PC 80-116RESOLUTIOD! IJO. PcBo-it6
A RESOLUTION OF THE AtJAHEIM CiTY PLANPJI~JG COMMISSIOhI
TfiAT PETIT10~7 FOR R[CLASSIFICATIODJ N0. 80-81-t EiF GP,ANTFD.
WHEREAS~ the Anahetm City Planning Co~xnisston riid receive a veriffed
pet(tion for Reclassification from ROSALIE M. METZf;ER, ET AL, 19081 Mathew Circle,
Huntington Beach, California g2646, R. W. BLANCHAR~J~ ET AL, 16371 Beach Boulevard,
~240~ Huntington Beach, California, and FRED W, MQRGENTHALER, 1935 Sherinqt~n Place
rYF101, Newport Beach, Cal+fornia 92663, owners, and KIRK EVANS, ~'~^ DOLLAR
~EVELOPMENT 16371 Beach Boulevard, ~240, Huntington Beach, California ~2( agent,
af certain real property situated in the City of Anaheim, County of Orange~~5tate of
California, descrtbed as follows:
PARCEL i: PARCEL 3 AS SHOWN ON A MAP FILED 1N BGOK 13, PAGF 40 OF
PARCEL MAPS~ RECORDS OF ORANGE COUPITY. CALIFORDIIA; AND
PARCEL 2; PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 145, PAGES 10
AND 11 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; and
PARCEL 3: PARCEL 3 AS SHOWN ON A MAP FILED IN BUOK 145, PAGES 10,
AND 11 OF PARCEL "1APS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS~ the City Planning Commisston did hold a pubilc hearing at the City
Ha11 in the City of Anaheim on July 2II, 1930, at 1:30 p.m.~ notice of satd public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Ftunicipal Code, Chapter 18.03, to hear and consider
evidence for and against safd proposed reclassification and to investigate and make
findings and recommenda~tons in connection therewith; and
WHEREAS, said Co~nmission~ after due inspection~ investtgation and study made
bY Itself and in its behalf, and after due consideration of all evtdence a~d reports
offered at sai~1 hearing. does find and determine the following facts:
1, That the petitioner proposes reclassificatin of subject property from
the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commerciai, Limited) Zone.
2, That the Anaheim General Plan designates subject praperty for general
commercial and/or l~w-density resldential land uses.
3. That the proposed reclassification of subject property is necessary
and/or desirable for the orderly and proper development of the community.
4, That the proposed reclassification of subject property does properly
relate to the zones and their permttted uses locally established in close proxlmity
to subject property and to the zanes and their permttted uses generally establtshed
throughout the community.
5. That the proposed reclassification of subject property requires the
dedtcatiort and improvement of abutting streets in accordance with the Circulation
Element of the General Plan, due to the anticipated increase in traffic which a~ill be
generated by the intensification of land use.
PcBo-1t6
6, That one person indicated their presence at sald public heartng in
opposltton; and that no correspondence was received in opposition to the si+bject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Comm~ssion has
reviewed the proposal to reclassify subject property from the RS-A-43,000
~Residential/Agricultural) Zone to the CL (Commercial, Limtted) Zone on an
Irregularly-shaped parcel of land consisting of approximately 9.7 acres located south
and west of the southwest corner of Lincoln Avenue and Rio Vista Street, having
approximate frontages of ~~70 feet on the south side of Lincoln Avenue and 425 feet on
the west side of Rio Vista Street; and does hereby approve the Negative Declaration
from the requirement to prepare an environmental impact re~ort on the basis that
there would be no significant individual or cumulattve adverse environmental impact
~ue to the approval of this Negative Declaratton since the Anahelm General Pian
designates the subject property for general commercial and loar-~enstty land uses
commensurate with the proposal; that no sensitive environmental impacts are involved
in the proposal; that tiie Initial Study submltted by the petitioner Indicates no
significant lndividual or cumulative adverse environmental impacts; and that the
Negatlve Dec)aration substantiating the foregoing findinas is on file in the City of
Anahelm Planning Department.
NOId, THEREFORE, BE IT RESOLVED that the Anaheim Clty Pianning Commission
does hereby grant subject Petition for Reclassification and, hy so doing, that Title
18-Zoning of the Anaheim Municipal Code be amended to exclude the above-described
property from the RS-A-43,000 (RESIDENTIAL/A~RICULTURAL) ZONE and to incorporate said
described property into the CL ((:OMMERCIAL, LI.MITED) ZONE upon the followtng
~onditions which are hereby found to be a necessary prerequislte to the proposed use
of subJect property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall deed to the City of Anaheim
a strip of land ~-5 feet in width from the centerline of the street aiong Rio ~~ista
Strcet for sLreeL widcrting purposes.
