PC 78-162RESOLUTION N0. PL78-162
A RESOLUTIOt~ OF THE ANAHE~H CITY PLAFIN(NG COMMISSION
THAT PETITION FOR RECLASSiFICATION N0. 78-79-3 BE GRANTED.
WHEREAS~ the Anahelm City Planntng Conmission did receive a verified
petition for Reclassificatlon from SPIERS E, AND MARY C, WILSON, HERHAN H, fLUM AND
KEN~~ETN D. HItJSVARK,14205 Hatteras Street, Van Nuys, Californta 91411. owners of
certain real property situated in the City of Anaheim, County of Orange, State of
CaTifornla, described as:
Lots 50. 51 and 52 of Tract No. 2180, as shown on a Map recorded
i~ Book 62, paaes 31 and 32 of Miscellaneous ttaps, records of
Orange County, California.
4fHEREAS, the Lity Planning Lommission did hold a public hearing a[ the City
Hall in the City of Anaheim on July 17. 197d, at 1:30 R.m., nottce of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Lodc, Chapter 1$.03~ to hcar and consider
evidcnce for and against said proposed reclassiflcation and to investigate and make
findings and recommenda[tons in connection therewith; and
WHEREAS, said Com~ission, after due inspection, investigation and study made
by itself and in tts behalf, and after due conslderatton of all evidertce ana reports
offered at satJ hearlnq~ does ffnd and determine the following facts:
i, That the petitioner proposCS reclassification of subJect property from
the RS-7200 (Residential, Single-Family) to the CL (Commercial, Limited) Zone.
2. Thai aiihough the Anaheim General Plan destgnates subJect property for
general commercial land uses, nearby property to the eas[ across Walnut Street and to
[he south across Katella Avenue is developed rrith commercial uses.
3. Tha[ the proposed reclassification of suSJect property is necessary
and/or desirable for the orde~ly ard Qrope~ develoame~t of the commu~ity.
4. That the proposed reclassification of subJect property dces properly
relate to the zones and their permitted uses locally estabifshed fn close proximity
to subJect property and to the zones and thelr permitted uses generally established
throughout the comnunity.
$. That the proposed reclassificatton of sub)ect property requires the
dedication and improvement of abutting streets in accordance with the Circulation
Element of the General Plan, due to the anticipated lnc~ease in traffic which will be
~enerated by the intenstfication of land use.
6. Th~t 2 persons indicated thelr presence at said public hearing in
oppositlon; and that no correspondence was received in opposttion co the subject
petition,
ENVIRONHENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the su ect proposa to rec asslfy the zoning from RS-7200 (RESIDENTIAL,
SINGLE-FAMILY) to CL (CONMERCIAL. LIMITED) to construct a commercial convenience
store with waivers of maximum struci~ural height and minlmum landscaped area on a
rectangularly-shaped parcel of land consisting of approximately 0.6 acre located a[
PC78-162
the northwest corner of Katelta Avenue and Walnut Street, and having approximatc
frontages of 127 feet on the north s(de of Katella Avenue and 203 feet on the west
side of t~alnut Street; and does hereby approve the Negative Declaratlon from the
requlrement to prepare an environmental impact report on the basis [hat there would
be no significant indivtdual or cumulative adverse environmental lmpact due to the
approval of thls Negative Declara[lon slnce the Anahelm General Ptan desl9nates the
subJect property for general commercial land uses commensurate with the proposal;
that no sensltive e~vi~onmenta? impacts are involved in the proposal; that the
I~itlal Study submltted by the petitloner indicates no signiftcant individual or
cumulative adverse environmental impacts; and that the Negative Declaration
substantiating the foregoing findings ls on file in the Ci[y of Anahetm Planning
Department.
NOW~ THEREFORE, BE IT RESOLVED that the Anahelm LTty Planning Commission
dces hereby grant subject Petition for Reclassification and, by so doing' that Title
18-Zoning of the Anaheim Muntclpal Code be amended to exclude the above-described
property from the RS-7200 (RESIDENTIAL. SINGLE -FANILY) 20NE and to Incorporate sald
described property into the CL (GOMMERLIAL, LIMITED) 20NE upon the following
condltions which are he~eby found to be a necessary prerequisite to the proposed use
of subJect property in order to preserve the safety and generai welfare of the
Citizens of the City of Anaheim:
1. That the cnrner(s) of subjest property shall Irrevocably uffer to deed
to the City of Anaheim a strip of land 60 feet in Hidth fran [he cen[erline of the
sCreet along Katella Avenue, inciuding a 25 foot radius property llne ~eturn at
Walnut Street, for street widening purposes.
