERBST. JO".'rlSON~ KING. TOLAR NOES: COMMISSIONERS: NONE ABSEN7: COMyISSI0NER5: NONE ~q79. IN WITNESS bM~REOF~ 1 havc hereunto set my hand thls 2fth day of March. ~ e~(,~ iS . ~~!?~(,r,s;, SECRETARY~ ANAHEIM CITY PLANRING COMMISSION -~+- Pt79-57