PC 85-98RESOLUTION N0. PC85-98
A RESOLUTION OF THE ANAHElM CITY PLANNING COPIMISSZqN
THAT PE;ITION FUR RECLASSIFICATIOt] NG. 84-85-29 IIE GRANTED
WHBREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification Prom NURBERT A. WATERS AND RUTH M. WATERS, 12132
t~torrie Lane, Gacden Grave, California 92640, owners of certain real proper*_y
situated in the City of Anaheim, County of Orange, State oE California,
described as follows:
7.'HAT pOkTION OF THE SOUTHWE:ST QUARTER OF THE SOU~'riEAST
QUARTER OF SEt;TION .13~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON llE SANTA ANA, AS SHOhN ON A MAP
RECORDED IN F300K 51~ PAGE 10 OF MISCEI.LANEOUS MAPS, RECORDS
OF ORANGE COUNTY~ CALIFORNIA~ DESCRIB6D AS FOLLOWS:
BEGINNTNG AT THE EASTERLY TERDIINUS UF THAT COUR.SE DESCRIBED
"NORTH 89° 02' 32" WEST 1%5.00 FEET IN 'lHE BOUNDARY OF PARCEL
3 OF THAT CERTRIN FINAL ORDER OF CONDEMNATION~ SUP°RIOR COURT
CASE N0. 114537, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE
3, 1964 iN BC~OK 7073~ PAGE 214 OF OFFZCIAL RECORDS OF SAID
ORANGE COUNiY; THENCE ALONG THE EASTERLY PROLONGATION OF SAID
COURSE SOUT~1 89° 02' 32" EAST 318.48 FEET TO A NON-TANGENT
CURVE CONCAVE EASTERLY AND EiAVING A RADIUS OF 300.00 FEET;
THGNCE NORTHERLY ALUNG SAID CURVf:, FROM A TANGENT WHICH BEARS
NORTfi 0° 57' 28" EAST THRGUGH A CENTRAL At]GLE OF 40° 56' 43"
AN ARC LENGTH OF ?.14.39 FEET TO A POINT IN THAT COURSE
DESCRIBE~ AS "SOUTH 52° 13' 12' WEST 24.19 FEET' IN THE
BOUNDARY OF SAID PARCEL 3~ DISTANT TNEREON NORTH 52° 13' 12'
EAST 2.55 FEET FROM ITS SOOTHWESTERLY TERMINUS; THENCE ALONG
LAST SAID BOUNDAkY THE FOLLOWING COURSES: SOUTH 52° 13' 12"
WEST 2.55 FEET~ SOUTH 53° 20' 07' WEST 258.88 FEET AND SOUTH
79° 38' S3' WEST 188.66 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planninq Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 1, 1985 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 Eindings and recommendacions in connection
thetewith; and
WfiEREAS, said Comm?ssion, 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 zhe
Eollowing facts:
1. That the petitionec proposes reclassification of subject
property from the RS-A-43,000 (Residential, Agricultural) to the CL
(COnunercial, Limited) or a less intense zone.
~. That the Anaheim General Plan designates subject property for
general commercial land uses.
~0497r PCBS-98
3. That the proposed reclassification of subject property is
necessary and/or desirable foc 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 u~es locally established in
close proximity to subject pcoperty and to the zones and their permitted uses
generally established thcoughout the community.
5. :ha~ the proposed reclassification of. su~ject property requires
the improvement of abutting streets in accordance with the Circulation Element
of the General Plan, due to the anticipated incr.ea~e in traffic which will be
generated by the intensification of land use.
6. That no one indicated their pre~ence at said public he~aring in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IPiFACT ~lNDING: That the Anaheim City Planning
Commission has reviewed the pcoposal to reclassify subject property from
RS-A-43,U00 (Residential, Agricuitural) to the CL (Commercial, Limited) or a
less intense zone on an irregularly-shaped parcel of land consisting of
approximately 0.46 acre, having a frontage of approximately 320 feet on the
north side of eall Road, and fu~ther ~escribed as 2523-25 East Ball Road; and
does hereby approve the Negative Declaratior. upon fin~ing that it has
consideced the Negative Declaration together with any comments received during
the public review process and fur.ther finding on the basis of the initial
study and any comments received that there is no suhstantial evidence that the
project will have a significant effect on the environment.
tdOW, THEREFORE, BE IT RESULVED that the Anaheim City Planning
Commissiun does hereby grant subject Petition for Reclassification and, by so
doiny, thar. T:tle i8-7.oning of th~ Anaheim Municipal Code be amen~ed to
exclude the above-desccibed property from the RS-A-43,000 (Residential,
Agcicultural) Zone and to incorpocate said described property into the CL
(Commercial, Limited) Zone upon the iollowing conditions which are hereby
found to be a necessacy orereauiGite to the oroposed use of su~ject propezty
in order to preserve the safety and general wel£are of the Citizens of the
City of Anaheim:
1. Tfiat primary water main fees shall be paid to the City of Anaheim,
in an amount as determined by the OfEice of the Utilities General
Manager.
2. That the owner of subject property shall pay to the City oE Anaheim
a fee for tree planting purposes a2ong Ba12 Road in an amount as
detPrmined by the City Council.
3. That prior to adoption of the ordinance rezoning subject property,
stceet lighting facilities along IIall Road shall be installed as
required by the Utilities General Ftanager ir, accordance with
specifications on file in the Office ot the Uhilities General
Manager.
-Z-
PC65-98
~'' --
4• That the vehicular access riyht•s L•o Ball Road except at a~,proved
access points, shall be dedicated to the City of Anaheim.
5. That the owner(s) of subjn~t property shall record a covenant
guaranteeing reciprocal parking and access rights between subject
~roperty and property immediately west of subject property. Said
covenant sh~:: be reviewed and appruved by the City Attorney's
Office. A copy of the recorded covenant shall then be submitted to
the Planning Departm~nt.
b. That prior to the introduction of an ordinance rezoning subject
pcoperty, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be
completed. The provisions oc 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 ~uch further time as the Planning
Commission may grant.
~~ IT EURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance w;th each and all of the condit?ons
hereinab~ve set forth. Should any such c~ndition, or any part thereof, be
declared in~.,~lid oc unenforceable by the final judgment of any court of
compel-enk jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FORECUING RESGLU'P1UN is signed and apprpy d b
of April, 1985. ~ R Y.me this 15th day
. ~ ,1~
\_ _~ ':/ ~ ~
.~--~f- ~<~ ~
ATTEST: CHAIRMAN,LHr7AHE~IM CI:Y P ANNING COMMISSZOtv
n ~ ~C ~.I i(,i~-
SECI.ETARY~ ANAHEIP~ CITY PLANNING COMMISSiON
STATE OF CALIFQnN?n )
COUNTY OF ORANGE ) ~S,
CITY OF ANANEIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby cectify that- the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 15,
1985, by the following vote of Lne members thereof:
AYES: COt4b1ISSI0NERS: BOUAS, BUSHORE~ FRY, KING, LA CLAIRE, MC BURNEY
NOES: COMMISSIONERS: HERBST
ABSENT: COMMISSIONERS: NONE
IN WITNESS WFiEREOF, I have hereunto set my hand this 15th day of ~
April, 1985.
~~~ ~ _ 1
SECRETARY~ ANANEIM CZTY FLANNING COMMISSION ~
~
i
-3-
?C85-98 +