Resolution-PC 92-133aF. a~ur~oN r,o. PC92-133
A RESOLU710N OF THE ANAHE~M CITY PIANNINd CCMMISSION
THA7 PETITION FOR REGLASSIFICA710N NO. 92-93-02 BE GRAN7ED
WHEREAS, tho Anahoim City Planning Commission did receive a veritied petitlon tor
Ror,lassitfcatlon for real property situated in the City of Anaheim, County of Orango, State of Calltornia,
described as follows:
ThIAT PORTiON OF LOT 6 OF SQUTH PLACENTIA TRACT NO. 2, PER MAP
7HEREOF RECORDED IN BOOK 5, PAG~ 42 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
DEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, SAID nORTHWES7
CORNER BEING ON TNE CENTERLINE OF STR7E COLLECiE BOULEVARD,
FORMERLY CYPRESS STREET, SHOWN AS ~4N UNNAMED STREE7 ALONG THE
WESTERLY SIDE OF SAID LU'1' ON SAID MAP; 7HENCE NORTN 89 DEG. 56' 44"
EAST, ALONG 1'HE NORTHERLY LINE OF SAID L07, A DISTANCE OF 541.00
FEET TO TH~ WFSTERLY LINE OF THE LAND GONVEYED TO VANDRUFF
HOMES, INC., BY DEED HECORDED AUGUST 17, 19G4 IN BOOK 7181, PACE 890
Or OFFICIAL NECORDS, R~COROS OF S-11D COUNTY; THENCE SOUYH 0 DEG.
03' 1a" U~5T, ALUNG SAID WESTERLY UNE, AND THE SOUTHL-RI.Y
PROLONGATION THEREOF, 322.a0 FEET TO 7HE CENTERLINk OF VIA BURTON
STREET AS DESCRIBED iN TNE DEE'J TA THG CI7Y OF ANAHEIM, RECORDED
SEPTEMBER 3, 1~359 IN B40K ~BgB, PAGE 525 UF SAID OFFICIAL RECORD~;
THENCE SOUTH 69 OEG. 5E3' 44" WEST, A;.ONG SAIO CENTERLINE, 349.90 FEET
TO THE SOUTHERLY PROLONGATION OF THE EAS7ERLY LINE OF THE LAND
DESCRIBED IN 7HE LEASE TU THE UNION OIL COM~ANY OF CALIFORNIA,
RECORDED JULY 26, 1962 tN 8001< 61~Ji, PAGE 991 OF OFFICIAL RECOROS;
THENCE NORTH 0 DEG. 15' 00' WEST, ALONG SAID SOIJTHERLY
PROLONGATION, AND ALONG SAID EASTERL.Y LINE, 172.O~J FEE7 TO THE
NORTHERLY UNE OF SAID LEASED LAND; THENCE SOUTH 89 L~EG. 56' 44"
WEST, ALONG SNID NORTHERI.Y LINE, t90.~0 FEET TO SAID CENTERLINE OF
STATE COLLEGE BOULEVARp; l'HENCE NORTH 0 DEG. 15' 00' WEST, ALONG
SAID CENTERLINE, 150.Uq FEEf 7l7 ThlE POIN7 OF t3EGINNINCy.
EXCEPTINr TFIEREFROM THE FASTERLY 285.00 FEEf TFiEREOF.
WHEREAS, the Cky Plannin~ Comrnisslon did hold a public he~ring at tlie Civtc Center in -he
City ut Anaheim on Octuber 5, t~J92 at 1:30 p.m., not(ce of snkl puWic hearing having boon duly given as
requirQd by law and in arcordance with the provfstons oi the An~heim Municipal Codo. Chapter 18.03, to
hear and consfder ev;donce tor arxl against saW propossd roclassNicatlon and to tnvesligate and make
iindinys and recommendatfons in connoct~on thorc+wkh; arx3 th~t osid public hearEng was continued to ti~e
October 19 and Navomber 15, 1~2 Planninfl Commissfon meetinps; and
WHEREAS, sak! Cnmm(saion. akPr due fnspectian, invostipatfon ancf study made by kaell and
in fta bcthal(, and ahor due consfderatlon o! all evkl~nce and ropoAS oNered at ~~i~ haaring, does Md and
dc~tarmine tho lol~owing facis:
1. That tho patltloner propose~ r~classltication ~f sub~ect proporty Irom the f~L (induatrlal.
llmitecl) to the CL (Commurctel, Umttecl) 2one.
2. Thnt thA Ar~ahaim ~eneral Ptan designatQS sub~ect propeRy ~or 3Qneral Cammercfal lond uses.
CR 1659MS.wp • 1• PC9?.• 133
3. Th~t the propo:ad reclassification of subJect property is necessary and/or desirable for tha
orderty and praper developmont of the community.
4. That ihe proposRd reclassi(Ication of subJect property does properly relste tu the zones and
their permitted u~e~ locally establishod in close proximiry to subJoct property end to the zones and thelr
permitted uses generally estabilsheci throughout the cammunfty.
5. Tht~t +~o one Ind(cateci ihQir presence at said public hoaring in opposltlon; end thet no
correspondonco was receivecl i~ ~ opposition to subJect petition.
