Resolution-PC 2001-69• ~
RESOLUTION NO. PC2001-69
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2001-00051 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:
PARCEL A: LOT 1 OF TRACT NO. 1157, AS PER MAP RECORDED IN BOOK 40, PAGES
34 AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CAUFORNIA.
PARCEL B: THAT PORTION OF BLOCK "C" OF KROEGER'S SUBDIVISION OF
VINEYARD LOT "D-1" ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE
34 OF MfSCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTHERLY LINE OF SAID BLOCK "C" AT A POINT 2.50 FEET
WESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID BLOCK "C"; THENCE
NORTHERLY PARALI.EL TO THE EASTERLY LINE OF SAID BLOCK "C", 135 FEET TO
THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO FRED SAMUEL AND
WIFE BY DEED RECORDED APRIL 27, 1946 IN BOOK 1402, PAGE 455 OF OFFICIAL
- RECORDS; THENCE WES~ER~Y ALONG THE SQUTHER~Y L{NE O~-S~41D LAND OF
FRED SAMUEL, A DISTANCE OF 9915 FEET TO THE NORTHEASTERLY CORNER OF
LOT 1 OF TRACT NO. 1157, AS SHOWN ON A MAP RECORDED IN BOOK 40, PAGES 34
AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1 OF SAID TRACT
NO. 1157, A DISTANCE OF 135 FEET TO THE SOUTHERLY LINE OF SAID BLOCK "C";
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK "C" TO THE
POINT OF BEGINNING.
PARCEL C: LOT 2 OF TRACT NO. 1157, AS SHOWN ON A MAP RECORDED IN BOOK
40, PAGES 34 AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCELS 1 AND 6 IN THAT
CERTAIN QUITCLAIM DEED TO THE CITY OF ANAHEIM RECORDED JANUARY 26,
19990 AS INSTRUMENT NO. 90-048030 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
PARCEL D: LOT 3 OF TRACT NO. 1157, AS SHOWN ON A MAP RECORDED IN BOOK
40, PAGES 34 AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 1 IN THAT
CERTAIN QUITCLAIM DEED TO THE CITY OF ANAHEIM RECORDED JANUARY 26,
1990 AS INSTRUMENT NO. 90-048030 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
WHEREAS, the City Planning Commission did hotd a public hearing at the Civic Center in
the City of Anaheim on June 4, 2001 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
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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 RM-1200
(Residential, Multiple-Family) and CL (Commercial, Limited) Zones to the CO (Commercial, Office and
Professional) Zone.
2. That the Anaheim General Plan designates subject property for Medium Density Residential
land uses but that the Planning Commission has recommended approval of a general plan amendment to
change the land use designation to General Commercial; and that the property is located within the Alpha
Downtown Redevelopment Project Area and the Anaheim Colony Historic District.
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 no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
- C-f~ttFORRIIR ENbIRONMENTRL QUALITY AC~-FINDIId6: That the A~tahefm Gity Planning-
Commission has reviewed the proposal to reclassify subject property from the RM-1200 (Residential,
Multiple-Family) and CL (Commercial, Limited) Zones to the CO (Commercial, Office and Professional) Zone
to permit construction of a three-unit office building on a rectangularly-shaped 0.66-acre property located at
the northwest corner of Lincoln Avenue and East Street, with frontages of 230 feet on the north side of
Lincoln Avenue and 125 feet on the west side of East Street, and further described as 1025 -1109 East
Lincoln Avenue; 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.
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 RM-1200 (Residential, Multiple-
Family) Zone and the CL (Commercial, Limited) Zone and to incorporate said described property into the CO
(Commerciaf, Office and Professional) 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:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a
map of the property.
2. That a lot line adjustment plat to combine the existing lots such that any new building lies completely
within one (1) parcel shall be submitted to the Subdivision Section (Development Services Division) of
the Public Works Department and approved by the City Engineer and then recorded in the O~ce of the
Orange County Recorder.
3. That this reclassification is granted subject to adoption of General Plan Amendment No. 2001-00394 by
the City Council.
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4. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 2 and 3, 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 conditions are
complied with within one (1) year from the date of this resolution, or such further time as the Planning
Commission may grant.
5. 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 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 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 RESOLVED, 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 June
4, 2001. ~ ~ ~
CHAIRPERSON, AI~F~iEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 June 4, 2001, 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 ~t~ ~ day of
~, ~ v~ 2 , 2001.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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