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PC 85-134- .•- RESOLUTION P70. ?C85-134 A RESOLUTION OF THE ANA6EIM CITiC PLANNI~7G COMMISSION THAT PETITION POR RECLASSIFICATIUN NC. 84-85-36 BE GRANTED WHEREAS, the Anaheim City Pl~nning Commission did receive a verified petition for ReclassiEication trcm MISAL BUILDING COtdTRACTOdS, INC., ATTN: WARTAN L. [9INASSIAN, 300 Suuth Harbor Boulevard, Suite 60U, Anaheim, California, owners, of certain real property situated in the City of Anaheim, County of Orange, State of Califocnia, described as follows: THAT PORT20N OF THE NORTHWEST QUARTER OP THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOCTH, RANGE 10 WEST~ RANCHO CAJON DE SANTA ANA~ AS SHOW:I ON A MAP RECORDED IN BOOK .ril~ PAGE 10 OF MSSCELLAhEOUS MAPS, RECORDS OF OP.ANGE COUNTY, CALIF('RNIA~ AND AS SAID NORTHEAST QUARTER IS INDICATED ON A MAP OF TRACT N0. 647 RECORDED IN BOOK 20, PAGE 34 OF MISCELLANEOU3 MAPS~ RECORDS OF ORANGE COONTY~ CALIFOR~IA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION~ EAST 200.00 FEET THEREON FROM THE NORTHWEST ('ORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE LEED TO THE GRECO CONSTRUCTION CORPORATION, RECORUED OCTOBER G~ 1955 IN BOOK 3235, PAGE 147 OF OFFICIAL RECORDS; THENCE SOUTH 300.00 FEET PARALLEL WITH THE WEST LINE OF SAID GRECO CONSTRUCTION CQRPORA7'ION LAND; TH£NCE EAST 140.00 FEET T'?:RALI~EL WITH 3HE NORTH LINE OF SAID SECTION; 't'HENCE NORTH 3CJ.~:u FEET PARALLEL WITH SAID WEST LINE~ TO THE NORTH LINE OF SAID SECTION; THENCE WEST 140.00 FEET TO THE POINT OF bEGINNING. EXCEPTING THEREFRON THE NORTH G5 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 13, 1985, at 1:30 p.m., notice of said oublic hearin9 having been duly qiven as required by taw and in accordance with the provisions of the Anaheim blunicipal Code. Chaptez 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendaticns in connection therewith; said public hearing having been continued to the Planning Commission meeting of May 29~ 1985; and WHEREAS, said Commission, after due inspection, inve~~igation and study made by itself and in its beha'lf, and after due consideration of all evidence and reports offered at said hearir.g, does find and determine the followin9 facts: 1. That the petitioner proposes reclassificat9.on of subject property from RS-A-43,000 (Residential, Agricultural) to the CL (Commeccial Limited) Zone. 0536r PC85-134 2. That the Anaheim General Plan desiynates subject property for .low-density residential land uses. 3. That ~he pcoposed reclassification of subject property is necessa:y and/or desirable for the ordecly and proper development of the community. 4. That the proposed reclassification of subject property ; does properl,y relate to the zones and their Fermitted uses locally <~atablished in ~lose proximity to subject property and ~o the zones and their pern;itted use;; yenerally estabti~hed throughout the community. 5. That ~o one indicated their presenc:e at said public hearin9 in opposition; and that no correspondence was received in o~position to subject petition. ~NViRONt4ENTAL TMPAC_ T p~_NDIN~: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subjecc property from the RS-A-43,000 (Residential, Agricultural) to the CL (Comme[cial, Limited} or a less .intense zone to construct a one-story commercial/retail center with waivers of niaximum structural height and minimurn landscaped setback on a rectangularly-shaped parcel of land consisting of approximately 0.;5 acre, having a frontage of approximately 14U feet on the south side of I.incoln Avenue, and further described as 1830 4lest Lincoln Avenue; and does hereby apprcve the tdegative Declaration upon finding that it has considered the Negative Declar.ation together with any cemments received during the public review pr.ocess and further finding on the basis of the initial study and any comments received that there is no subsCantial evidence that the project will have a significant effect on the environment. NOF1, TH~REFOk1's, BE IT RESOLVED that the Anaheim City Planning Commission does !iereby grant subject Petition fo:c 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) 7,one and to iacezpornte said uescribed property into the CL (COmmercial, Limited) Zorie upon the following conditions which are hereby found to be a necess~ry prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the C<_tizens of the City af Anaheim: 1. That the vehicular access rights to Lin~:oln Avenue, except at appruved access points, shall be dedi~:ated to the City of Anaheim. 2. That prior to the incroduction of an ord.inance rezoning subject property, Cond:tion No. 1, abo•:e-mentioned, shall be completed. The provisions or rights gr.anted by this resolution shall become null and void by action oP the Planning Commission unless said canditions are complied witn within one year from the date of this resolutian, or suc; fucther time as the Planning Commission may grant. -2 PC85-134 I~ ,~."' ,.. _ bE IT CURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption af 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 judgement of any court of competent jurisdiction, then this Resolution, and any approva.ls herein contained, shall be deemed null and void. THE FUREGOING REBqLUTIOt: i~ signed and a day of May, 1985. proved by me this 29th ~_.~~ ' ~1 ~~-''i ,'Y/J ~ >>i~ J ~ -CHAI'~FIAN, ANAHEI• NITy pLANNING COMMISSION ATTEST; - l ' . ~ ; ~/ ~~~ c G=! r~ - ~7 ~ _ SECRETARY~ ANAHEIM CITY\PLANNIN ~ CCtdMISSZON , STATE OF CALIFORNIA ) CUUNTY OF ORANGE ) SS, CITY OF 1,N11HEIPi ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify Chat the foregoing resolution was pa:sed and adopted at a meeting of the Ana~eim City Planning Commission helc on Afay 25, 19g5, by the following vote of the members thereof: AYES: COPIMISSIONERS: BOUAS, BUSHORE, FRY, NERBST, KING~ LA CLAIRE, NOES: CQMM,[SSIONERS: NONgURNEY ABSENT: COMN,ISS_TQ;7512,^~: ivi:ilJt IN WITNESS WHEREOF, Z Have hereunto set m of May, 7.yg5, y hand this 29th day ~~~ f / . ~i ~ ,~~:~ , ~ SECRETARY, ANAHEI[4 CITY PLANN~~COM ISSION -3- PC85-134 v , S'