Loading...
PC 83-110~ ~ RESOLUTION N0. PC83-110 A RESOLUTION OF THE ANAHEIM CITY PLANNiNG COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 82-8~-33 BE GRANTED WHEREAS, the Anaheim City Planning Commissioz~ did receive a v~rified petition for Reclassification from L. C. SMULL, 17631 Fitch, Irvine, California 92714, owners, and .~u.;EPH T, WALTHOUR, 17631 Fitch, Irvine, California 92714, agent of certain real property situated in the City of Anaheim, County cf Orange, State of California, descri.bed as follows: PARCELS 1~ 2 AND 3~ AS SHOWN ON A MAP FILED IN BOOK 33~ PAGE 1 OF PARCEL MAPS, IN THE UEFICE OF THE COUNTY RECORBER OP SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public heariiig at the Civic Center in the City of Anaheim on June 13, 1983 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 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 the~ewith; and WHEREAS, said Commission, after due inspection, investigation and study r:ade 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. Tnat the petitioner proposes reclassification of subject property ftom the (Industrial, Limited) Zone to the C-R (Cammercial/Recreation) 'Lone. 2. That the Anaheim General Plan designates subject property for Commercial/Recreation land uses. 3. That the proposed reclassification of subject pcoperty 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 no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the ML (Industrial, Limited) Zone to the CR (Commercial/Recreation) Zone on an irregularly-shaped parcel of land consisting of approximately 2.8 acres, having a frontage of approximately 578 feet on the southeast side of Katella Avenue, and furtt,er described as 2300 East Katella Avenue; and does hereby approve the Negative Declaration from the requirement to prepare an PC83-110 #0666I .., ~ ;~w`~ ~ ,^ environmental impact report on the basis that there would be no ~ignificant indi.vidual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim Genecal Plan designates the subject property for commercial/recreation land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no si9nificant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on f:le in the City of Anaheim Planning Department. NOW, TFiEREFORE, BE IT RESOLVED that the Anaheim City Planr~ing Commission does hereby grant subject Petition for Reclassification ~nd, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be _r.ded to excl~9e the above-described property Prom the ML (Industrial, Limited) Zone and to incorporate said described propcrty into the CR (Commercial/Recreation) Zone upon the following conditions which are heteby 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 of Anaheim: 1. That orior to commencement of structur.al framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief cf the Fire Department. 2. That prior to issuance of a buildin9 pernit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Coizncil for new commercial buildings. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That the owners of subject property shall record a covenant to grant an access easement to the property ownec immediately to *_he east in the event said easterly propecty is developed for some use other than that presently existing. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form to be satisfactory to the City Attorney. 5. That prior to final building inspection, a pedestrian barrier along the southern property line adjacent to the ATSP Railroad right-of-way shall be constructed in a design which provides a pezmanent security fence. 6. That the ~~wner(s) of subject pcoperty shall pay a proportionate share, and ~,hall execute and record an agreement in a form appcoved by the City Attorney's Office obligating the owner(s) to pay said proportionate share, of the cost of certain off-site public improvements and services pursuant to that certain assessment district or benefit area to be hereinafter established by the City of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. -2- PC83-110 ~«ay, , .. _ -``°~ .^.., 7. Thak subject property shall be de~eloped substantially in accordance with plans and specifications on file with the C~~y of Anaheim narked Exhibit Nos. 1 through 5, provided, howev~r, that a pedestrian barrier, as required by Condition No. 5, aforementioned, shall also be constructed. 8. That prior to the introduction of an ordinance rezoning subject property, Cor.dition Nos. 4 and 6, above-mentioned, shall be completed. The provisior,s or r.ight 9ranted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may yrant. 9. That prior to final building and zoning inspections, Condition Nos. 3 and 7, above-mentioned, shall be complied with. BE IT FURTSEP. RESOLVED that the Anaheim City Planni~g 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 any part thereof, be declared invalid or unenforceable by the final judgement of any court of comQetent jurisdiction, then this Resolution, and any approvals herein contained, shall be 6eemed null and void. THE FOREGOING P.ESOLUTZUN is signed and approved by me this 13th day of June, 1983. , ~' ;~~-~i. ~~ ~~/l'~~G~'~ ~`- ~ 'CH ~RMAN, ANAHEIM CITY PLAN G COMMISSION ATTEST: /l c~~T~ ~ / `~~~ SECRETARY, ANAHEIM CITY PiAN[JING CON[•ISSSiON STATE OF CALIEORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the ~naheim 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 June 13, 1983, by the following vote of the members thereof: AYES: COMMISSIONEkS: BOUAS~ BUSHORE~ FRY, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS Wf?EREOF, I have hereunto set my hand this 13th day of June, 1983. ~ ~~ G! ~ ~~ l~~~ . ~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _3_ PC83-110 _ _ :. _•:-~.,.s '...~. _... . _ _ ~