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PC 81-90RESOLUTION NO. PC81 -90 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 80 -81 -30 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from ROBERT MARVIN LAW, 914 West Lincoln Avenue, Anaheim, California 92805, owner, and ERIC F. MOSSMAM, 218 5th Street, Huntington Beach, California 92648, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Parcel 4, Parcel Map 109/12 as shown on a map filed in Book 109, at Page 12 of Parcel Maps, records of Orange County. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 20, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and to accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, 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 inspection, 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 /Agricultural) Zone to the CO (Commercial, Office and Professional)Zone. 2. That the Anaheim General Plan designates subject property for 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. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires the dedication and improvement of abutting streets in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 6. That 3 persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS -A- 43,000 (Residential /Agricultural) Zone to the CO (Commercial, Office and Professional) Zone PC81 -90 to construct a medical and professional office building on an irregularly- shaped parcel of land consisting of approximately 2.7 acres, having a frontage of approximately 330 feet on the east side of Beach Boulevard, and being located approximately 665 feet north of the centerline of Orange Avenue (409 South Beach Boulevard);and does hereby approve the 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 general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 18- Zoning of the Anaheim Municipal Code be amended to exclude the above-described property from the RS- A- 43,000 (RESIDENTIAL /AGRICULTURAL) ZONE and to incorporate said described property into the CO (COMMERCIAL, OFFICE AND PROFESSIONAL) 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 Beach Boulevard including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along Beach Boulevard shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory 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 determined by the City Council, for tree planting purposes along Beach Boulevard. 3. That a modified cul -de -sac shall be provided at the terminus of Academy Avenue subject to the approval of the City Engineer. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7. That a 6 -foot high masonry wall shall be constructed along the east, west and south property lines. -2- PC81 -90 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 10. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 12. That any parking area lighting shall be down - lighting with a maximum height of 12 feet, which lighting shall be directed away from the east property line to protect the residential integrity of the area. 13. Prior Condition Nos. 1 and rights granted by Planning Commission date hereof, or such 14. That Condition Nos. 3, 4, 6, 7, 8, 11, and 12, above - menttoned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER 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, or 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 null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of April, 1981. ATTEST: SECRETARY, ANAHEIM IT / NNING COMMISSION to the introduction of an ordinance rezoning subject property, 2, above - mentioned, shall be completed. The provisions or this resolution shall become null and void by action of the unless said conditions are complied with within one year from the further time as the Planning Commission may grant. /wLeer CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION -3- PC8 -90 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 20, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES 1981. IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of April, SECRETARY, ANAHEIM - CITY CITY PLANNING HEI COMMISSION - PC81 -90