Resolution-PC 2000-70~ ~
RESOLUTION NO. PC2000-70
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2000-00020 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
LOT 13 OF TRACT NO. 1682, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFOIRNIA, AS PER MAP RECORDED IN BOOK 49,
PAGE 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 22, 2000 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 therewith; and
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 RS-A-43,000
(Residential/Agricultural) and the RS-7200 (Residential, Single-Family) Zones to the CL (Commercial,
Limited) Zone.
2. That the subject site is curtently vacant and consists of two parcels, the north portion was
previously developed with a single-family residence that was demolished for the freeway expansion and
the south parcel is a remainder parcel from the Vermont Avenue right-of-way; that the parcels are zoned
RS-7200 and RS-A-43,000 respectively; arid that the Anaheim General Plan designates the north parcel
for Low Density Residential 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 two people spoke at the public hearing in opposition to the proposal; and that letters
of opposition and petitions with approximately 260 signatures opposed to the project were received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000
(Residential/Agricultural) and the RS-7200 (Residential, Single-Family) Zones to the CL (Commercial,
Limited) Zone on a irregularly-shaped 0.195-acre property located on the west side of the intersection of
Cottonwood Circle and Vermont Avenue, having a frontage of 180 feet on the west side of Cottonwood
Circle and a maximum depth of 74 feet, being located 230 feet west of the centerline of Citron Street, and
further described as 867 South Cottonwood Circle; and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
CR3969PK.doc -1- PC2000-70
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described property from the RS-A-43,000
(Residential/Agricultural) and the RS-7200 ~Residential, Single-Family) Zones and to incorporate said
described property into 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 of Anaheim:
That prior to introduction of an ordinance rezoning the subject property, a Lot Line Adjustment Plat
to combine the Vermont Avenue right-of-way parcel with the existing automotive dealership parcel
to the south to create one (1) commercial parcel shall be submitted to the Subdivision Section
(Development Services Division) and approved by the City Engineer and then recorded in the
Office of the Orange County Recorder. Additionally, the developer shall submit an application to
abandon the Vermont Avenue right-of-way. The abandonment will be considered by the City
Council at a public hearing.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may
approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the
procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or
rights granted by this resolution shall become null and void by action of the Planning Commission
unless said condition is complied with within one (1) year from the date of this resolution, or such
further time as the Planning Commission may grant.
3. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLViED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLViED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of
the City Council which shall be a legislative act which may be approved or denied by the City Council at
its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 22, 2000.
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-HAIRPE SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECR TARY, NAHEIM CITY PLANNING COMMISSION
-2- PC2000-70
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 May 22, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SECRETAR , ANAHEIM CITY PLANNING COMMISSION
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