PC 85-22RESOLUT:ON Nt.i. PC85-22
A RESOLUTZON OP THG ANAHEIt~i CITY PLANNI~G COMMISSION
THAT PETITIVN FOR RECLASSIFICA.7ION N0. $4-85-4 BE GRAD14'ED
WHEREAS, the Anaheim Cit~• Planning Commission did receive a verif.ied
petition fot Reclassification from CH~STG12 PETERSON AND BEVERLY ANN COMPTON,
327 North Shattuck Place, Orange, CA 92666, owners of certain real property
situated in the City of Anaheim, County of Orange, State of Califurnia,
described as follows:
PARCEL 2 AS SHOWN ON A h1AP FSLED IN FiCOK 84 PAGES 5 THRGUGH 8
OF PARCEL MAPS IN THE OFFICE OF THE C.'OJNTY RECORllER OF SAID
COUNTY.
WEiEREAS, the City Planning Commission did hold a public hearing at
the Civic Centez in the City of Anaheim on December i0, 1984 at 1:30 p.m.,
notice of said public hearing having been duly given as requi~ed by law and in
accordance with the provisions of the Anaheim htunicipal Cede. Chapter 18.03,
to :~ear and consider evidence for and against said p~oposed reclassification
and to investigate and make findings and recommendations in connection
therewith; said public hearing havinq been continued to tt~e Planning
Commission meeting of January 21, 1985; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in it•s behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine ~he
following facts:
1. That the petitioner proposes reclassification of subject
property Erom the RS-A-43,000(S~) (Residential, Agricultural(Scenic Corridor
Overlay)) zone to the CL(SC) (Comm^:cial, Limited-Scenic Corridor O~~erlay)
Zone.
2. That the Anaheim General Plan designates cubject property for
genera.L coimnercial land uses.
3. That the proposed reclassification of subject preperty is
necessary and/or decirable for the orderly and proper development of the
community.
4. That the proposeo re.ciassification of subject property does
properly relate to the zones and tt~eir permitted uses locally estabJished in
close proxi.miky to subject proper;:y and to the zones and their permitted uses
generally established t:~roughoilt the community.
5. That the proposed reclassification of subject property cequires
the improvement of abutting streets in accurdance with the Circulation Element
of the General Plan, due to the anticipated increase in traffic which will be
qenerated b~~ the intensification of land use.
6. That no one indiczted their presence at the January 21, 1985
public hearing in opposition; two (2) persons indicated their presence at the
November 14, 1984 and December 10, 1984 meetings and that no correspondence
was recei•~ed in opposition to subject petition.
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ENVIRONb1ENTAL IbIPRCT FINDING: That the Anaheim City Pl.anning
Commission has ceviewed the proposal to reclassif.y subject property from the
RS-A-43,000(SC) (Residential, Agricultural)(Scenic Corridor Overlay)) Zcn? to
the CL(SC) (Commercial, Limited-Scenic Corri~or Overlay) Zone to permit a
multi-screen indoor theater arid a semi-enclosed r~staurant with on-sale beer
and wine, and with waivers uf minimum number of parking spaces and minimum
structural setback on an irregularly-shaped parcel of land consisting og
approximately 4.6 acres located north and west of the northwest corner of La
Palma Avenue ~nd Imperial Highway; and does hereby appr.ove the Negative
Declar.atio~ upon finding that it has ccnsidered the Negative Declaration
togethec with any comrients received during the public review process and
furcher finding on the baeis of tl~e initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning
Cemmission does hereby grant subject Petition for Reclassification and, by so
do.ing, that Title 18-7.oning of the Anaheim piunicipal Code bn amended to
exclude the above-described property Erom the :eS-A-43,000(SC) (Residential,
Ay:icultural(Scenic Corridor Overlay)) Zone and to ;ncorporate said descrited
property into the CL(SC) (Commercial, Limited (SCenic Corridor Overlay)) Zone
upon tf,e following conditions whicii are hereby found to be a necessary
prereguisite to che proposed use of subje~t property in order to preserve the
safet~~ and general welfare ot the Citizens of tt~e City of Anaheim:
1. That a reciprocal parking and vehicular access easement between
subject property, the savinys and loan facility tu the southeast of
subject property, a~id the lumber company to the southwest cf subject
PtoAer.ty shall be submikted to t'.ie Planning Department ar.d then be
trar.smitL•ed to the City Attorney's OEfice for r?view and approval.
The petitioner shall be responsible for filing and recordiny the
~'+pproved agreement in the Office of th? Orange Co~ncy Recorder.
:°roof of said recordation shall tY~en be furnished to the Ylanning
Department.
2. That prior to the introduction of an ordinance rezoning subject
oroperty, security in the £orm of a bond, certif.icake of deposit,
letter of credit, o: c~sl, in an amount and form satisfactory to the
City of Anaheim, shall be posted with the City to yuarantee the
satisfactory completion of the construction of a driveway in
Imperial Highway located northerly of the beginning of the south to
eastboand left tu:n lane, 350-foot long deceleration iane, and
median island modiEications on Imperial Highway and reconstruction
of the meclian island on La Palma Avenue prior to final building and
aoning i~spections.
3. That prior to issuance of a building permit, approval of improvement
plans for the proposed driveway and 350-Eoot lon9 deceleration lane
on Imperial Iiighway shall be acauired from Caltrans and the City of
Anaheim Engineering Division.
4. That prior to final building and zoning inspection~, the median
island ou La Falma Avenue betweeii Imperial Highway and Canyon
Corpor~te Center to the west shall be reconstructed to accommodate
lef~ turns to the satisfaction of the City Traffic Er.gineer.
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PC85-22
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5• That access to the pr~posed development frum imperial Highway shall
be limited to right turn ingress and righ~ turn egr~ss only,
6• That prior to the introduction of an ordinance rezoning subject
Aroperty, Condition Nos. 1 and 2, above-mentioned, shall be
comp~eted. 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, oc such further time as the Planning
Commission may grant,
B~ IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that a~option of this Resolution is expressly
~~ predicated upon applicant's compliance with each and all of the conditions
hereinabove set Eorth. Should an~ suc}~ condition
',: declared invalid or unenforceable b
Y the ~ oc any part thereof, be
competent jurisdiction, then this final judyment of an
cnntained, shall be deemed null and voldesolution, and a~ y court of
Y approvals herein
' THE FOREGOING RESOLUTION is siyned and a
ti of Januzry, 1985. pproved b
~ Y me this 21st day
~~/, ~ J/
CHAIRFIAN, Y~NAHEI CITY PLANNING
~ COMMISSIp~
ATTEST:
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~ `
SECRF.TAkY~ Ih~ ~I j,Y pLANNIt~G COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ~ SS~
CITY OF A!JAHEIM ~
~ r` ''~j~~~ L• Harris, Secretary of the Anaheim City
Commission, do hereby certify that the fore oin
adopted at a meetin of the 9 9 resolution was pa sed nand
9 Anaheim City planning Commission held on January
21, 19b5, by the Eollowing vole of the membera r.hereof:
AYES: COPIt9ISSI0NERS: BOUAS
MC BORNEY ~ BUSf10RE~ FRY, HERBST, KING, LA C~ATRG,
NOGS: COMh1ISS20NERS: i~10NE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I Have hereunto set my hand this 21st day og
January, 1985.
~~~ `~`~'~ '~/ '
SECRETARY~ ANAHEIM CITY PLpNNING COMMISSION
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PC85-22