PC 78-241RESOLUTION N0. PC78-241
A RESOLUTIODI OF THE ANAHEIM CITY PLANNING COMNISSION
TNAT PETITIO~ FOR RECLASSIFICATIOH N0. 7E-79-8 BE GkANTED.
WHEREAS~ thc Anahcim City Planntng Canmission dtd receive a verified
petition f~r Reclassiftcation from ALBAN AFID BERNADINE HOLTZ. 1451 East (rv1~e
Boulevard.. Tustin. California ?2630 and FRED W. AND PATRICIA 6. MORGANTHAIER~ 2245
West BroaJway. Anaheim, California 92804, owners, and ROESERT P. WARMINGT0~1 :OMPANY,
16592 Nale Avenue, Irvtne. Californla 92714, agcnt, of ccrtain real property situatcd
in the Lity of Anahetm, County oF Ora^ge, State of Californta, descrlbed as follows:
Beglnning at the Sou[heast cornzr of the Northeast qua~ter of thc
Sou[heast quarter of Section 12. Township 4 South, RanSe 10 West
in the Ranch~ San Juan CaJon de Santa Ana, as shown on a;1ap
recorded in book 51, page 10 of Miscellaneous Maps, record~ of
Orangc Lounty, California; thencc North alon~ the Eas[ line of
said Section 12 to the center line of Otive County Road; thence
Northwesterly along the centcr line of said road to the Wes[ line
of the Southeast quarter of the Nor[heast quarter of [he Southeast
quarter; thence South along said West llne io the Sou[hwest cor~er
of said Southeast quarter of the Northeast auarter of the
Southeast quarter; chenc~ East to the point of beainning.
Excepting therefrom the following: Beginning at the Northwes[
corner of the Nor[heast quarter of ihe Southcast quarter of Che
Southeast quarter of sa1J Section 12; thence East 20 feet; thence
IJorth, parallel with the West line of the Southeast quar[er of the
North~ast quorter of [he Southeast quarter of satJ Section 12 to
the South line of that certain Tract of land conveyed by C. R. La
Gourgue and with to Orange Grove uater Campany, by deed recorded
flovember 15, 1912, in book. 222, page 174 of Dceds; thence Westerly
alon~ th~ Southerly line a~d said Southerly line extended Westcrly
to the westerly line of said Southeast quar[er of the Northeast
quarter of the Sou[heast quar[er of said Sectton 12; thence South
aiong the Westerly line of said Southeast quar:cr of the Northeast
quarter of the Southeast quarter of Section 12 to the poin[ of
beginning.
Also excepting therefrem the foilowing: Commencing on the Uest
line oF the Southeast quarter of the Northeast quarter of the
Southeast quarter of said Ser.:ion 12 at a point 3~ feet South of
the middle Iine of the Olive Road and runntng thence Easterly
along the South iine of said OtTve Road, 56 feet; [hence due South
62 feet to a point; thence aC righL angles West 55 feet [o the
Wes[ line of the Southeast quarter of [he Northeast quarter of the
Southeast quarter of said Section 12; thence North alor.g sald 4fest
line to the point of beglnning.
Also excepting therefrom [hat portio~ des.:rihed in deed to the
State of California recorded September 24, 1964, Tn book 7232,
page 3~ of Official Records of said Orange County.
PC7fl-241
Also excepting therefrcxn the fotlowing: Commencing at a polnt on
the East line of said Secilon 12, dietant South 0° 14' 26" West
47.14 feet from the intersectTon of said East Itne with the
cantertine of Anaheim-Olfve Road, 60.00 feet wide, as described tn
a deed to the County of Orange, recorded May 17, 191; in Book 275.
page B8 of Dceds; thence North 8pO ~-5' 3~" West ~5.00 feet [o the
intersection of a tine parallel Nlth and distant 45,00 feet
Westerly measured at right angles from the East llne of said
Sectlon 12 with a line parallel with and dtstant Sou[hwesterly
55.00 feet measured at rtght angles frar satd centerilne of
Anaheim-OlTve Road, said intersect(on being the true point af
beglnntng; thence along said line parallel with the centerline of
Anaheim-Olive Road, North 7$° 54' 31" West 150.00 feet; thence
South 0° 14' 26" West, p3rallel with [he East line of said
Section 12, a distance of 150.00 feet; South 78° 54' 31" East.
parallel with said centerline of Anaheim-Olive Road, 150.00 feet
to said line paraltel with and distant Mesterly 4y.00 feet from
said East line of Sectton 12; thence North 0° 14' 26" East 150.00
fee[ to the true point of beginning.
