PC 83-110~ ~
RESOLUTION N0. PC83-110
A RESOLUTION OF THE ANAHEIM CITY PLANNiNG COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 82-8~-33 BE GRANTED
WHEREAS, the Anaheim City Planning Commissioz~ did receive a v~rified
petition for Reclassification from L. C. SMULL, 17631 Fitch, Irvine,
California 92714, owners, and .~u.;EPH T, WALTHOUR, 17631 Fitch, Irvine,
California 92714, agent of certain real property situated in the City of
Anaheim, County cf Orange, State of California, descri.bed as follows:
PARCELS 1~ 2 AND 3~ AS SHOWN ON A MAP FILED IN BOOK 33~ PAGE
1 OF PARCEL MAPS, IN THE UEFICE OF THE COUNTY RECORBER OP
SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public heariiig at
the Civic Center in the City of Anaheim on June 13, 1983 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
the~ewith; and
WHEREAS, said Commission, after due inspection, investigation and
study r:ade 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. Tnat the petitioner proposes reclassification of subject
property ftom the (Industrial, Limited) Zone to the C-R
(Cammercial/Recreation) 'Lone.
2. That the Anaheim General Plan designates subject property for
Commercial/Recreation land uses.
3. That the proposed reclassification of subject pcoperty 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 no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the
ML (Industrial, Limited) Zone to the CR (Commercial/Recreation) Zone on an
irregularly-shaped parcel of land consisting of approximately 2.8 acres,
having a frontage of approximately 578 feet on the southeast side of Katella
Avenue, and furtt,er described as 2300 East Katella Avenue; and does hereby
approve the Negative Declaration from the requirement to prepare an
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environmental impact report on the basis that there would be no ~ignificant
indi.vidual or cumulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim Genecal Plan designates the
subject property for commercial/recreation 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
si9nificant individual or cumulative adverse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on f:le in
the City of Anaheim Planning Department.
NOW, TFiEREFORE, BE IT RESOLVED that the Anaheim City Planr~ing
Commission does hereby grant subject Petition for Reclassification ~nd, by so
doing, that Title 18-ZOning of the Anaheim Municipal Code be _r.ded to
excl~9e the above-described property Prom the ML (Industrial, Limited) Zone
and to incorporate said described propcrty into the CR
(Commercial/Recreation) Zone upon the following conditions which are heteby
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 orior to commencement of structur.al framing, fire hydrants shall
be installed and charged as required and determined to be necessary
by the Chief cf the Fire Department.
2. That prior to issuance of a buildin9 pernit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Coizncil for new commercial buildings.
3. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
4. That the owners of subject property shall record a covenant to grant
an access easement to the property ownec immediately to *_he east in
the event said easterly propecty is developed for some use other than
that presently existing. Said easement shall be designed in a manner
satisfactory to the City Traffic Engineer and said covenant shall be
in a form to be satisfactory to the City Attorney.
5. That prior to final building inspection, a pedestrian barrier along
the southern property line adjacent to the ATSP Railroad right-of-way
shall be constructed in a design which provides a pezmanent security
fence.
6. That the ~~wner(s) of subject pcoperty shall pay a proportionate
share, and ~,hall execute and record an agreement in a form appcoved
by the City Attorney's Office obligating the owner(s) to pay said
proportionate share, of the cost of certain off-site public
improvements and services pursuant to that certain assessment
district or benefit area to be hereinafter established by the City of
Anaheim, pursuant to the requirement of Development Agreement No.
83-01 between the City of Anaheim and Anaheim Stadium Associates.
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7. Thak subject property shall be de~eloped substantially in accordance
with plans and specifications on file with the C~~y of Anaheim narked
Exhibit Nos. 1 through 5, provided, howev~r, that a pedestrian
barrier, as required by Condition No. 5, aforementioned, shall also
be constructed.
8. That prior to the introduction of an ordinance rezoning subject
property, Cor.dition Nos. 4 and 6, above-mentioned, shall be
completed. The provisior,s or r.ight 9ranted 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, or such further time as the Planning Commission may yrant.
9. That prior to final building and zoning inspections, Condition Nos. 3
and 7, above-mentioned, shall be complied with.
BE IT FURTSEP. RESOLVED that the Anaheim City Planni~g 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 judgement of any court of
comQetent jurisdiction, then this Resolution, and any approvals herein
contained, shall be 6eemed null and void.
THE FOREGOING P.ESOLUTZUN is signed and approved by me this 13th day
of June, 1983. , ~'
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'CH ~RMAN, ANAHEIM CITY PLAN G COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PiAN[JING CON[•ISSSiON
STATE OF CALIEORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the ~naheim 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 June 13,
1983, by the following vote of the members thereof:
AYES: COMMISSIONEkS: BOUAS~ BUSHORE~ FRY, KING, LA CLAIRE, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS Wf?EREOF, I have hereunto set my hand this 13th day of
June, 1983. ~
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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