PC 80-2RESOLUTION NO. PC80-2
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 79 -80 -19 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from CHAPMAN ORANGETHORPE. ASSOCIATES, c/o Frank Trani,
459 West Seventh Street, San Pedro, California 90731, owner, and RONALD BURT,
ASHWILL -BURKE CO., 171 South Santa Anita Drive #100, Orange, California 92668, agent,
of certain real property situated in the City of Anaheim, County of Orange, State of
California, described as follows:
Parcel B - Beginning at a point in that certain course described
as North 90 12' 05" West, 417.58 feet in Director's Deed DD
019093 -01 -01 recorded March 23, 1976 in Book 11680, Page 1228 of
Official Records, records of said County, distant thereon North 10
02' 16" West, 9.56 feet from the Southerly terminus of said
described course; thence North 87° 27' 10" East, 128.53 feet;
thence North 54° 00' 19" East, 74.73 feet; thence North 0 59' 54"
East, 85.59 feet to the beginning of a curve concave Westerly and
having a radius of 1927.00 feet; thence Northerly along said curve
through a central angle of 3 19' 03" an arc distance of 111.58
feet; thence South 88° 08' 05" West, 231.54 feet to the Easterly
line of said Director's Deed DD 019093-01 -01; Thence along said
Easterly line South 10° 02' 16" East 242.94 feet to the point of
beginning. Containing 1.132 acres more or less.
Parcel D - Beginning at the Southerly terminus of that certain
course described as North 9 12' 05" West, 417.58 feet in the
Easterly line of Director's Deed OD 019093 -01 -01 recorded March
23, 1976 in Book 11680, Page 1228 of Official Records, records of
said County; thence along said Easterly line North 10° 02'16"
West, 252.50 feet; thence South 88° 08' 05" West, 98.01 feet to a
point in a line parallel with and 60.00 feet Easterly of said
Westerly line of Director's Deed DD 019093-01 -01; thence along
said parallel line South 4° 54' 27" West, 250.00 feet to the
Northerly line of the land of the highway right-of -way
relinquished to the County of Orange (REL -20) by resolution of the
California Highway Commission, a certified copy of which
resolution is recorded September 10, 1963 in Book 6709, Page 755
of said Official Records being a point on a non- tangent curve
concave Northerly having a radius of 950.00 feet and to which
point a radial line of said curve bears South 1 32' 45" West;
thence Easterly along said Northerly line and said curve through a
central angle of 3° 24' 40" an arc distance of 56.56 feet; thence
North 88° 08' 05" East, 106.86 feet to the point of beginning.
Containing 0.750 acre more or less.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on December 17, 1979, 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
PC80 -2
evidence for and against said proposed reclassification and to investigate and make
findings and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of January 14, 1980; 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:
1. That the petitioner proposes reclassification of subject property from
the RS- A- 43,000 (Residential /Agricultural) Zone to CL (Commercial, Limited) Zone.
2. That the Anaheim General Plan designates properties at the intersection
of Orangethorpe Avenue and Imperial Highway for medium density residential and
general commercial land uses.
3. That the proposed reclassification of subject property is hereby
granted subject to the condition that prior to introduction of an ordinance rezoning
subject property, a property exchange agreement shall be entered into between the
City of Anaheim and the petitioner conveying to the petitioner the parcel being
rezoned.
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 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 no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS -A- 43,000
(Residential, Agricultural) Zone to CL (Commercial, Limited) Zone in order to
construct a commercial shopping center with waiver of maximum structural height on an
irregularly- shaped parcel of land consisting of approximately 1.38 acres located at
the northwest corner of Orangethorpe Avenue and Imperial Highway and having frontages
of approximately 292 feet on the north side of Orangethorpe Avenue and 197 feet on
the west side of Imperial Highway; and does hereby approve the Negative Declaration
from the requirement to prepare an environmental impact report on the basis that
there would be no significant individual or cumulative adverse environmental impact
due to the approval of this Negative Declaration since the Anaheim General Plan
designates the subject property for medium density residential land uses commensurate
with the proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that the
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Negative Declaration substantiating the foregoing findings is on file in the City of
Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for 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) 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:
1. That the owner(s) of subject property shall deed to the City of Anaheim
a strip of land 73 feet in width, or such width as may otherwise be required by the
City Engineer, from the centerline of the street along Orangethorpe Avenue for
street widening purposes.
2. That all engineering requirements of the City of Anaheim along
Orangethorpe Avenue including preparation of improvement plans and installation of
all improvements such as curbs and gutters, sidewalks, street grading and paving,
drainage facilities or other appurtenant work, shall be complied with as required by
the City Engineer and in accordance with standard plans and specifications on file in
the Office of the City Engineer; that street lighting facilities along Orangethorpe
Avenue shall be installed as required by the Office of Utilities General Manager,
and in accordance with specifications on file in the Office of Utilities General
Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim shall be posted with the City to
guarantee the installation of the above - mentioned requirements prior to occupancy.
3. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along Orangethorpe Avenue.
4. That the vehicular access rights, except at approved street openings
shall be dedicated to the City of Anaheim.
5. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
6. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
7. That subject property shall be served by underground utilities.
8. That prior to introduction of an ordinance rezoning subject property, a
property exchange agreement shall be entered into by the City of Anaheim and the
petitioner, conveying to the petitioner the parcel being rezoned.
9. That a bond in an amount and form satisfactory to the City of Anaheim
shall be posted with the City to guarantee the installation of a 6 -foot high masonry
wall along the north property line at the time this property is developed.
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10. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
11. In the event that subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map, to record the approved division of subject
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
12. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for commercial buildings prior to the issuance of a building permit.
13. That the proposed shopping center shall comply with all signing
requirements of the CL (Commercial, General)Zoning.
14. That all roof - mounted equipment shall be fully view screened by a
parapet wall or by other architectural means from all adjoining properties and
adjacent streets, highways and freeways.
15. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 4.
16. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 1, 2, 3, 4, 8 and 9, above - mentioned, shall be completed. The
provisions or 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 hereof, or such further time as the Planning Commission may grant.
17. That Condition Nos. 5, 7, 10, 14, and 15, above- mentioned, shall be
complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition 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.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of
January, 1980.
ATTEST:
Atta
ACTIPG CHAIRM'N
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on January 14, 1980, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COPUIISSIONERS: DAVID, HERBST, ICING
NOES: COMMISSIONERS: FRY, TOLAR
ABSENT: COMMISSIONERS: BARNES, BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, 1980.
ettlei .. � .
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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