4fFIEREAS. the City Planning Commissio~ did schedule a public hearing at Lhe
:ity Hall in the City of Anaheim on July 31. 1°78. at 1:30 p.m., notice of said
public hearing having been duly given as required by laN and in accordance witfi the
provisions of the Anaheim Municip~l Code. Chapter 18.03, to hear and consider
evidence for and ag3ins[ satd proposed reclassification and to investi9ate and make
findings and ~ecommendations in connec[lon therewith; safd publlc hearing havin~ been
continued to the Planning Commissio~ meeting of October 23. 1978: and
NIIEREAS, said Commission after due inspec[ton~ investigation and study made
by itself and in its behalf, and after due consideratlon of all evtdence and reports
offered at said hearing, does fTnd and determine [he folloxing facts:
1. That the peti[ioner proposes reclassification of subJect proper[y from
the RS-A-43,000 (Residential/Agricultural) Zone to the Gl (Lommerciai, Limited) Zone.
2. That the Anaheim General °lan designates subJect proper[y for general
commercial land uses.
3. Tha[ the proposed reclaseification is hereby granted subject to plans
being submitted to and approved by thc Planning Commission showing that there wtll be
no left turn lanes to or from L(ncoln Avenue. thereby preven[ing any left turn
[rafflc movements in Lincoln Avenue. said left Lurns being potentially hazardous
because of the traffic speed from the nearby freeway ofFramp.
3. That the proposed reclassification of subJec[ property Ts necessary
and/or desirable for the orderly and proper development of the community.
4. That the proposed reclassTfTcatlon of subject property does properly
~elate to the zones and thei~ permitted uses locally established in close proximity
to subJect property and to the zones and thelr permitted uses generally established
throughout the community.
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5. That the proposed reclassification of subject property requires the
improvement of abutting streets in accordance with the Circulation Element of the
General Plan, due to the anttcipated increase In traffic which wtli be generated by
the intensification of tand use.
6. That two (2) persons indicated their presence at said public hearing in
opposition; and that no correspondence was received tn opposi[ion to the subject
petition.
ENVIRONIIENTA~ IMPACT FltlDING: That the Anaheim Ci[y Pianning Commission has
reviewed the proposal to reclassify SubJect property from the RS-A-43~000
(Residential/Agricultural) to the CL (Commercial, Limited) zone and to permit a
drive-through restaurant on an irregularly-shapPd parcel of land consisttng of
approxtmately 4.7 acres, located south and west of ttie souttiwest corner of Lincoln
Avenue and Rio Vista Street, having approxlmate frontages of 488 feet on the south
side of Lincoln Avenue and 73 feet on the west side of Rio Vista Street, and bei~9
located approximately 195 feet west of the centerline of Rio Vista 5[reet and 180
feet south of the centerline of Lincoln Avenue, and does hereby aF~~~•:e the Negative
Declaration from the requirement to prepare an environmental impact report on the
basis that there would be no si9nificant individual or cumulaiive adverse
environmental Impact due to the approval of thls Negative Declaration since the
Anaheim General Plan designates the subject property for general cormnerclal land uses
commensurate with [he proposal; that no sensitive enviranmental impacts are involved
in the proposal; that ihe Initial S[udy submitted by the petttloner indicates no
si9nlffcant individual or cumulatlve adverse environmental impacts; and [hat the
Negative Declaration substantiatfng the foregoing findin9s is on file in the Cify of
Anaheim P1anning Department.
