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Resolution-PC 93-114~ ~ R~,,~Qf~'ION N0. PC93-~~ A RESOLUTION QF THE ANAHEIM CITY PLANNING COMMISSION THAT NETIT{ON FOR RECl~4SSIFICATION NO. 93-94-03 BE GRANTED WHEREAS, the Anaheim City Pianning Commisslon did receive a ver(ifed petitlon for Reclassification for real property situated in the Ciry of Anaholm, County oi ~~range, State of Califomla, described es fullows: THAT PORTION OF IAND GRANTED TO THE SANTA APlA VALLEY IRRIGATlQN COMPANY BY D~EC~ RECORDED OCTUBER 9, 1947 IN BOOK 1536, PAGE 487, OF OFFICIAL RE^vORDS OF ORANGE COUMY BEGINNING AT A POINT OF INTERSEC710N OF THE NORTHWESTERLY RIGHT OF WAY LINE E37ABl ISHED IN SAID DEED AND THE SOUTHERI.Y RIGWT OF WAY LINE OF SANTA ANA CANYON ROAD PER DE~D RECORDED IN BOOK 1681, PAGE 232, OF OFFICIaL RECORDS OF ORANGE COUNTY, THENCE SOUTH 44 DE(3. 60' 38" WEST 5.64' THENCE SOUTH 27 DEQ. 39' 18" WEBT 144.34', THENCE SOUTH 7 DECi. 17' S3" WEST 135.19', THENCE SOUTH 7 DEQ. 01' 27" EAST 140.32, THENCE NORTH 81 DEG. 35' 18" EAS7 25.01 ', THENCE SOUTH 7 pEG. 01' 27" 10.00', THENCE SOUTH 76 DEG. 2~ 57" WFST 26.7Q' THENCE NQFtTH 7 DECi. Qt' 27" WEST 152.82', THENCE NORTH 7 D~G, 17' b3" EAST 119.93' TNENCE NORTH 27 DEG. 39' 18" EAST 127.80, THENCE NORTH 44 DEG. 50' 38" EAST 588.51' TO THE INTERSECTION OF THE SOUTHERLY HIGHT OF WAY LINE OF SANTA ANA CANYON ROAD PER THE AFqRE REFERENC:ED DEED, THENCE SOUTH 61 ~EG. 11' A4" EAST TO THE POINT OF BEGINNING. WHEREAS, tha City Plannfnp Commfssi~n dicl hold a pubt(c he~rinp at the Civic Center fn the City of Anahelm on October 18, 1953 at 1:30 p.m., notice of said publ(c hearing havlny been duiy given as required by law and in accordance with the psovisions oE the Anahe(m Municlpei Code, Chaptet 18.03, to tiear and conslder evidence for ttnd agalnst sald praposed r~classlficntion and to Investigate and make ifndfngs and r3comrnendations (n connection therewith; and WHEREAS, safd Commissfon, aker due inspectfon, inventfgation and study made by Itseli and in its behalf, and atter due consfderation oi all evidence and repons oHered at sald hearing, does ilnd and determine the toliowtnp tects: 1. That the petitloner proposes reclassiilcatfon of subJect property from the RS-A-~3,000 (SC) (Resldentlal, Agrlcultural • Scenic Corridor Overlay) Zono to the CL(SC) (Commercial, LfmRed • Scenla Corridor, (3ve~lay) Zone in conjunctfan with a requested amendment to Exhibit No. 7 of the Santa Ana Canyon Road Access Polnt Study tu retain the exlating vehicular eccess to the subject property. 2. Thet the Anaheim Gonerel Plan designates subJact properry tor Qeneral Commercial tand ~ uses. ~ ~. 3. That tho proposed zoning is consistent with the exist(ng Gene~ai Plan designation. ~"'~;.~,~ r. 4. Thet the proposed roclassHfcetfon of sub~ect proporry Is necessary end/or desfrpble tor the orderly ~nd proper development of the communfty. 5. That tho proposod reclasaiiir.atf4n oi subjact property does properly relate to the zones and thetr permitted uses locally eatabl(shed In clnse proxfmfty to sub~ect proporty arxJ to the zones end their permitted uses generally estebl(shed throughout the community. CR~ ~2aJ,l.WP .1. PC93-~ ~ a t~ ~ 6. That subJect proposal wlll establish zonfng consistenay with adJacent parcels to the east and west, wl~ich paroeis also abut Santa Ana Canyon Roaa. 7. That the zoning consistency contributes to the comprehensive dovelopment of subJect property. 8. That the proposed reclassHication of subJect proporty requires the improvement of the abutting street in accardance wfth the Circulation Element of the Genetal Plan, due to the anticipated increase In traHic which wlll be generated by the Intenslfication of Isnd use. 9. That three concemocl persons Indlcated thelr presence at said public hearing; and that na correspondencA was received In opposftlon to subJect petitlon. ~AUFORhiA EN~(J,~iONMENTAI~QUALITY A~7_FJN~l~: That the Anaheim City Plannfng Comm(ssion has reviowed the proposal to reclassiiy subJect propertytrom the RS•A-43,000 (SC) (Resldential, Agricultural • Scenfc Corridor Overlay) Zons to the CL(SC) (Commercfal, Lfmited - Scenic Corridor Overlay) Zone on an irragulariy-shaped parcel of land consisting of approximately 0.14 acre, having a irontsge ot approximnteiy 170 foet on the south sfde of Sante Ana Canyon Road, having a maximum depth of 560 (eet, being