CALIFORNIA ENVIRUNA~ENTAL OUALJTY ACT FINDII~,: That the Anah6lm City Planning
Commiss(on has roviewed the proposal to reclassfiy subJect property from the ML (Industrfal, Llmited) to the
CL (CommerciA~, Llmited) Zone to permit conversion o( an ex(sting 58,28fi-squaro foot industriol complex
to a 9•unit commnrr,tal retnil center with walv~r of minfmum numbor of parktng spaces on an irregularly
shaped parcel of fAnd consisting of approxirnately 2.82 acres locatod at the northoest comer of Vla Burton
atreet an~ Stato Colle~e Boulevnrd, having approx(mnte trontages of 201 feat on the north side of Vfa Burion
Street ~nd 516 feet on tl~e east side of State College Boulevard, and further described as 1500 -1542 North
State Collego Bouievard; and doe3 hereby approve the Negatfve Declaretion upon (Inding that the
doclaraNon reller:ts tlie Independent jixigement ot the load ugoncy s~nd that R has considered the Neflative
Declaration togeth~r with any comments receivod during the public review procoss and turther finding on
th9 basis of thd initial study and any comments received that there !s no substantlal evidence that tho projec;
wlll liavo ~ s(gnificant oNect on the environmant.
NOW, THEREFORE, BE IT RF.SOLVED that the Anahoim C(ty Planntng Commisslon does hereby
opprove thie ~ub~ect Fetitinn tor Raclassffication to a~rihorize an amendment to the Zoninr~ Map ot the
Anaheim Munfctpnt Code to excludo the above-described property trom tho ML (Industrfal, L(m(ted) Zone
and to incorporat3 said described property into the CL (Commerclal, Limited) Zon~ upon the following
conditions whfch are hereby fuunci to ~e a necess:., y prerequtsfte to the proposed use ot subject prop9ny
In ordcr to presarve the satoty aixl genoral wolfare af the Citizons o( the City of Anaheim:
1. That the owner uf subJect property shalt submtt T letter requesting terminatfon of Con~itional Jse
F'ermit Nos. 2316 (permitting rotail sales In the ML "Industrlal, Limited' Zone), 239f3 (permittin~ a
veterinery hospita~), 2432 (permitting recail food sales In the ML Zone with a parking waiver) and ".519
(permittfng retail furniture sales fn the ML Zone) to the'_oninp Divisiun.
2. That the pQtftioner shall pra~re an unsubordinated reciprocal accoss and parkinU agreoment across
the entire sub~ect prope~ty, in a lorm satisiactory to the Cfty Attorney. Said agreement shall then bo
recorded with tho Olfice of the Orange County Recorder ancl a copy ot the recorded ~greemQnt shall
be ~ubmitted to the Zontng DivistQn.
3. That prior to placement of an ordinance rezoning sub~ect proporty on an agonda tor City Councfl
conalderattort, C~ncfitlon Nos. 1 and 2, above•mentioned, shnll be aompletod. The City Councll may
opprove or disapprove a ioninq ordinance at fts discretion. If th~ ordinance hs dtsopproved, :he
proc~dure set torih :n Anaha!m Municipal Caio Section 58.03.OEt5 s~a~! apply. The provisfons or rtghts
grantecf by thfs ro:~olution shat! bcrcome null and vofd by action of the Planning ~ommission unless said
conUitfons ore complfed wkh withfn one (t) year from the dato af thfs resolution, or such funhor t(mu
as the Planning Commisafon may grant.
.2. PC91.•133
a~b'~~
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4. Tl~at approvttl ol this ~application constltutes approval of tho proposed request only to the oxtent thAt
ft compllos wlth tho Ana{~elm MunlcipAl Zoning Cocle and any other applicable City, State and Foderal
regulations. Approval d~os not Include any actfon or flndinr~s as to co-npli~nco or spproval of tha
roqu~st regarding eny other appllcable ordinenco, reflulatton or requlrement.
BE IT FURTHER RESOLVED that tha Anahotm 41ry Planning ~ortimleslon does hereby find and
detArmfne that adoption of this Resolution Is exprossly precllcated upon appllcant's complt~nce wtth each
and all oi the conditions herelnahove set forth. Should any such conditlans, or r~ny ~tart thereai, be
declarod Invalid or unenforc~able by the tinai )uclgment of uny court of competent ~urisdictlon, th~n thla
Resolutlon, and any approvals horein contained, snall be deemed null anci vold.
BE IT FURTHER RESOLVEn, th~t this resoiution shall not co~ltute a rezoning oi, or a r,ommitment
by tho City to reaone, the sub(ect pmporty; any such rezoning shall qulre an ordinanco of the C(ty Council
which shall be a legislative act whlch may be approved or deni y the City C ~ncil at Its solo dfscretlon.
THE FOREGOING RESOLUTION wa5 adopt at e P nn Commission meeting o(
Novnmber 18, 1~J92. ~ ~
•L
CNAIRMAN, A~IAHEIM CITY PLANNING,~'OMMISSION
ATl'EST:
I~~~..~ ' _....~
3EC ARY, ANAHEIM TY PLANNING COMMISSION
t_/
STATE OF CAUFORNIA )
~OUNTY OF ORANGE ) ss.
CI1Y OF ANAHEI~~A )
I, JanAt L Jensen, Secretary of the Anaheirn City Nlanninq Commission, do hereby
certify that the foregoing resolution was passed and adoated at a moetlng ot the Anahelm City Planning
Comml3sion held en November 18, t~J2, by tho (ollowing vote ot the members thoreoi:
AYES: COMMISSIONERS: BRISTOL, MENNINGER, MESSE, PERAZA, TAIT, ZEMEI
NO[S: COMMISSIONERS: NONE
ASSENT: COMMISSIONERS: NOhE
vACANCY: ONE SEA7
IN WI7NESS WHEREOF, I have horeunto set my hand thfs~3/~C ,dey of
~j:~/r/~~~ • 1992.
,;~~~%•l,~ 1~~, ~: 7''~/~v
CRETARY, ANAH6iM CITY PIANNING COMMISSION
~~ /
.~. PC82• 133