Resolution-PC 2000-74.
RESOLUTION NO. PC2000-74
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A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 99-00-10 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARC~L A:
THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A SPIKE ON THE CENTERLINE OF LEMON STREET, NORTH
0° 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER, RECORDED
APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE BEING THE
NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON A MAP FILED
IN BOOK 14, PAGE 1 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 37' 00" EAST
42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2; THENCE
SOUTH 2° 55' 41" EAST 114.96 FEET TO A POINT EASTERLY 48.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
4° 57' 26" EAST 125.40 FEET 70 A POINT EASTERLY 58.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
35° 55" 16" EAST 43.01 FEET TO A POINT EASTERLY 83.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE NORTH
89° 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID
CENTERLINE; THENCE SOUTH 0° 23' 00" EAST 136.00 FEET PARALLEL
WITH SAID CENTERLINE; THENCE SOUTH 28° 18' 48" EAST 111.85 FEET
TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE ALONG
THE SOUTHERLY AND EASTERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO BETDINE PROPERTIES INCORPORATED, RECORDED AUGUST 2,
1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS, SOUTH 80° 13' S9"
EAST 381.56 FEET, SOUTH 8:3° 20' 03" EAST 263.53 FEET; SOUTH 84° 35'
12" EAST 96.26 FEET AND NORTH 0° 24' S6" EAST 109.42 FEET TO THE
CENTER OF SAID SECTION; 7HENCE NORTH 0° 25' 30" WEST 922.94 FEET
ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE
NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER BEING
SOUTH 0° 25' 30" EAST, 905.~0 FEET FROM A LEAD AND TACK IN THE
PAVEMENT ON THE CENTERLINE OF ORANGETHORPE AVENUE, AND ON
A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND A 3-INCH IRON
PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF SAID LAND OF
MEISER; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF
MEISER SOUTH 89° 42' 40" VIIEST 962.66 FEET, SOUTH 0' 25' 30" EAST 8.00
FEET AND SOUTH 89° 42' 40" WEST 366.90 FEET TO THE
NORTHWESTERLY CORNER OF SAID LAND OF MEISER, SAID
NORTHWESTERLY CORNER BEING SOUTH 0° 23' 00" EAST 913.00 FEET
FROM A BOLT ON SAID CEN7ERLINE OF ORANGETHORPE AVENUE,
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WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23' 00"
EAST 407.58 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND WESTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID POINT IVORTH 0° 23' 00" WEST 509.55 FEET FROM
SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24' 00" EAST 65.16
FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY AND EASTERLY LINES OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK
3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH 89° 36' 00° EAST 50.00
FEET; THENCE SOUTH 2° 08' 42" EAST 180.18 FEET AND SOUTH 8° 28' 50"
EAST 161.94 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND OF
THE STATE.
ALSO EXCEPT A WATER WE!LL AND APPURTENANCES LOCATED ON SAID
LAND, SAID WELL BEING W~ST 474.80 FEET AND NORTH 34.00 FEET
FROM THE CENTER OF SAID SECTION.
PARCEL B:
THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF
FRACTIONAL SECTION 3, THOWNSHIP 4 SOUTH, RANGE 10 WEST, WITHIN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONVEYED TO HENRY G.
MEISER BY DEED RECORDED IN BOOK 636, PAGE 354, OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 4 OF THE
HIGHWAY RIGHT OF WAY RELINQUISHED (REL-254) TO THE CITY OF
ANAHEIM BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION,
A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED NOVEMBER
30, 1965 IN BOOK 7756, PAGE 472 OF OFFICIAL RECORDS, IN SAID
OFFICE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
PARCEL 4 DESCRIBED THEREIN AS NORTH 1° 36' 48" EAST, 141.69 FEET
TO THE NORTHERLY TERMINUS OF SAID COURSE SO DESCRIBED;
THENCE SOUTH 89° 36' 00" EAST, 322.00 FEET; THENCE SOUTH 40° 56' 24"
EAST, 33.03 FEET; THENCE SOUTH 7° 43' 07" WEST, 90.40 FEET; THENCE
SOUTH 58° 28' 27" WEST, 75.96 FEET TO THE SOUTHERLY LINE OF SAID
LAND OF MEISER; THENCE NORTH 86° 51' 29" WEST, 271.14 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the City Planniing Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 5, 2000, 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
findings and recommendations in connection therewith; and that the hearing was continued from the
meetings of December 20, 1999, January 19, January 31, February 14, April 10, and May 8, 2000; and
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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:
1. That the petitioner proposes reclassification of subject property from the ML (Limited
Industrial) Zone to the CL (Commercial, Limited) Zone.
