PC 81-90RESOLUTION NO. PC81 -90
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 80 -81 -30 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from ROBERT MARVIN LAW, 914 West Lincoln Avenue,
Anaheim, California 92805, owner, and ERIC F. MOSSMAM, 218 5th Street, Huntington
Beach, California 92648, agent of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
Parcel 4, Parcel Map 109/12 as shown on a map filed in Book 109,
at Page 12 of Parcel Maps, records of Orange County.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 20, 1981, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and to 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
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 the CO (Commercial, Office and
Professional)Zone.
2. That the Anaheim General Plan designates subject property for general
commercial land uses.
3. That the proposed reclassification of subject property is necessary
and /or desirable for 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 uses locally established in close proximity
to subject property and to the zones and their permitted uses generally established
throughout the community.
5. 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.
6. That 3 persons 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 the CO (Commercial, Office and Professional) Zone
PC81 -90
to construct a medical and professional office building on an irregularly- shaped
parcel of land consisting of approximately 2.7 acres, having a frontage of
approximately 330 feet on the east side of Beach Boulevard, and being located
approximately 665 feet north of the centerline of Orange Avenue (409 South Beach
Boulevard);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 general commercial 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 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 CO (COMMERCIAL, OFFICE AND PROFESSIONAL) 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 all engineering requirements of the City of Anaheim along Beach
Boulevard 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 specifications on file in the Office of the
City Engineer; that street lighting facilities along Beach Boulevard 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.
2. 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 Beach Boulevard.
3. That a modified cul -de -sac shall be provided at the terminus of Academy
Avenue subject to the approval of the City Engineer.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
5. 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.
6. That subject property shall be served by underground utilities.
7. That a 6 -foot high masonry wall shall be constructed along the east,
west and south property lines.
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PC81 -90
8. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
9. 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.
10. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the issuance
of a building permit.
11. 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.
12. That any parking area lighting shall be down - lighting with a maximum
height of 12 feet, which lighting shall be directed away from the east property line
to protect the residential integrity of the area.
13. Prior
Condition Nos. 1 and
rights granted by
Planning Commission
date hereof, or such
14. That Condition Nos. 3, 4, 6, 7, 8, 11, and 12, above - menttoned, 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 adoption of 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 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 20th day of
April, 1981.
ATTEST:
SECRETARY, ANAHEIM IT / NNING COMMISSION
to the introduction of an ordinance rezoning subject property,
2, above - mentioned, shall be completed. The provisions or
this resolution shall become null and void by action of the
unless said conditions are complied with within one year from the
further time as the Planning Commission may grant.
/wLeer
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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PC8 -90
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 April 20, 1981, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of April,
SECRETARY, ANAHEIM - CITY CITY PLANNING
HEI COMMISSION
- PC81 -90