PC 78-190RESOLUTION N0. PC7Q-190
A RESOLUTION OF THE At1A1fEIM CITY PLANIItNC, COHMISStON
THAT f'ETITION FOR RECLASSIFICATION N0. 78-79-i1 BE GP.AtITED
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for P,eclassification from TOWN TOUR FUN BUS GO., INL., 30h East Katella Way,
Anaheim, Lalifornia 92YA2 and CLAREt~CE D. NEDDOCY., 98~5 Hasty Avenue, Downey,
California 90240, owners~ and MICNAEL VALEN, 7331 Grovewood Lanc, Orange, California
9266y, agent, of certain real property situated in the City of A~aheim, County of
Orange. State of Galifornia, described as follows:
Lots 9 and 10 of 1'ract ~~o. b98 as shown o~ a map thereof recorded
In Book 19, Page 24, Miscelianeous Maps, records of Orange County,
California.
WHEREAS, the Gity ?lanning Commission did hold a pubiic heari~g at the City
Hall in the City af Anaheim on August 14, 197$. 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 M ahein Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed reclassification a~d to inves[igate and make
findings and recommendations in connection therewi[h; and
WHEREAS, said Commission. aftcr due inspec[ion, fnvestigation and study made
by itself and in its beh~lf, and after due consideration of ali evidence and reports
offered at said hearing. does find and determine the fallowing facts:
1. Tha[ the petitioner proposes reclassification of subject property from
the RS-A-43,000 (Residential/Agricul[ural) 2one to the CL (Cortmercial. Limited) Zone.
2, That the Anaheim General Plan designates subject property for
commercial recreational uses.
3, Tha[ the proposed reclassification of subJect property is necessary
and/ar desfrable for the orderly and proper development of the communi[y.
4. That the proposed reclassification of subject property does properly
relate to the zones and their permitted uses locally establtshed in close proximity
to subJect property and to thc zones and their permitted uses gene~ally established
[hroughout the community.
5, That the proposed reclassification of subJect property requires the
improvement of abu[ting streets in accordance wtth the Circulation Etement of the
General Plan, due to the anticipated increase in traffic which wili be generated by
the intensification of land use,
6. That no one tndicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subJect
petition.
EIIVIRONMENTAL IMPACT FINDIIIG: That the Anaheim Lity Plann(~g Cortanlssion has
revTewed tTie- proposa to reclassify the zoning fran Rs-A-~t3~000
(Resida~tial/Agricultural) to CL (Conmr_rcial~ Limited) on a rectangutirly-shaped
percel of tand consisting of approximately 1.0 acre having a frontage of
Pc7a-~9o
approximately 118 feet on thc west side of Noun[ain View Avenue, having a maxfmum
depth of approximately 355 feet, and being located approximately 300 feei south of
[he centerline of Katella Nay; and does hereby approve the Negative Declaration from
the requirement to prepare an environmental irr~act report on the basis that there
would be no significant individual or cumulative adverse environmental impact due to
the approva) of this Negative Declaration since the Anaheim General Plan designates
the subJect property for corcmercial recreational land uses commensurate with the
proposal; [hat no sensitivic environmen[ai irr~ac[s are invotved in the proposal; that
the Initfal Study submitted by the petitioner InJicates no significant individual or
cumulaCive adverse environmental ir,tipacts; and that the Negative Deciaration
substantiattng the foregoing fi~dings is on filc in the Lity of Anaheim Planning
Oepartment.
NOW, THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Comnission
does hereby grant subJect Petitfon for Reclassifiication and~ by so doing, that Title
18-Zoning of the Anaheim Municlpal Code be amended t~ exclude the above-described
property from [he RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE and to incorporate said
described property into the CL (COMMERClAL, LiMITED) ZONE upfln the foilowing
conditions which are heinbYorder~ to bpreservessthe safetyua~dtgeneralewelfa~ecof the
of subject property
Citizens of the City of Anaheim:
1, That ali enyineering requiremc~ts of the Lity of Anaheim along Mountain
yiew Avenue, including p~eparation of improvement plans and installation of afl
6mprovements such as curbs and gutiers, siJ~walks, street grading and paving.
drainage facilities or other appurtenant wor4;, shall be complied with as required by
the Ctty Eng(neer and in accardance with standard plans and specifications on file in
the Office of the City Engineer; that street liyhting facilities aiong Hountain Vtew
Avenue shall be installed prior to final buildin9 and zoning inspections unless
otherwise approve~ by the Director of Pubiic Utilitles, and in accordance with
standard specifications on file in tne Office of the Director of Public Utilities;
and/or that a bond, cer[ificate of deposit, letter of credit, or cash, in an amount
and form satisfactory [o the Ci[y of Anaheim shall be posted with the Ci[y to
guarantee the installation of the above-men[ioned requirements prior to occupancy.
2. That the owner(s) of subJect property shall pay to the City of Anaheim
the sum oP 95 cents per front foot along Mountain Vtev+ Avenue for tree plan[ing
purposes.
3. That trash storage areas shall be provided in accordance wfth approved
plans an file with the Office of the Director of Public Wor~s.
4. That fire hydrants shall be instalied and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
That subJect property shall be served by underground utilittes.
6. That a 6-foot high masonry wall shall be construcied along the west -
property ltnes. .
7, That drainage of subJect prope~ty shall be disposed of In a manner
satisfactory to the City Enyineer.
-2- PC78-190.
; ;
8, That approprlate orater assessmcnt fees as determined by the D(rector of
Public Utilities shall be pald eo the Cfty of Anahetm prior [o the issuance of a
building permit.
9, That the owner(s) of subJect property shall pay the traffic signal
assessment fee for commercial buildings (per Councll Policy No. 7.14) prior to the
issuance of a building permtt.
10. Prior to the tntroductlon of an ordlnance rezonln9 subJect property.
Conditlen Nos. i and 2, above-mentioned, shall be completed. 7he provisions or
rights granted by thts resolutlon shall become ~ull and void by action of the
Planning Commission unless safd conditions are complied with wfthin one year from the
daie hereof, or such further ttme as the Planning Commission may grant.
11. That Condltion Nos. 3, 5, 6 and 7, above-mentioned, shatl be canplied
with prior to final building and znning inspections.
BE iT FURTHER RESOLVED that the P.neheim City Planning Cortmission do~s hereby
find and determine that adoptton of this Resolution is expressly predicated upon
apptTcant's compliance with each and all of the condiLions hereinabove set forth.
Should any such conditlon, ~r any part thereof, be declared invalTd or unenforceable
by the final Judgnent of any court of competent jurisdiction, [hen this Resolution,
and any approvals herein contained, shail be deemed null and vold.
THE FOREGOING RESOLUTION is sl9ned and a pro ed by me thfs 14th day of
August 1978. ~~
t~, A~IAH M I Y LANNING COMMISS ON
ATTEST:
~~ ~~~~
SECRETARY~ ANAHE~M CITY PLANPIING LOMHISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AIIAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning CammT:sion, do
hereby certify that the fore9oing resotutlon was passed and adopted at a meetTng of
the Anaheim City Pianning Commission held on A~gust 14~ 1978, at 1:3~ p.m.~ by the
followin9 vote of the members thereof:
AYES: COMHISSIONERS: BARNES, DAVID, HERBST, JOHNSON, KIPIG~ LItIN
NOES: COHMISSIONERS: NONE
ABSEN7: COMMiSSI0NER5: TOLAR
IN WlTt1ES5 WHEREOF, 1 have hereunto set my hand chis 14th day of August
t978.
i,r„ : -
~E~KEfAR . At~IM LI Y LANNING COMM SS ON
-3- Pt78-190