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PC 85-98RESOLUTION N0. PC85-98 A RESOLUTION OF THE ANAHElM CITY PLANNING COPIMISSZqN THAT PE;ITION FUR RECLASSIFICATIOt] NG. 84-85-29 IIE GRANTED WHBREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification Prom NURBERT A. WATERS AND RUTH M. WATERS, 12132 t~torrie Lane, Gacden Grave, California 92640, owners of certain real proper*_y situated in the City of Anaheim, County of Orange, State oE California, described as follows: 7.'HAT pOkTION OF THE SOUTHWE:ST QUARTER OF THE SOU~'riEAST QUARTER OF SEt;TION .13~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON llE SANTA ANA, AS SHOhN ON A MAP RECORDED IN F300K 51~ PAGE 10 OF MISCEI.LANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA~ DESCRIB6D AS FOLLOWS: BEGINNTNG AT THE EASTERLY TERDIINUS UF THAT COUR.SE DESCRIBED "NORTH 89° 02' 32" WEST 1%5.00 FEET IN 'lHE BOUNDARY OF PARCEL 3 OF THAT CERTRIN FINAL ORDER OF CONDEMNATION~ SUP°RIOR COURT CASE N0. 114537, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 3, 1964 iN BC~OK 7073~ PAGE 214 OF OFFZCIAL RECORDS OF SAID ORANGE COUNiY; THENCE ALONG THE EASTERLY PROLONGATION OF SAID COURSE SOUT~1 89° 02' 32" EAST 318.48 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY AND EiAVING A RADIUS OF 300.00 FEET; THGNCE NORTHERLY ALUNG SAID CURVf:, FROM A TANGENT WHICH BEARS NORTfi 0° 57' 28" EAST THRGUGH A CENTRAL At]GLE OF 40° 56' 43" AN ARC LENGTH OF ?.14.39 FEET TO A POINT IN THAT COURSE DESCRIBE~ AS "SOUTH 52° 13' 12' WEST 24.19 FEET' IN THE BOUNDARY OF SAID PARCEL 3~ DISTANT TNEREON NORTH 52° 13' 12' EAST 2.55 FEET FROM ITS SOOTHWESTERLY TERMINUS; THENCE ALONG LAST SAID BOUNDAkY THE FOLLOWING COURSES: SOUTH 52° 13' 12" WEST 2.55 FEET~ SOUTH 53° 20' 07' WEST 258.88 FEET AND SOUTH 79° 38' S3' WEST 188.66 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planninq Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 1, 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 for and against said proposed reclassification and to investigate and make Eindings and recommendacions in connection thetewith; and WfiEREAS, said Comm?ssion, 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 zhe Eollowing facts: 1. That the petitionec proposes reclassification of subject property from the RS-A-43,000 (Residential, Agricultural) to the CL (COnunercial, Limited) or a less intense zone. ~. That the Anaheim General Plan designates subject property for general commercial land uses. ~0497r PCBS-98 3. That the proposed reclassification of subject property is necessary and/or desirable foc 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 u~es locally established in close proximity to subject pcoperty and to the zones and their permitted uses generally established thcoughout the community. 5. :ha~ the proposed reclassification of. su~ject property requires the improvement of abutting streets in accordance with the Circulation Element of the General Plan, due to the anticipated incr.ea~e in traffic which will be generated by the intensification of land use. 6. That no one indicated their pre~ence at said public he~aring in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IPiFACT ~lNDING: That the Anaheim City Planning Commission has reviewed the pcoposal to reclassify subject property from RS-A-43,U00 (Residential, Agricuitural) to the CL (Commercial, Limited) or a less intense zone on an irregularly-shaped parcel of land consisting of approximately 0.46 acre, having a frontage of approximately 320 feet on the north side of eall Road, and fu~ther ~escribed as 2523-25 East Ball Road; and does hereby approve the Negative Declaratior. upon fin~ing that it has consideced the Negative Declaration together with any comments received during the public review process and fur.ther finding on the basis of the initial study and any comments received that there is no suhstantial evidence that the project will have a significant effect on the environment. tdOW, THEREFORE, BE IT RESULVED that the Anaheim City Planning Commissiun does hereby grant subject Petition for Reclassification and, by so doiny, thar. T:tle i8-7.oning of th~ Anaheim Municipal Code be amen~ed to exclude the above-desccibed property from the RS-A-43,000 (Residential, Agcicultural) Zone and to incorpocate said described property into the CL (Commercial, Limited) Zone upon the iollowing conditions which are hereby found to be a necessacy orereauiGite to the oroposed use of su~ject propezty in order to preserve the safety and general wel£are of the Citizens of the City of Anaheim: 1. Tfiat primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the OfEice of the Utilities General Manager. 2. That the owner of subject property shall pay to the City oE Anaheim a fee for tree planting purposes a2ong Ba12 Road in an amount as detPrmined by the City Council. 3. That prior to adoption of the ordinance rezoning subject property, stceet lighting facilities along IIall Road shall be installed as required by the Utilities General Ftanager ir, accordance with specifications on file in the Office ot the Uhilities General Manager. -Z- PC65-98 ~'' -- 4• That the vehicular access riyht•s L•o Ball Road except at a~,proved access points, shall be dedicated to the City of Anaheim. 5. That the owner(s) of subjn~t property shall record a covenant guaranteeing reciprocal parking and access rights between subject ~roperty and property immediately west of subject property. Said covenant sh~:: be reviewed and appruved by the City Attorney's Office. A copy of the recorded covenant shall then be submitted to the Planning Departm~nt. b. That prior to the introduction of an ordinance rezoning subject pcoperty, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be completed. The provisions oc 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, oc ~uch further time as the Planning Commission may grant. ~~ IT EURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance w;th each and all of the condit?ons hereinab~ve set forth. Should any such c~ndition, or any part thereof, be declared in~.,~lid oc unenforceable by the final judgment of any court of compel-enk jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FORECUING RESGLU'P1UN is signed and apprpy d b of April, 1985. ~ R Y.me this 15th day . ~ ,1~ \_ _~ ':/ ~ ~ .~--~f- ~<~ ~ ATTEST: CHAIRMAN,LHr7AHE~IM CI:Y P ANNING COMMISSZOtv n ~ ~C ~.I i(,i~- SECI.ETARY~ ANAHEIP~ CITY PLANNING COMMISSiON STATE OF CALIFQnN?n ) COUNTY OF ORANGE ) ~S, CITY OF ANANEIM ) I. Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby cectify that- the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 15, 1985, by the following vote of Lne members thereof: AYES: COt4b1ISSI0NERS: BOUAS, BUSHORE~ FRY, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: HERBST ABSENT: COMMISSIONERS: NONE IN WITNESS WFiEREOF, I have hereunto set my hand this 15th day of ~ April, 1985. ~~~ ~ _ 1 SECRETARY~ ANANEIM CZTY FLANNING COMMISSION ~ ~ i -3- ?C85-98 +