2. That the vehicular access rights, except at approved access points to
Katella Avenue shall be dedicated to the City of Anahelm.
3. 7hat street lighting facilities along Wal~ut Street shail be installed
prior to the final building a~d zoning i~spectTons unless otherwise approved by the
Director of Public Utllities. and in accordance with standard speclfTcatlons on file
in the Office of the Dtrector of Public Utillties; and/or that a bond, certificate of
deposPt~ te[ter of credi[, ar cash, in an artaunt and form satlsfaciory to Lhe CFty of
Anahcim shall be posted with the Ctty to guarantce thc installation of the above-
mentioned requirements prlor to occupancy.
4. Tha[ the owner(s) of subject property shall pay to the City of Anaheim
the sum of three and one-ha1F dollars (53.5~~ per front foot along Katella Avenue for
street ltghting purposes.
5. That the owner(s) of subject property shall pay to the City of AnaheTm
the sum of 95 cents per front foot along Katelta Avenue and Walnut Street for tree
planttng purposes.
6. That sidewalks shall be installed along Katella Avenue and Walnut
Street as required by the City Engineer and Tn accordance wtth sta~dard plans and
specificatlons on file in the Office of the CT[y Engineer.
7, That trash storage areas shatl be provtded ln accordance with approved
plans on flie with the Office of the 0lrector of Public Works.
8, That subJect property shall be served by underground utTlitles.
-2- PC78-162
9. That dralnage of subJect property shall be disposed of in a manner
satisfactory to the City Engineer,
10. That appropriate water assessment fees as determined by the Director of
Pubiic Utilitles shall be pald to the Clty of Anaheim prior to the issuance of a
building permit.
11. That the owner(s) of subject property shall pay the traffic slgnai
assessment fee (Council Policy No. 214) amounting to 5363.00 per 1000 square feet of
building or fraction thereof prlor to the Tssuance of bullding permit.
12. That a 6-foat masonry wail shall be constructed along the north and
west property lines.
13. That the southerly drtveway on Walnut Street shall be detated and the
northerly driveway be located 110 feet from the flow iine of Kateila Avenue.
iG. That the owner(s) of subject property submit a letter requesting the
terminarion of Vartance No. 918.
15. PrTor to the (ntroduction of an ordinance rezoning subJeci property,
Condition Nos. 1, 2~ 3, 4, 5 and 14~ above-mentioned. shall be completad. The
provisions or rights granted by thts resoluilon shall becane null and void by action
of the Planning Commissfon unl.PSS satd canditlons are complied with withln one yea~
from the date hereof, or such further time as the Planntng CommissTon may grant.
16. That Condition Nos. 6, 7. 8~ ?, 12 and 13, above-mentioned, shall be
complied with prior to final building and zoning inspections.
BE IT FUP.THER RESOLVED that the Anaheim City Planning Commisslon does hereby
fTnd and determine that the adoptlon of this Resolutlon is expressiy predTcated upon
applicant's compliance wlth each and all of the conditions herelnabove set forth.
Should any conditton or any part thereof~ be declared Invalid or unenforceable by the
fTnal Judgment of any court of competent )urisGiction, then this Resolution, and any
approvals herein contained, shall be deemed ~ull and vo(d,
1°78.
THE FOREGOING RESOLU710N is signed and approved by me this 17th day of July,
~ ~~
C AIRMAk RO ~EMPORE
ANAHEIM CITY P~ANNING COMMISSION
ATTEST:
~~ ~~
SECRETAR ~ ANAHEIM CITY LANNING COMMISSION
-3- PC78-t62
(. ~~
STATE OF GALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIH )
I. Edith L. Harrls. Secretary of the AnaheTm City Planning Camiission~ do
hereby certify that the foregoing resolutton was passed and adopted at a meettng of
the AnaheTm City Planntng Commisston heid on July t~~ 1978~ at 1:30 p.m.~by the
following vote of the members thereof:
AYES: COHMISSIONERS: BARNES~ DAV10~ KING, TOIAR
NOES: COMMISSIONERS: JOHNSON, LINN
ABSENT: CUMMISSIONERS: HERBST
I!J WITNE55 WHEREOF. i have hereunto set my hand thts 17th day of July~ 1978.
~~~. ~ ~,~.~:.
~ECRETARY, ANAHEIM CITY LANNlNG COMMISS ON
-4- PC78-t62