PC 80-195RESOLUTION M0, PC3Q-195
A RESOLUT I OW OF THE AP~AHE I M C I TY PLANN I PJG COtiM I SS I Oh1
THAT PETITION FOR RECLASSIFICATiO~I N0. .9~-81-1; BE GP,ANTED.
bIHEREAS, the Anaheim City Planning Commission dtd receive a verifted
petition for Reclassification from JAf1ES H. FR~SBI[, AS TRt1STEE OF THE JAt1E5 H.
FRISBIE AND MARLEP~E J, FRISBIF~ 1f31 4lest Orangethorpe Avenue, Suite A, Placentia,
California 92670, owner of certain real property situated in the City of Anaheim,
County of Orange, State of California, described as follows:
LOT 2E3 OF TRACT N0. 3370, AS SHOI-/N 0"1 A MAP THEREOF RECOP,DED IN
BOOK 144, pqGES a AND 9, t115CELLAPJE0U5 MAPS, RECORDS OF SAID
ORANGE COUNTY,
4JHEREAS, the City Planning Commission dtd hold a public hearing at the Civic
Center in the City of Anaheim on November 17, 1~80, at 1:30 p.m., notice of said
publfc 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
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by ttself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the follo4~inq facts:
the RM-1200 (ResidentialPehtultiple-Fam1ly)SZone,to5thecCLj(Commercial,t~imited)yZone
2. That the Anahelm General Plan designates subject ~roperty for general
commercial 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 permitted uses locally established in close proximity
to subject property and to the zones and their permitted uses generally established
throughout the community.
5. That the proposed reclassification of subject property requires the
dedication and improvemerit of abutting streets in accordance with the Circulation
Element of the General Plan, due to the anticipated increase in traffic which will be
generated by the intensification of land use.
6. That one person indicated their presence at said public hearing in
opp~sition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMEtJTAL IP1PA':T FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassl y subject property from the RM-12np (ResTdential,
Multiple-Famfly) Zone to the CL (Cortmercial, Limited) Zone to permit a drive-through
PC8o-y95
restaurant on a rectangularly-shaped parcel of land consisting of a~proximately 0,8
acre, having a fro~tage of approximately 20~ feet on the east side of State College
Boulevard, having a maximum depth of approximately 162 feet, belna located
approximately 660 feet north of the centerline of La Palma Avenue; and further
described as 1100 North State Colleye Boulevard; and does hereby approve the
tJegative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Flegative Declaration since the
Anaheim General Plan designates the suhject property for general commercial land uses
commensurate ~aith the proposal; that no sensitive environmental impacts are involved
In the proposal; that the Initial Study submitted by the petitioner indicates no
significant indivtdual or cumutative adverse environmental impacts; and that the
Negative Declaration substantiating the foregoinq findings is on file in the City of
Anaheim Planning Department.
N041, THEP,EFORE, BE IT RESOLVED that the Anaheim City Planring Commission
does hereby grant subject Petition for Reclassification and, by so doing, that Title
18-Zoning of the Anaheim Municipal Code be amended to exclude the above-described
property from the RM-1200 (RESIDENTIAL, MUTLIPLE-F.AMILY) ZONE and to incorporate said
described property into the CL (COMMERCIAL, LIMITED) Z~PJE upon the following
conditions which are hereby found to he a necessary prerequisite to the proposed use
nf subject property ?n order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That street lighting facilities along State College Boulevard shall be
installed as required by the Office of Utilities General Manager, and in accordance
with specification on file in the Office of Utilities General Manager; and/or that a
bond, certificate of deposit, letter of credit, or cash, tr, an amount and form
satisfactory to the City of Anaheim shall be posted v~ith the City to guarantee *.he
installation of the above-mentioned reGuirements prtor to occupancy.
2. That the owner(s) of suhject property shall submit a letter requesting
Che termination of Conditional Use Permtt P~o. 935 to the Planning Department.
3. That a perpetual easement agreement with the oamer of the property to
the south~ providing for circulation of trash trucE:s from one parcel to the other,
shall be submitted to the City Attorney's Office for review and approva'; then be
filed and recorded in the Office of the Orange Co~nty Recorder.
4. That a six (6) f;wt high masonry block ~aall shall be constructed along
c'a north property line.
5. Prior to the intr•oduction of an ordinance rezoning subject property,
Condition Nos. 1, 2 and 3, above-mentioned shall be completed. The provisions or
rights granted by this resolution shall become null and votd by action of the
Planning Commission unless said cond~tions are complied with within one year from the
date hereof, or such further time as che Planning Commission may grant.
6. Ttiat Condition No. !E, above-mentioned~ shall be complied ~•~ith prior to
flnal building and zoning tnspections.
BE IT FURTHER RESOLVE~ that the Anaheim City Plannin9 Comnission does liereby
find and determine that the adoption of this Resolution is expressly predicated upon
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applicant's compltance with each and all of the conditions hereinabove set forth.
Shou)d any conditior, or any part thereof, be declared invalid or unenforr_eable by the
f1na1 judgment of any court cf c~mpetent Jurisdiction, then this Resolution, and any
approvals heretn contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day of
November, 198p,
~'~~.~~~_~~ ~ ;: .
~ ~_ a ~..,~,--
CHAIRMAN RO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
-- ~a~ .~ ~~~
SECP.ETARY, AWAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L, Harris, Secretary of the Anaheim 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 P7ovember 17, 1980, at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ BOUAS, BUSHORE, KIPIG
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FRY~ HERBST, TOLAR
IN WITNESS 4/HEREOF, i have hereunto set my hand thfs 17th day of November, 1980.
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~ECRE R, N. HE M CI Y LANNIN~ MMISSION
'j" PC8o-195