locatod 330 feet west of Fafrmont Bouleverd, and further described es a portlon ot land prevfously dosignated tor S.A.V.I. Canat use; and does hereby approve the Negative Doclaratlon upon iinding that the declaration retlects the independent )udgement of the lead agency and that k has considored the Negetive Declaration together wkh any comments received during the publlc review process and furthor findln~ on the basls of the Inltial atudy and any comments recelved that there is no substantlal evldence thet the proJect will hsve a slgnN(cant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Ptanning Cummissian does hereby approve the subJect Petitlon tor Reclass(fication to Authorize an amendment to the Zoning Map of the Anahefr~~ Municipal Code to exclude the above~ciescribed property from the RS•A~43,000 (SC) (Residuntlal, ~4gr(cultural - Sconic Corrldor Overlay) Zone and to Incorporato said descrlbod property Into the CL(SG) (Commerclal, Limited - Scsnfc Corridor, Overlay} Zone upon the following conditions which are heraby faund to be a necessary prerequisite to the proposed u~e of subJect property in orcler to preserve the satory and general welfare of the Citizens of the City ot Anehefm: t. That ~ street Impravement plan shall be submicted to the Publlc Works•Enginoering Department to construct a modian island on 3anta Ana Canyon Road to prohibit leR turn movements. Prlor to introductlon of an ardinance flnelfzfn~ subject reclassHfcation, a bond guaranteeing tha constructlon of said medfan shall be posted with the Public Works•Engineer(ng Dfviston. Seid medlen shall be constructed w(thln a period of o"r- (1) year aiter edoptfon of an ordinance finalizing subJect reclassificatlon, 2. That prfor to plaoement of sn ordinAnce rezonfng sub~ect proporty un an agenda ior Ciry Councfl ~ consfderation, Condklon No. t, ebove-mentloned, sheil be completod. The City C-0uncll may apprcrve ; or disapprove e zoning ordinance at its diACrotion. If the ordinance is disapproved, the procedure set ~ torth In Anaheim MuMalpal Code Section 18.03.085 shall apply. The provisions o~ rights prentbd by ,.. this resolution ahell become nuil end void by action ot the Planning Commission unless nald aonditlona ~"''r,~~h are compltad wfth within one (1) year irom tlie date of this resolutfon, or such turther tlme as the Plannfng Commission may grent 3. "~~~~t epproval of th(s epplicatfon constRutes approvai of the proposed request only to the exterh that it complies wRh the Anahefm Municfpal Zoning Code and any other ap~licable City, State and Federal regutatfons. Approval does not include eny actlon or ilndings as to complfance or approval of the request regarding any ather appilcable ordinance, reguletlon or requirement. .2. PC93-t 14 ~ ~ ~ BE IT FURTHER RESOWED that the Anahelm Clty Planning Commisalon does hereby tind and cJetermine that adoptlon of this Resolution is expreasly prAdlcated upon appilc~nt's compliance wkh each and all of the conditt~ns herelnabove set fo-th, Should any sucN conditions, or any part thereof, be dectared invalid or unenforceable by the finat judgment ot any court of competent Jurlsdictlan, then this Resolution, and any appravals hereln contalned, shell be deemed nuli and vald. NOW, THEREFORE, BE IT FURTHER RESOLVHD, that thla resolutlon shall not cons!itute a rezoning of, or R commltment by the City to rezone, the subject properry; dny such rezoning shall requlre An ordinance of the City Councll which shall be a Ieglslativ9 act whlch may be app~ oved or denied by tl~e City Council at its sole dfscretfon. THE FOREGOING RESOLUTION was adoptad at the Planning Commisslon meeting of Octobor 18, 199~. C I MA , A A EI CITY P ING COMMISSION ATTEST: <' ~ S~CR AR ANAHEIM CITY PLANNING COMMISSION STA7E OF CALIFOHNIA ) COUNTY OF ORAN3E )ss. CITY OF ANAHEIM ) I, Marg~rka Solorlo, Secretary o- ihe Anahelm Clry Planning Commiqalon, d~ heroby certi'ry that the iaregofng resolutlon was passad and adopted at a mesting of the Anet~alm Ciry Planninp Commisalon held on October 18, 1993, by the tollowing voto of the membors thereol: AYES: COMMISStONERS: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERA7A NOES: COMMISSIONERS: NONE A65ENT: COMMISSIONERS: TAIT IN WITNESS WHEREOF, I heve hereuntn set my hand this ~ day of ~ I ~ L , 19J3. SECR A, ANA EIM CITY PI.NNNINQ COMMISSI N r r~~~ i .~- acss-~ ~a