Resolution-PC 2002-163•
RESOLUTION NO. PC2002-163
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00080 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:
THAT PORTION OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER
DISTANT NORTH 0° 09' 10" EAST 1000.00 FEET FROM THE WEST QUARTER
CORNER OF SAID SECTION; THENCE CONTINUINING ALONG SAID WEST LINE
NORTH 0° 09' 10" EAST 290.00 FEET TO A POINT IN THE SOUTHERLY BOUNDARY
OF THE LAND DESCRIBED IN PARCEL 1 OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED APRIL 15, 1964, IN BOOK 7006, PAGE(S) 63, 64 AND
65 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH
0° 09' 1Q° W€~T 29U.00 FEE~ TO AN fl~1GLE POINT IN--SALD S_OUTHEBLY _ _
BOUNDARY LINE; THENCE SOUTH 89° 51' 10" WEST ALONG THE WESTERLY
PROLONGATION OF THE MOST SOUTHERLY LINE OF SAID PARCEL 1 A DISTANCE
OF 464.89 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 9, 2002 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 that the hearing was continued to the November
4, 2002 Planning Commission meeting; 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 (O)
(Residential/Agricultural - Oil Production Overlay) Zone to the RM-3000(O) (Residential, Multiple-Family - Oil
Production Overlay) Zone or a less intense zone.
2. That the Anaheim General Plan designates subject property for Low-Medium 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.
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5. That five people spoke at the public hearing in opposition to the proposal; and that nine
letters in opposition were received pertaining to the impacts to Rio Vista Elementary school, traffic, parking
and density.
6. That one concerned person spoke at the public hearing in favor of the proposal; and that the
principal of Rio Vista Elementary School spoke at the public hearing and indicated they are not opposed to
the proposal, but relayed some concerns and suggestions.
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(O)
(Residential/Agricultural - Oil Production Overlay) to the RM-3000(O) (Residential, Multiple-Family - Oil
Production Overlay) Zone or a less intense zone to establish a 28-unit residential condominium subdivision
on a rectangularly-shaped 2.9-acre property having a frontage of 290 feet on the on the east side of Rio
Vista Street, a maximum depth of 434 feet and being located 130 feet north of the centerline of Dutch
Avenue, and further described as 226-230 North Rio Vista Street; 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 fu~ther 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 RS-A-43,000(O)
(Residential/Agricultural - Oil Production Overlay) Zone and to incorporate said described property into the
RM-3000-(a} (Resider~tiaf, ivlutt~{~fe-Familp- Oil Proetuc~io~ Overlay) Zane-upo~ 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 tile 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 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 conditions are
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 RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resotution 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 4, 2002.
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CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEfM )
I, Eleanor Morris, 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 November 4, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
o/[r-~ tr, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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