PC 83-78; --,
''~ RE_ SpL~TION NO. PC83-7g
;~,
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION L~'OR RECLASSIFICATION N0. 82-83-30 BE GRANTED
WHEFtEAS, the AnaFeim C'
petition for Reclassification lty Planning Commission
: Stanton from J. HAROLD & did r.eceive a veri£ied
. California 90680, owners MARION A. SMITH, p, o,
,j Anaheim, California 9Zgpq ~ and ROY ALBERODII Box 6g,
of Anaheim ~ a9ent of certain r.eal ' 3440 West Ball Road,
, County of Orange, Sta~e of California pr~perty situated in the City
, described as follows:
~ THAT PORTION OF THE WEgm
WE~r HALF OF THE SOUTHCAST52'5 FEET OF THE EAST HALF OF THE
OF SECTSON 14, TOWNSHIP 4 SOU H~TER OF THE SOUTHWEST
COYOTES IN THE CITY QUARTER
OF ANAHEIM ASR SAID SE TION O S S OWN SON OA
MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTX RECORDER OF SAID COUNTX,
SOUTHERL~ OF THE SOUTHERLY LINE OF LOTS 23
Z839 AS PER MkP RECORDED IN BOOK g5 p LYjNG
AND 24 OF TRAC;
OF MISCELLANEOUS (qppg ~ AGES 9 TO 15 INrL"USIVE
OF SAID COUNTY. ' IN THE OPFICE OF i'HE COUNT't RECORDER
WHEREAS, the City Plannin Commissiun did
the Civic Center in the City of Anaheim on A hold a
of said public hearing havin b Pril 18 Public hearing at
accordance w• 9 een dul ' 1983 at 1:30 p,m,, notice
ith the ptovisions og y 9iven as required by law and
to hear and consider evidence the Anaheim Municipal Code, in
and to investigate and fOr and against said Chapter 18.03,
therewith; and %~ake findin s PrOPosed reclassification
9 and recommendations in connection
WHEREAS, said Commission, after due inspection
study made by itself and in its behalf, and after
evidence . investigation and
and reports offered at sai.d hearin due consideration of al.t
following facts: 9, does find and
determine the
1• That the petitioner proposes reclassification
property from RS-A-43,000 (xesidential, Single-Family) Zone to
(COmmercial, Limited) Zone. °f Sub]ect
the CL
2• That the Anaheim General Plan g ~
low-density re~idential land uses desi nates sub'ect
the area across Ball Road ~ and commercial ProPerty for
to the south. Professional land uses for
3• That the proposed reclassification of sub' ~~
necessary and/or desirable for the orderly and
community, Ject property is ~
proper development of the ~ '.
4• That the F
properly relate Proposed reclassification of ~
to the zones and their S~bJect property does '
close proximity to subject Aermitted uses locally established in
generally established througho tet 2 communitye Zones and their ~
permitted uses
5• That the
the improvement og prOposed reclassification of sub'
abutting ~treets in accordance with thect prOPerty requires
Circulation Element
of the General Pl~n, due to the anticipated increase in traffic which will b
generated by the intensifical•ion of iand use.
e
#0584I ,
PC83-78
6. That one person indicated his pre~ence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMEtdTAL IMPACT FINDING: Tr~at the Anaheim Citi Planning
Commission has reviewed the proposal to reclassify subject property from the
RS-A-43,000 (Residential, Single-Family) Zone to the CL (Commercial, Limited)
Zone to construct a commercial building with waiver of maximum structural
heiqht on a rectangularly-shaped parcel of land consisting of approximately
0.40 acre, having a frontage of approximately 152 feet on the north side of
Ball Road, and further described as 3311 West Ball Road; 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
indiv:dual or cumulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject property for low-density residential land uses commensurate w~th 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 cumulati•re adverse environmental impacts; and that
the Negative ~eclaration substantiating the foreqoing findings is on file in
the City of An~:heim Planning Department.
NOW, THEREFORE, BE IT RESOLVEU 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 RS-A-93,OU0 (Residential,
Single-Family) Zone and to incorporate said property into the CL (Commercial,
Limited) Zone upon the folloe~ing 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 of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Ball Road in an amount as
determined by the City Council.
2. That sidewalks shall be installed along Ball Road as required by the
City Engineec and in accordance •aith standard plans ar.d
specifications on file in the Office of the City Engineer.
3. That street lighting facilities along Ball Road shall be installed as
tequired by the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager,
and that security in the form oi 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
satisfactory completion of the above-mentioned improvements. Said
security shall be posted with the City of Anaheim prior to issuance
of building permits. The above-required improvements shall be
installed prior to building occupancy.
4. That drair.age of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That prior to issuance of a building permit, the appropriate traf.fic
signal assessment fee shall b~ paid to the City of Anaheim in an
amount as determined by tl~e City Council for new commercial
buildings.
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6• That trash storage aceas ~hall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
7• That prior tu issuance of a building permit, appropriate water
assessment fees shall be paid to the City of Anaheim, in an amount
as determined by rhe Office of the Ut±lities General Manager.
$. That prior to issuance of a building pErmit, the design of the
driveway approach shall be submitted to the the City Traffic
Engineer for review and approval.
9. That completion of these r.eclassification proceedings is contingent
upon the granting of Variance No. 3327.
10. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2; pcovided, however that:
(a) Any proposed parking area lighting fixtures shall be
down-lighted with a maximum heiyht of 12 feet (said lighting
Eixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area; and
(b) An eight (8) foot high concrete block wall, as measured from
the highest finished adjacent grade, shall be constructed along
the northerly property line.
11. That prior to the introduction of an ordinance rezoning subject
property, Condition No. 1, 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 of this resolution,
or such further time as the Planning Commission may grant.
12. That prior to issuance of a building permit, Condition No. 3,
above-mentioned shall be complied with.
13. That prior to final building and zoning inspections, Condition Nos.
2, 4, 6 and 10, above-mentioned, shall be complied with.
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.
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THE iOREGOING RESOLUTION is signed and 3pproved by me this 18th day
of April, 15a3.
~
i~
, ~il L~ `J/.;:-~.~"`/--
~••n2Rb7AN, ANAHEIM CITY P NING COMMISSION
ATTEST:
""~L~~ ! ~d.da~i
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, da hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 18,
1983, by the followin9 vote of the members thereof:
AYE~: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY,
NOES: COMMISSIONERS: NONE
ABSEATT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOF, I Have hereunto set my hand this lBth day of
April 18, 1983.
//J ~_C_.._T-~ iC - '~lej '
SECRETARY, ANAHEIM CZTY PLANNING COMMISSION
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PC83-78