NOW, THEREr'ORE, BE 17 RESOLVED [ha[ [he Anaheim City Planning Ca~unission
does hereby 9rant subject Petition for Reclassifica[ion and, by so doin9, that Title
ib-Zoning of the Anaheim Municipal Code be amended to exclude the above-described
property from the RS-A-43,000 (RESIDc~1TIAL/AGRICULTUR~L) ZONE and to incorporate said
described proper[y into the CL (COMMERCIAL, LIMITED) ZONE upon the following
conditions which are hereby found to be a necessary prereauisite to the proposed use
of subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
t. Tha[ street lightina facilities along Rio Vista Street and Lincoln
Avenue shall be installed prior to the final butlding and zonfng inspections unless
otherwise approved by the Director of Public Utilit(es, and in accordance with
standard speciftcations on file in the Office of [he 0lrector of Pubtic Utilittes;
and/or that a bond, certlficate of deposit, letter of credit, or cash, in an amount
and form sattsfactory to the City of Anahetm shall be posted with the Ctty to
guarantee the insiallation of [he above-mentioned requirements prior to occupancy.
2. That the owner(s) of subject property shall pay to the City of Anahetm
the sum of ninety-five ~9SL) cents per front foot along Rio Vista Street and Lincoln
Avenue for tree planti~g purposes.
3. That trash storage areas shall be provided in accordnace with approved
plans on file with the Office of the Director of Public Works.
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4. That fire hydrants shall be instailed and charged as required and
determined to be necessary by the Chief of the Fire Department prtor to commencement
of structural framing.
5, That subject properLy shall be served by underground utiiities.
6. That on-site drainage shall be plcked up in an on-site facility and
disposed directly fnto the existing storn drain in Lincoln Avenue.
7, In the event tha[ subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map~ to record the approved dfvision of subject
property, shall be submitted to and approved by the City of Anaheim and then be
recorded in office of the Orange County Recorder.
8. That the owner(s) of subiect property shall pay the traffic stgna)
assessment fee (Councii Policy No. 214) for commercial buildings amountfng to $180.00
per 1000 square feet of building or fractlon thereof prior to the issuance of a
buildiny permit.
9, That the 6-foot hi~h masonry wall, as measured from the highest
finished adjacent 9rade level, shall be constructed along the souih and west property
lines and around the rectangularly-shaped remnant "flag" extending south.
10, That the owner(s) of subject property shail complete the median island
in Lincoln Avenue east to Rio Vista Street in a manner satisfactory to the Trafftc
Engineer to prohibi[ a~y left-turn traffic movements between subject property and
Lincoln Avenue, and that and that a plan so-I~dicating shall be submitted to and
approved by the Planning Commisslon.
11, That the owner(s) of subject property shali underground the existing
uti)it lines in a manner satisfactory to the Director of Public Works. .~
12, Prior to the introduction of an ordinance rezoning subJec[ property,
Condition Nos. 1, 2w 7 and 10, above mentioned, shall be completed. The provisions
or rights granted bY this resolution shall become null ~~nd void by action of the
Planning Commission unless satd conditions are complied with o~i[hin one year from the
date hereof, or such further tfine as the Pianniny Commission may grant.
13, That Condition Nos. 3. 5, 6, 9, 10 and il. above-mentloned, shall be
complied with prlor to final building and zortng inspections.
BE !T FURTHER RESOLVED that the Anahetm City Planning Commission does hereby
find and determine that adoptlan of tfiis Resolution is expressly predicated upon
applicant's compliance with each and alt of the condttlons 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.
THE FOREGOING RESOLUTI~N is signed and approved by me this 23rd day of
Occober, 1978.
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A ~ ~ CIT L NING COMHISSIOt~
ATTEST:
SECRETARY~ A~ M CITY LANNING~COMMISSION
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STATE OF CALiFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
i~ Edith L. Harris, Secretary of the Anaheim City Planning ~~ission, do
hereby certify that the foregoing resolution was passed and adopted at a mmetlb9 the
the Anaheim City Planning Commisslon held on October 23, 1976, at 1:30 P• Y_
following vote of the members thereof:
AYES: COMM:SSIONERS: ~`4NE5~ DAVID~ HERBST, JOH~lSON, KING, TOLAR
NOES: COMMISSIONERS: t,~5H0RE
ABSENT: COMMISSIOtdERS: NONE
~N WITNESS 41HEREOF, 1 have hereunto set my hand this 23rd day of October,
1978.
o ,~ ~° t~.a
SECRETARY, ANAHEIM CITY PLANNI~lG eOMMISSION
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