2. That the Anaheim General Plan designates subject property for General Industrial land
use designation.
3. That the Planning Commission has adopted Resolution No. PC2000-73 recommending to
the City Council adopton of General Plan Amendment No. 370 pertaining to the land use element, which
would redesignate subject property for the General Industrial designation to the General Commercial
designation.
4. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject property does properly relate to the zones
and their permitted uses locally established! in close proximity to subject property and to the zones and
their permitted uses generally established throughout the community.
6. That the proposed reclassification of subject property requires the dedication and
improvement of abutting streets and alleys in accordance with the Circulation Element of the General
Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use.
7. That two (2) people indicated their presence at said public hearing with concerns; and
that correspondence was received with concerns to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the ML (Limited
Industrial) Zone to the CL (Commercial, Limited) Zone on an irregularly-shaped 26.34-acre property
located at the southeast corner of Lemon Street and Durst Street with frontages of 850 feet on the east
side of Lemon Street and 1,280 feet on the south side of Durst Street (1500 North Lemon Street); and
does hereby determine that the EIR No. 323 has been presented to the Planning Commission and the
Commission has reviewed and considered ~the information contained in the EIR; and reviewing the
evidence presented, both written and oral, the Planning Commission does hereby recommend that City
Council certify EIR No. 323 based on the following findings:
(a) That the EIR reflects the independent judgement and analysis of the lead agency;
(b) That EIR No. 323 was prepared in compliance with the State of California
Environmental Quality Act and State and City CEQA Guidelines;
(c) That with approval of the projecYs General Plan Amendment, the project is
consistent with the intent of the Anaheim General Plan and will be compatible with
surrounding land uses;
(d) That Section 15091 of the State CEQA Guidelines requires that one or more
findings be made for each significant environmental effect identified. The Planning
Commission adopted the Statement of Findings and Facts set forth in Attachment
A of the staff report to the Planning Commission dated June 5, 2000.
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(e) That The Planning Commission further determines that the benefits of the project
outweigh the unavoidable adverse environmental impacts and, therefore, in
accordance with the provisions of Section 15093 of the State CEQA Guidelines,
adopts a Statement of Overriding Considerations which is set forth in Attachment A
of the staff report to the Planning Commission;
(~ That Section 21081.6 of the Public Resources Code requires that when a public
agency is making findings required by Section 21081(a) of said Code, the agency
shall adopt a reporting and monitoring program for the changes made in order to
mitigate or avoid significant effects on the environment. The Planning Commission
finds that the mitigatibn measures identified in DEIR No. 323 have been
incorporated into Mitigation Monitoring Plan No. 113 provided as Attachment "B" of
the staff report to the Planning Commission dated June 5, 2000, in compliance with
the requirements of $ection 21081.6 of the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described property from ML (Limited Industrial)
Zone and to incorporate said described property into the CL (Commercial, Limited) Zone upon the
following 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:
That street improvement plans shall'be submitted to the Public Works Department, Development
Services Division, and a bond shall be posted to guarantee that Durst Street shall be widened in
accordance with the Circulation Element of the General Plan and as approved by the City
Engineer.
2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement twenty (20) feet in width from the center line of the water service mains for operation
and maintenance purposes and/or an easement for large meters or fire lines installation.
3. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement as determined to be necessary when the electrical design is completed.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement thirty two (32) feet in width from the centerline of Durst Street for street widening
purposes.
5. That approval of this Reclassification No. 99-00-10 is granted subject to the approval of General
Plan Amendment No. 370, now pending.
6. That the petitioner shall submit a letter requesting termination of Conditional Use Permit No. 3994
(to establish an outdoor swapmeet marketplace with waivers of minimum parking lot landscaping
and permitted encroachments into setback areas) to the Zoning Division.
7. That prior to introduction of an ordinance rezoning the subject property, Condition Nos. 1, 2, 3, 4,
5, and 6, above-mentioned, shall be complied with.
8. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLV~ED 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 conditions, 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.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of
the City Council which shall be a legislative act which may be approved or denied by the City Council at
its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 5, 2000.
-~,li~tJ ~ G%IG2~
C AIRP RSON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
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SECR ARY AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arnd adopted at a meeting of the Anaheim City Planning
Commission held on J~une 5, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~'~ day of
, 2000.
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SECRETi4R1f ~(f~(AHEIM CITY PLANNING COMMISSION
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