2. That ail engineering requirements of the City of Flnafieim along Rio
Vista Street and Pur(tan Place (modified cul-de-sac) including preparation of
improvement plans and instailation of all improvements such as curbs and gutters,
sidewalks, street grading and paving, drainage facilities or other appurtenant o-~ork,
sha11 be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer; that street lighting
facilities along Rfo Vista Street shali be installed as required by the Offlce of
Utilities General Manager, and fn accordance with specifications on file in the
Office of Utilittes General Manager; and/or that a bond, certificate of deposit,
letter of credit. or cash, in an amount and form satisfactory to the City of Anaheim
shall be posted ~aith the City to guarantee the installation of the above-mentioned
requtrements prior to occupancy.
3. That the owner(s) of subject prooerty shall pay to the City of anaheim
a fee, in an amount as determined by the City Counctl~ for street lighting along
Lincoln Avenue.
-2- PC80~116
4, That sidewalks shall be installed along Lincoln Avenue as required by
the City Engineer and in accordance with standard pians and specifications on file in
[he Office of the City Engineer,
5. That trash storage areas shall be provided in accordance with appruved
plans on file o~ith the Office of the Executive Dtrector of Public Works.
4. That fire hydrants shall be instailed and charged as requlred and
deternined to be necessary by the Chief of the Fire Department prior to commencement
~f structural framing.
5. That subject property sha11 be served by underground utilftTes.
6. That drainage of subject property shall he dfsoosed of in <i manner
satisfactory to the City Engineer.
7. That all prtvate streets shall be developed in accordance with the CTty
of Anaheim's Standard Detail No. 122 for private streets, including in~rallatlon of
street name slgns. Plans for the private street ltghting, as required by the
standard detail, shall be submitted to and approved by the Electrical Division.
APproved private street lighting plans shall then be submitted to the Building
~ivision for inclusion with the building plans prior to issuance of buitding permits.
8. If permanent street name signs have not been tnstalled, temporary
street name signs shall be installed prior to any occupancy.
11. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) tn an amount as determtned by the City Council,
for commercial buildfngs prior to the issuance of a building permit.
12. That any parking area lighting proposed shail be down-lighting of a
maximum height of 12 feet, which lighting shall be directed away from the property
lines Lo protect the a~j~cent residential uses.
13. That the owner(s) of subject property shall submit a letter requesting
the termination of Conditional Use Permit No. 1885 to *.he Planning Department.
14. That subject property shall 5e developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 3.
15. That Condition Nos. 1, 2, 3 and 13, above-mentioned, shall be complied
with prior to the commencement of the activity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of one year
from dat.~ hereof, whichever occurs first, or such further time as the Planning
Commtssion may grant.
i6, That Condttion Nos. 4, 5, 7, ~, 12 and 1~+, above-mentioned, shall be
complied with prior to ftnal bullding and zoning inspections.
BE IT FURTHER RE~Ol.VED [hat the Anahelm City Planr,Ing Commission does hereby
find and determine that adoption Of thts Resolution is expressly predicated upon
applicant's compitance wlth each ani all of the conditions hereina6ove set forth.
-3- PC8C-116
Should any such condltion. or any part thereof, be declared invalid or unenforceable
bY the final judgment of any court of competent jurisdiction, then this Resolutton~
and any approvals hereln contained, shall be deemed null and void.
THE FOREGOIhG RESOLUTIOPI is signed and approved by me this 28th day of July,
1980,
arr~s •
~/ >
~ ~~~
L~~t-~c.~o.,,~ r . ~~Q-~~~_-
CHAIR410MAN, ANAHEIM CITY PLANNIPIG COMMISSION
T.
` ~ /`1F-4~
SECRETARY, ANAHEIM CITY PLANNIPlG COMMISSIOPJ
STATE OF CALIFORNIA )
COUNTY OF ORAPIGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris, Secretary of the Anahetm City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 28, 1980, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BARNES~ BOUAS, BUSHORE, FRY, HERP.ST, KINr,~ TOLAR
NOES: COMMISSIOtvERS: NONE
ABSENT: COMPIISSIONEP.S: NONE
IN WiTNESS WHEREOF, I have hereunto set my hand this 28th day of July, 1980.
SECRETARY~ANA~ C I~PL ~~G COMM I SS I ON
-tE- PC8o-116