PC 82-178~
RESOLUTION NO. PC82-178
A RESOLUTION OP THE ANAHEIM CZTY P7„ANNING COMMISSION
THAT PETITION FOR RECLASSIFZCATION NO. 82-83-F3 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from )1I,FRED D. AND JOSEPHINE PAINO, 711 South
Seach Houlevard, Anaheim, California 92804 „ owners; and ALFRED P, pAINO AND
JIM RODIG, 711 Sot:~h Beacli Boulevard, Anaheim, California 92804, agents,
California, agents, o: certain real property situated in the City of Anaheim,
County of Orange, State of California, described as follows:
THAT PORTION LYING SOUTHERLY OF THE NORTHERLY 679.46
FEET OF THE EAST HALF OF TNE NORTHEAST QUART~R OF THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
COhlMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF
SAID EAST HALF WITH THE SOUTHERLY LINE OF SAID
NORTHERLY 679.46 FEET; THENCE SOIJTHERLY ALONG SAID
WESTERLY LINE TO THE NORTHWESTERLY CORNER OF LAND
DESCRIBED AS PARCEL 1 IN A DEED TO HARVEY KOSS RND
WIFE, RECORDED ON MARCH 10, 1950 IN HOOK 1983, PAGE 28
OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE EASTERLY
ALOhG THE NORTHERLY LINE OP SAID LAND OF KOSS TO A LINE
PARALLEL WITH AND DISTANT EASTERI,Y 27g,50 FEET MEASURED
AT RIGHT ANGLES FROM SAID WESTERLY LINE, BEING THE TRUE
PDINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT
NORTHERLY' 113.00 FEET N.EAS[SRED AT RIGHT ANGLES FROM THE
NORTHERLY LIN~ OF SAZD LAND OF KOSS; THENCE EASTEP.LY
ALONG SAID PARALLEL LINE TO A LINE THAT IS PARI~LLEL
WITH AND DISTANT WESTERLY 40.00 FEET MEASURED AT RIGEIT
ANGLES FROM THE EAST LINE OF SAID SECTION 14; THENCE
SOUTfiEgl,y pI,pNG SAID PARALLgL LINE TO TE?E NORTFIBRI,y
LINE OF SAID LAND OF KOSS; THENCE WEa^TERLY ALONG SAZD
NORTHERLY LINE TO THE TRUE POINT OF HEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on SepL•ember 20, 1982 at 1:30 p.m.,
notice of said public hearing having been duly qiven as required by law and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consi3er evidence for and against aaid proposed reclassification
and to investigate and make findings and recommendations in connection
therewith; and
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PC82-li8
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WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the petitioner proposes reclassification of subject
property from the ItS-A-43,000 (Residential, Agricultural) Zone to the CL
(Commercial, Limited) Zone.
2. That the Anaheim General Plan designates subject property 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 establishe3 in
close proximity to subject property and to the zones and their per.mitted uses
generally established throughout the comnunitv.
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 ::he anticipated increase in traffic which will be
qenerated by the intensification of land use.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONM~NTAL IbIPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the
RS-A-43,000 (Residential, Agricultural) Zone to the CL (Commercial, Limited)
Zone to expand an existing batting cage facility with waivers of maximum
structural height, minitnum landscaped setback, minimum side and rear yard
setbacks and required site screening on a rectangularly-shaped parcel of land
consisting of approximately 0.88 acre, having a frontage of approximately 113
feet oiz the west side of Beach Soulevard, and further described as 711 South
Beach Boule•~ard; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis thz.t there
would be no significant individual or cu:nulative adverse environmental impact
due to the approval of this Negative D>_claration since the Anaheim General
Plan designates the subject propert~~ for general commercial land uses
commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initi~l Study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the Citv of Anaheim Planning Department.
'2' PC82-178
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N0~9, THEREFORE, gg IT gggOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Reclassi£ication and, by so
doing, that Title 18-Zoning of the Anaheim Municipal Code be amended to
exc.lude the above-described property from the RS-A-43,000 (Residential, .
Agricultural) Zone to the CL (Commercial, Limited) Zone upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of subject property in order to preserve the safety and general
welfare of the Citizens of the City o£ Anaheim:
1• That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amount as determined by
the City Council, for commercial buildings prior to the issuance of a
bui.lding permit.
BE IT FURTHER R~SOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, or aay part thereof, be
declared invalid or unenforceable by the final ju3gemnt of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOI•UTION is signed and approved by me this 20th day
of September, lggz,
ATTEST:
_____„~1 1 ~~ ~ /L~/Y . .~ ~
sECRETARY, ANAfiEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
Ir 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 September
20, 1982, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, F;tY, HERBST
MC BURNEY • ~NG, ~ CLAIRE,
NOES: COMMISSIONE~ZS: NONE ~ ~
ABSENT: COMMTSSIONERS: NONE
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IN WITNESS WHEREOF, 2 Have hereunto set my hand this 20th day of '
September, 1982.
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SECR~TdRY, ANAhEiM CITY PI,ANNING rp~2SSION
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PC82-178
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