PC 83-161.-.. , .
RESOLUTION NO. PC83-161
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIuSION
THAT PETITION FOR RECLASSIFICATION N0. 83-84-1 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from NORBERT A. 41ATBRS, 12132 Morrie Lane,
Garden Grove, California 92640, owner of certain real property situated in the
City of Anaheim, County of Orange, State of California, described as follows:
THAT PORTION O'r' THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA~ AS SHOWN ON A MAP
RECORDED IN BOOK 51~ PAGE IO OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY~ CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED
"NORTH 89 DBG. 02' 32" WEST 175.00 FEET IN THE BOUNDARY OF
PARCEL 3 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION~
SUPERIOR COURT CASE NO. 114537, R CERTIFIED COPY OF 'v7HICH
WAS RECORDED JUNE 3, 1964 IN BOOK 7073~ PAGE 214 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE EASTERLY
PROLONGATION OF SAID COURSE SOUTH 89 DEG. 02' 32" EAST
318.48 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 300.00 FEET; THENCE NORTKERLY ALONG SAID
CURVE~ FROM A TANGENT WHICH BEARS NORTH 0 7EG. 57' 28" EAST
THROUGH A CENTRAL ANGLC OF 40 DEG. 56' 43" AN ARC LENGTH OF
214.39 FEET TO A POINT IN THAT COURSE DESCRIBED AS "SOUTH 52
DEG. 13' 12" WEST 24.19 FEET" IN THE BOUNDARY OF SAID PARCEL
3, DISTANT THEREON NORTH 52 DEG. 13' 12" EAST 2.55 FEET FROM
ITS SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAI~ BOUNDARY
THE FOLLOWING COURSES: SOUTH 52 DEG. 13' 12" WEST 2.55 FEET~
SOUTH 53 DEG. 20' 07" WEST 258.88 FEET AND SOUTH 79 DEG. 38'
53" WEST 188.60" FEET TO THE POINT OF SEGINNING.
WHEREAS, the City Planninq Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 7, 1983 at 1:30 p.m.,
notice of said public hearing having been duly given as required by 1aw and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence for and aqainst said proposed reclassification
and to investigate and make findings and recommendations in connecticn
therewith; said public hearing havin9 been continued to the Planning
Commission meeting of September 19, 1983; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behaif, 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 RS-A-43,000 (Resider,tial/Agricultural) Zone to the CL
(COmmercial, Limitsd) 2one to construct an 80-unit motel and cocktail lounge.
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2. ihat the Anaheim General Plan designates subject property for
9eneral commercial land uses.
3• That the proposed reclassification of subjec~ property is
necessary and/or desirable for the orderly and proper development oE the
community.
properly relateTto theez nes ~ nd thzirassification of subject property does
close proximity to subject property and torthetzoneseand~their established in
generally established throuyhout the community. Permitted uses
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 anticipated increase in traffic which will be
generated by the intensification of land use.
August g 6' That approximately 35 persons indicated their presence at the
~ 1983 meeting and that 12 persons indicated their presence at the
containin 19, 1983 public hearing in opposition; and that a petition
g approximately 260 signatures was received in o
petition. pposition to subject
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the propusal to reclassif} subject property from the
RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limite~)
Zone to construct an 80-unit motel and cocktail lounge on an
irregularly-shaped parcel of land consisting of approximately 0.40 acre,
having a frontage of approximately 318 feet on the north side of Ball Road,
and being located immediately west of the Orange (57) Freeway; and doe~ hereby
approve the Negative Declaration upon finding that it has considered the
Negative Declaration together with any comments received during the public
review pr.ocess and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the p:oject will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anah~im City Planning
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
(Residential/Agricultural) Zone and toroinco porater~said describeds_A-43,000
into the CL (Commercial, Limited) Zone upon the following conditions whicheare
hereby f~ound 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 the owner of subject property shall by recorded deed
irrevocably offer to deed to the City of Anaheim a strip of land 53
feet in width from the centerline of the street along Ball Road for
street widening purposes.
2• That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Ball Road in an amount as
determined by the City Council.
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PC83-16J.
3• That prior to issuance of a building permit, appropriate water
assessment fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
4• That prior to issuanr.e of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount us deterrnined by the City Council for new commercial
buildings.
5• That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6• That subject property shall be served by underground utilities.
~• That prior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the Fire Department.
$• That trash storage areas sl~all be provided in accordance with
appreved plans on file with the Street Maintenance and Sanitation
Division.
9• That the vehicular access rights, except at approved access points,
to Ball Road shall be dedicated to the City of Anaheim.
14• That the owner of subject property shall pay to the City of Anaheim
a fee for street lighting along Ball Road in an amount as determined
by the City Council.
11. That completion of these reclassification proceedings is contingent
upon the granting of Conditional Use Permit No. 2475.
1z• That subject property shall be devel.oped substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Revision No. 1 of Exhibit Nos. 1 through 5; provided,
however, that kitchen efficiency units may be installed in no more
than twenty-five percent (258) of the motel units, with a maximum of
6-cubic foot refrigerators, two-burner stoves excluding oven and
ba:cing facilities, and single compartment sinks, except that the
Ranager'c unit will be allowed to have full kitchen facilities; and
further provided, that the proposed 1,456-square foot cocktail
lounge shown at the east end of the existing commercial complex on
the westerly position of subject property shall be compZetely
eliminated from the plan and any modification to the plans in the
future shall be subject to the review of the Planning Department
staff.
13. That prior to the introduction of an ordinance rezoning subject '
property, Condition Nos. 1, 2, 9, 10 and 11, above-mentioned, shall ~
be completed. The provisions or rights granted by this resolution '
shall become null and void by actir,^ of the Planning Corr.mission tl
unless said conditions are complied with within one year from the ~.
date of this resolution, or such further time as the Planning
Commissicn ma t
Y grant.
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PC83-161 !
14, That prior to finaJ. building and zoning inspections, Condition Nos.
5, 6, 8 an~ 12, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED 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 any part thereof, be
declared invalid or unenforceable by the final jt•.~gment of any court of
comoetent jurisdiction, thsn this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 19th day~
of September, 1983.
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CHAlRMAN, AHEIt9 CITY PLANNING COMMISSION
ATTEST:
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SECRETA12y~ ANAHEIM CITY PLANNING COMMTSSION
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
September 19, 1983, by the following vote of the members thereof:
F,YES: C0.7MISSIONERS: BUSHORE, FRY, HERBST~ KING, LA CLAIRE,
NOES: COMMISSIONERS; BOUAS
ABSENT: COMMISSIONERS: idC BURNEY
IN WITNESS WHEREOF, I Have hereunto set my hand this 19th day of
September, 1983.
SECRE~~~
r AHEIM CITY PLANNING COMMISSION
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PC83-161