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PC 85-119RESOLUTION N0. PC85-119 A RESOLUTZON OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFZCATION N0. 84-85-33 BE GRANTED WHEREAS, the Anaheim City Planning Commissiun did receive a verified pe~ition for ReclassiEication from SYNOD OF SOUTHERN CALIFORNIA AtdD HAWAli, 15U1 Wilshire Boulevard, Los Angeles, Cali.fornia 40017, owner, and VICTOR CUNSTRUCTION COMPANY, 3445 East La Palma Avenue, Anaheim, California 92806, owners of certain real property situated in the City of Anaheim, County of Oranye, State of California, described as foltows: ALL THAT CERTAIN ;AND SITUATED IN 'PHE STATE OF CALIFORNIA, CUUNTY OF ORANCE, CITY OF ANAHEIM~ LYING WZTHIN A PORTION OF PARCEL 1, AS SHOWN ON THAT CERTAIN 'LOT LINE ADJUSTMENT PLAT 88' RECORDED 24 SEPTEMBER 1981 IN BOOK 14231~ PAGE 1429~ OF OFFICIP.L RECORUS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING Am THE PfOST EASTERLY CORNER OF SAID PARCEL 1 AS SHOWN ON SAID 'LOT LINE ADJUSTMENT'; THENCE NORTH 32° 52' 42• WEST 103.00 FEET; THENCE NORTH 62` 29' 42' WEST 136.00 FEET TO THE TRUE POINT Ofi BEGINNING; THENCE NORTH 62° 29' 42" WEST 243.45 FEET; TH~NCE NORT6 42° 39' 42° WEST 165.4Q FEET TO A POINT IN A CURVE, CONCAVE NORTHWE3TERLY~ HAVING A RADIUS OF 2110.00 FEET; A RADIAL LINE BEAP.ING NORTfi 39° 30' 44' WEST PASSES TH120UGH SAID POINT; THENCE NORTHWESTERLY ALONG SAID CUkVE THROUGH A CGNTRAL ANGLE OF 04° 39' 51" AN ARC DISTANCE OF 165.70 FEET TO A POINT GF REVERSE CURVATURE~ SAID REVERSE CURVE BEZNG COPlCAVE SOUTHEAS':ERLY, HAVING A RAUIOS OF 25.00 FEET; A RADIAL LINE BEARING NORTH 35° 00' 22" WEST PASSES THROUGH SAID POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONC SAID CURVE THROUGH A CEC7TRAL ANGLE OF 92° 06' 34" AN ARC DISTANCE OF 40.19 F'EET TO A TA:7GENT LINE; THENCE ALONG SAID TANI;ENT LINE SOUTH 36° 06' S6' EASi 378.29 FEET; THENCE NORTH 53° 28' 38" EAST 46.00 FEET; THENCE NORTH 37° 06' 56' WEST 58.00 E'EET; THENCE NORTH 53° 28' 38" EAST 92.00 FEET; Tii':;t:CL• NGiti't, a5` Ub` U4" EAS'i' 19.i.'~f1 PEBT TO THE TROE POIt~T OF BF.GINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Centec in the City of Anaheim on April 15, 1985 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider evidence Eor and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; said ~uhlic hearing having been continued to the Planning Commission meetiny of May 13, 1985; 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: k0518r PC85-119 i e ;~ ,-• ~- 1. That the petitioner proposes reclassificati.on of subject property fcom the RS-A-43,OG0(SC) (P.e~idential/Agricultu[al, Scenic Cotcidot Overlay) Zone to the CL(SC) (Comi~ercial, Limited, Scenic Corr.idor Uverlay)• 2. That the Anaheim Genera.l Plan designates subject property for qeneral commeccial land uses. 3. That the pcoposed reclassification of. subject property is necessary and/oc desirable for the orderly and prapez development of the cort~munity. 4. That the propo~ed reclassification of ~ubject property does pcopecly celate to l:t~e zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses genecally established throughout the community. 5. Ttiat the proposed reclassification of subject ptoperty zequires the improvement of abutting streets in accordance with the Ci~culatien Element of the Ceneral Plan, due to the anticipated inc~ease in traffic which will be genecated by the intensification of land use. t~. That no one indicated their presence at said public hea[ing in opposition; and that no correspor.dence was ceceived in opposition to subject pet:tion. ENVIRONNENTAL IM?ACT FINDING: That the Anaheim City Planning Conmiission has teviewed the proPotal to reclassify subject propecty from the RS-A-43,000(SC) (Residentiai/Agciculrural, Scenic Corridor OveYlay) zone to the CL(SC) (Commercial, Limited, scenic Co~ridor Overlay) Zone to permit a retail centec with on-sale alcoholic beverages in an enclosed restaucant, and with waivers of maximum number of signs, maximum number of siyn display surface, required sign placement, maxi~~ium sign area and minimum buildin9 setback, and with removal oE six (6; specinien l•rees on an ircegulacly-shaped parcel ot Land consisting of approximately 2.4 acres located at the so~itheast co~nec of Santa Ana Canyon Road and Fairtnont Boulevatd; and does heteby approve the Negative Declacation upon GicldiR'y t`:;t it ~.~° ~~nsidnrPd the Neqative Declatation to9ether with any comtnents eeceived durin9 the public review pcocess and further findiny on the basis cf the initial study and any commer~ts received that there is no substantial evidence that the project will have a significant effect on the environment. N~W, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission =s hereby 9rant subject Petition for Reclassification and, by so doing, that Title 18-2oning of the Anaheim Fiunicipal Code be amended to exclude the above-described property f[om the RS-A-43,000(SC) (Residential/Agricultural, Scenic Corridor Overlay) 2one and to incorporate said desc~ibed propecty into the CL(SC) (Commercial, Limited, Scenic Corridor Overlay) Zone ~pon the following conditions which are hereby found to be a necessary prerequisite tod a egenz~alS welfare of subject property in order to preserve the saEety the Citizens of the City of Anaheim: _2_ PC85-119 :i : G:.