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PC 80-34RESOLUTIOtd N0. PCBn-34 A RES~LUT t Otl OF THE A~JAHE I M C I TY PLAtI~! I F; ; C0~1t1 I SS I ~!! THAT PETITIO"I FOR R[CLASSIFICATIOM N0. 7'3-30-28 BE GRAI9TED. WHERF.RS, the Anaheim City Planning Comrtiission did receive a verified petitior. for Reclasstfication from WILLIAM P. aREGDER ,41JD Et1HA S. BREf,DER, 1835 West Katella Avenue, Anaheim, California 92II04, oUrners oF certain real property situated in the City of Anaheim, County of Orange, State of California, descriF,ed as follows: PARCEL 1: The West 100 feet of the East 31~8 feet of the Plhrth 260 feet of the Northeast quarter of the Northeast quarter of the Plortheast quarter of Section 13, Township G South, Range 11 blest, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as per map recorded in book 51, page 11, Misccllaneous Maps, in the office of the counY.y recorder of said County. WHEREAS, the City Planning Commission did hold a puhlic hearing at the City Hall in the City of Anaheiri on January 28~ 19i'0, at 1:30 p.m,, notice of said public hearing having been duiy given as required by law and in accordance tiaith the provisions of the Anaheim Plunicipal Code, Chapter ~8.n3, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due ir.spection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subJect property from the RS-A-43,000 (Residential/llgricultural) Zone to CL (Commercial. Limiteci) Zone. 2. That the Anaheim General Plan desi9nates subject and nearby properties for medium density residential and general commercial land uses. 3• That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. ~F, That the proposed reclassification of subject property doe~ property relat •~c, the zones and their permitted uses locally established in close pror.imity to su~~ect property and to the zones and their permitted uses generally estabitshed throughout the community. 5. That tha proposed reclassification of subject property requires the improvement of a!.~utting streets in accordance ~,rith the Circulation Element of the General Plan, due to the antic:ipated increase in traffic ~ahich ~•rill be generated by the intensification of land use. PC8o-34 G. That no one indicated their presence at said public hearing in opposition; and that no correspondence ~:~as received in oppositton to the subject petition. EPJVIROPJMFNTAL IMPACT FIPiDIF~G: That the Anaheim Ciry Planning Commission has reviewed :he proposal to reclassify subject property from the RS-A-1i3,OQ~ (Residential/Agricultural) 7.one to CL (Commercial, Limited) Zone in order to construct a commercial retail and office comptex i,ith waivers of maximum structural heighC, minimum number of parl;ing spaces, and required site screening on a rectangularly-shaped parcel of land consisting of approximately 0.45 acr•e, having a frontage of approximately 100 feet on tlie south side of Ltncoln Avenue, having a maximum depth of approximately 200 feet and being located approximatel~~ 25~ feet west of the centerline of Hagnolia Avenue; and do~~ hereby approve tne Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for medium-density and general commerciai land uses commer,~~rate with the propesal; that no sensitive environmental iropacts are involvFd in the proposal; that the I~itial Study submitted by the petitioner indicates no signiftcant indivldual or cumu'~ative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. N041, THEREFOP,E, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petttion for Reclassification and, by so dotng, that Title 18-Zoning of the Anaheim Nunicipal Code be amended to exclude tlie above-described property from the Rs-A-43,Q00 (RESIDENTIAL/AGRICULTURAL) ZOFJE and to incorporate sald descrEbed property into the CL (CO1I?icRCIAL, LIh11TED) ZONE upon the following conditions which are hereby found to be a necessary prerequisite 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. That all engineering requirements of the City of Anaheim along Lincoln Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, dratnage facilities or other appurtenant work, shall be complied o-~ith as required by the City Engineer and in accordance a~ith specifications on file tn the Office of the City Engineer; and/or that a bond, certificate of deposTt, letter of credit, or cash, in an amount and form satisfac*_ory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determi~l;;d by the City Council, for street lighting along Lincoln Avenue. 3. That the oamer(s) of suhject property shall pay to the City of Anaheim a fee, in an amourt as determined by the City Council, for tree planting purposes along Lincoln Avenue. -2- ~C3~-3!E tE. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the ~~mer(s) of subJect property shall pay the traffic signal assessment fee (Ordinance ~lo. 3896) in an amount as determined by tne City Counci?, for commercial buildings prior to the issuance of a huilding pernit. 7. That trash storage areas shall be provided in <,ccordance ~~ith approved plans on file with the Offtce of the Executive Director of Public tlorks. 8. That the owner(s) of subject property shall submit a letter requesting the termination of Variance No. 1~!Z1 to the Planning Department. 9. That subject property shall be developed substanttally in accordance with plans and specifications on file with the City of Anaheim marked Exhibit tJos. 1 through 3; provided, ho~iever, that a six (6) foot high b1ocF:~rallshall be constructed ~ along the south property line. 10. Prior to ':he introduction ~f an ordinance rezoning subject property, ConJition Nus. 1, 2~ 3 and ~, above-mentioned, shall be completed. The provisions or rights granted by this resolution sha;l hecome null and void by action of the Planning Commission unless said conditions are complied o-~ith a~ithin one year from the date hereof, or such further time as the Ptanning Commission may grant. 11. That Condition Nos. !+, >, 7, and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. BE !T f!~~THE~ RESOLV~D ttiat '~c ~naheir CIt~ P1arr,ing Coc~?ssicr does herevy rind and determine that adoption of this Resolution is expressly predicated upan 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 jurisdlction, then this Resolution, and any approvals herein contained, shall be deemed nuil and void. THE FOR~GOING RESOLUTION is signed and aF~roved hy me this 25th day of February, 198q. ~,c~.~e~..~- ~ ~8~..~..~ C RIJOP!AN, ANAFf~' I11 C I Y PLANT! I PIG COMT11 SS I ON ATTEST: ~ ~.~. .~ ~a~,~:a, SECRETf1 Y, APlAHE I;~ C I TY PLr1PaPJ I NG COM"11 SS I Oh -3- Pc3n-31~ L~'.::~ . STATE OF CAL I FORP~ I A ) COUNTY OF ORANGE ) ss. CITY OF APIANEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Ccmmission, do hereby certify that the foregoing resolution ~ras passed and adopted at a meeting of the Anaheim City Planning CommTssion heid on February ?5, 19~~, by the folio~•+ing vote of the members thereof: AYES: COM111SSIONERS: BARNES~ BUSIIOP.E, DAVID, FRY, HEREST, Y.IDI~, TOLAR NOES: COMMISSIONERS: NONE A[iSENT: COMMISSIONERS: NO!!E 1980. IN WtTIdE55 WNEKEOF, i havP har '~ set my hand this 25th d~y of February, ~cEt~ ~ ~~.~ SECRETARY, A~lAHE i ht C I TY PLA"1tJ 1 HG CUP1M I SS I ON -k- PCB~-3~4