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PC 83-78; --, ''~ RE_ SpL~TION NO. PC83-7g ;~, A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION L~'OR RECLASSIFICATION N0. 82-83-30 BE GRANTED WHEFtEAS, the AnaFeim C' petition for Reclassification lty Planning Commission : Stanton from J. HAROLD & did r.eceive a veri£ied . California 90680, owners MARION A. SMITH, p, o, ,j Anaheim, California 9Zgpq ~ and ROY ALBERODII Box 6g, of Anaheim ~ a9ent of certain r.eal ' 3440 West Ball Road, , County of Orange, Sta~e of California pr~perty situated in the City , described as follows: ~ THAT PORTION OF THE WEgm WE~r HALF OF THE SOUTHCAST52'5 FEET OF THE EAST HALF OF THE OF SECTSON 14, TOWNSHIP 4 SOU H~TER OF THE SOUTHWEST COYOTES IN THE CITY QUARTER OF ANAHEIM ASR SAID SE TION O S S OWN SON OA MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTX RECORDER OF SAID COUNTX, SOUTHERL~ OF THE SOUTHERLY LINE OF LOTS 23 Z839 AS PER MkP RECORDED IN BOOK g5 p LYjNG AND 24 OF TRAC; OF MISCELLANEOUS (qppg ~ AGES 9 TO 15 INrL"USIVE OF SAID COUNTY. ' IN THE OPFICE OF i'HE COUNT't RECORDER WHEREAS, the City Plannin Commissiun did the Civic Center in the City of Anaheim on A hold a of said public hearing havin b Pril 18 Public hearing at accordance w• 9 een dul ' 1983 at 1:30 p,m,, notice ith the ptovisions og y 9iven as required by law and to hear and consider evidence the Anaheim Municipal Code, in and to investigate and fOr and against said Chapter 18.03, therewith; and %~ake findin s PrOPosed reclassification 9 and recommendations in connection WHEREAS, said Commission, after due inspection study made by itself and in its behalf, and after evidence . investigation and and reports offered at sai.d hearin due consideration of al.t following facts: 9, does find and determine the 1• That the petitioner proposes reclassification property from RS-A-43,000 (xesidential, Single-Family) Zone to (COmmercial, Limited) Zone. °f Sub]ect the CL 2• That the Anaheim General Plan g ~ low-density re~idential land uses desi nates sub'ect the area across Ball Road ~ and commercial ProPerty for to the south. Professional land uses for 3• That the proposed reclassification of sub' ~~ necessary and/or desirable for the orderly and community, Ject property is ~ proper development of the ~ '. 4• That the F properly relate Proposed reclassification of ~ to the zones and their S~bJect property does ' close proximity to subject Aermitted uses locally established in generally established througho tet 2 communitye Zones and their ~ permitted uses 5• That the the improvement og prOposed reclassification of sub' abutting ~treets in accordance with thect prOPerty requires Circulation Element of the General Pl~n, due to the anticipated increase in traffic which will b generated by the intensifical•ion of iand use. e #0584I , PC83-78 6. That one person indicated his pre~ence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMEtdTAL IMPACT FINDING: Tr~at the Anaheim Citi Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (Residential, Single-Family) Zone to the CL (Commercial, Limited) Zone to construct a commercial building with waiver of maximum structural heiqht on a rectangularly-shaped parcel of land consisting of approximately 0.40 acre, having a frontage of approximately 152 feet on the north side of Ball Road, and further described as 3311 West Ball Road; 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 indiv:dual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low-density residential land uses commensurate w~th 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 cumulati•re adverse environmental impacts; and that the Negative ~eclaration substantiating the foreqoing findings is on file in the City of An~:heim Planning Department. NOW, THEREFORE, BE IT RESOLVEU 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 RS-A-93,OU0 (Residential, Single-Family) Zone and to incorporate said property into the CL (Commercial, Limited) Zone upon the folloe~ing 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 the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Ball Road in an amount as determined by the City Council. 2. That sidewalks shall be installed along Ball Road as required by the City Engineec and in accordance •aith standard plans ar.d specifications on file in the Office of the City Engineer. 3. That street lighting facilities along Ball Road shall be installed as tequired by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form oi 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 satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to building occupancy. 4. That drair.age of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That prior to issuance of a building permit, the appropriate traf.fic signal assessment fee shall b~ paid to the City of Anaheim in an amount as determined by tl~e City Council for new commercial buildings. -2- PC83-78 /~ 6• That trash storage aceas ~hall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 7• That prior tu issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by rhe Office of the Ut±lities General Manager. $. That prior to issuance of a building pErmit, the design of the driveway approach shall be submitted to the the City Traffic Engineer for review and approval. 9. That completion of these r.eclassification proceedings is contingent upon the granting of Variance No. 3327. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; pcovided, however that: (a) Any proposed parking area lighting fixtures shall be down-lighted with a maximum heiyht of 12 feet (said lighting Eixtures shall be directed away from adjacent property lines to protect the residential integrity of the area; and (b) An eight (8) foot high concrete block wall, as measured from the highest finished adjacent grade, shall be constructed along the northerly property line. 11. That prior to the introduction of an ordinance rezoning subject property, Condition No. 1, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may grant. 12. That prior to issuance of a building permit, Condition No. 3, above-mentioned shall be complied with. 13. That prior to final building and zoning inspections, Condition Nos. 2, 4, 6 and 10, above-mentioned, shall be complied with. 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. -3- PC83-78 THE iOREGOING RESOLUTION is signed and 3pproved by me this 18th day of April, 15a3. ~ i~ , ~il L~ `J/.;:-~.~"`/-- ~••n2Rb7AN, ANAHEIM CITY P NING COMMISSION ATTEST: ""~L~~ ! ~d.da~i SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, da hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 18, 1983, by the followin9 vote of the members thereof: AYE~: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY, NOES: COMMISSIONERS: NONE ABSEATT: COMMISSIONERS: LA CLAIRE IN WITNESS WHEREOF, I Have hereunto set my hand this lBth day of April 18, 1983. //J ~_C_.._T-~ iC - '~lej ' SECRETARY, ANAHEIM CZTY PLANNING COMMISSION -4- PC83-78