~: ~.... - _ __._ _ . , _ trrr.._ . . .. . ~ 1. That the owner(s) of subjecl property shall dedicate and improve a 10 foot wide equestrian and hiking trail easement along Santa Ana Canyon Road and Fairmont Boulevard as shown on the Equestrian and Hi~ing Trails Component of the Ceneral Plan and that improvement plans, in acr.ordance with standard plans and specifications or. file in the Office of the Cicy Engineer, shall be submitted in conjunction with the grading plan; and, that prior to introduction of an ordinance rezoning subject property, a bond in an amount and forrn satisfactory to the City of Anaheim shal.l be gosted with the City to guarantee the insrallation of the above-menti.oned r?quirements prioc to occupancy. 2. That the oWner(s) of subject property shall landscape and irrigate tne parkway of Santa Ana Canycn Road adjacent to subject pcoperty to tt,e satisfaction of the Parkway Maintenance Division. The owner(s) saall record a covenant agreeing to maintain said landscaping. Sec•urity in the form of a bond, certificate of deposit, letter of credit, or cash in an amount and form satisfactory to the City of Anat~eim, shall be posted with the City to guarantee the satisfactory completiun of said improvement.s. Said covenant shall be recorded and :;ecurity stiall be posted with the City prior to the introduction of an ocdinance rezoning subject pr~perty to guarantee the installation of the above-required impro~c•ments prioc to uccupancy. 3. That the vehicuLar access rights to Santa Ana Canyon Road and Fairmont Boulevard, except at approved access points, shall be dedicated to the City of AnahAim, 4. That all engine~:ing ceyuire:nents of the City of Anaheim along Santa nna Canyon etoad, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water Facilities, street grading and paveme~,t, ~ewer a~.i drair.?~e facilities, or other appuctenant wock shall be complied wi•_n as required by the City Engineer and in accordance with specifications on file in the ULfice of the City Engineer; and th~: security in the form nf :+ h~n~, ~r,~_~_~~~~ ~[ ~~r~siC, Ietker oY credit, or cash, in an amount and form satisfactory to the City of Anahezm, shall be posted with the City to guarantee the satisfactory completion of said improvenents. Said security ~hall be posted with the City prior to introduction of an ordinance r?zoning subject property to guarantee the installation of the above-required improveme~.Ls prior to occupancy, 5. That the uwner of subject property shall submit a lette.r requesting termination of Reclassification No. 81-82-4 and Conditional Use Permit No. 2249 to the Plann:ng Lepartment. 6. That street Lighting facilitie~ along Santa Ana Canyon Road a!:d Faicmont Boulevard shall be installed as required by the Utili:ies General Managec in accordar,ce with specifications on file in the Office of Utilities Ceneral Manager, and that securii:y in the focm of a bond, certificate of deposit, lecter of credik, or cash, in an amount and Eocro satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above- -3 PC85-119 ,~. mentioned improvements. Said security shall be posted with the City of Anaheim prior to the introduction of an ordinarce rezoning subject p-nperty. The above-required improvements shall be installe4 prior to occupancy. 7. That vehicular access to the er,.isting storm drain easement located near the north and east property lines sha11 be dedicated to the City of Anaheim, as required by the City Engineer. 8. That access easements for fi~e and Lrash vehicles shall be dedicated to the City of Anaheim, as required by the Citv gire Marshall and the Street Maintenance and Sanitation Director. 9. That prior to the introduction of an ordinance rezoning subjeck property, Condition Nos. 1 through 8, abc~ve-mentioned, shall be completed. The provisions or rights granted by this tesolution shall become null and void by action of the Planning Commission unless said conditioi~s are complied with within one year from the ~ate of this resolution, or such furthec time as the Planning Commission may grant. B6 IT FORTHER RESOLVED that the Anaheim City Planning Commission dues hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and a.ll of the condition.s heceinabove se~t Porrn. Should any such condition, or any part thereof, be declared invalid or unenforceable by the fir..a~ judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nuil and void. THE EOREGOING RESOLOTZON ~signed and approved by me this 13t;~ day of P1ay, 1985. ~ ~= ;/ j ' ;;i/,<-G~ ~:~~ ~i.1-- / c ~_ ~--CHAIRDIAN, AtdAHEIM ITY PLANNING COMMISSIGN ATTEST: ~. ~~~.~ ~° ~~~.~ SECRETARY, ANAHEIL~I CITY PLANNING COMMISSION STATE OE' CALIFORNIA ) COUNTV O.F ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Corimission, do hereby certify that the foregoing resolution was passed and adopted at a meel-ing uf the Anaheim City Planning Commicsion held on May 13, 1985, by the following vote of the members thereof: AYES: COMPIISSIONERS: BOUAS, FRY~ HER65T~ KING~ LA CLAIRE ~ 61C BUkNEY ~ NUES: COMMISSIONERS: NONE A13SENT: COPIMIuSiUNERS: BUSHORE IN WITNESS WHEREOF', I Have hereunto set my hand this 13th day of May, 1985. ~~(,~, ~ ~~,~ SECRETARY~ ANAHEIM C?TY PLANNING COMMISSION ;;~~ '4' PC85-i19 ~t,, ~r.i~~u~..ron.~*wmw.+.:.naw.,,~......w,...,,~ _~.,,....,_......_~,. ..... . ......... . .. . .,