Resolution-PC 2002-34~ ~
RESOLUTION NO. PC2002-34
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2001-00066 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 1: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID SOUTHWEST QUARTER,
SAID POINT LYING DISTANT NORTH 0° 17' 20" EAST 850.70 FEET ALONG SAID LINE
FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89° 59' 50" EAST, 179.00 FEET TO THE BOUNDARY OF TRACT 1446, AS
SHOWN ON MAP RECORDED IN BOOK 72, PAGE 5& 6 OF MISCELLANEOUS MAPS
OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0° 17' 20" WEST ALONG SAID
BOUNDARY 60.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE SOUTH
89° 58' 55" WEST ALONG SAID BOUNDARY 179.00 FEET TO SAID WESTERLY LINE
OF THE SOUTHWEST QUARTER; THENCE NORTH 0° 17' 20" EAST ALONG SAID
WESTERLY LINE 60.06 FEET TO THE POINT OF BEGINNING
PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID SOUTHWEST QUARTER,
SAID POINT LYING DISTANT NORTH 0° 17' 20" EAST 850.70 FEET ALONG SAID LINE
FROM THE SOUTHWESTERLY CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89° 59' 50" EAST 179.00 FEET TO THE BOUNDARY OF TRACT 1446, AS
SHOWN ON A MAP RECORDED IN BOOK 72, PAGES 5& 6 OF MISCELLANEOUS
MAPS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 17' 20" EAST ALONG
SAID BOUNDARY 80.00 FEET TO AN ANGLE POINT THEREIN, SAID POINT LYING IN
THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED JOHN L. NEFF AND
WIFE, RECORDED NOVEMBER 29, 1950 IN BOOK 2130, PAGE 435 OF OFFICIAL
RECORDS; THENCE SOUTH Ov 17' 20" WEST ALONG SAID WESTERLY LINE 80.00
FEET TO THE POINT OF BEGINNING
PARCEL 3: THE SOUTHERLY 140 FEET OF THE WESTERLY 310 FEET OF THE
NORTHERLY 390.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUART'ER OF SECTION 18, TOWfVSHiP 4 SOUTH, RANGE 'i0 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 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 March 11, 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
from the February 11, 2002 Planning Commission meeting; 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 RS-A-43,000
(Residential/Agricultural) to the RM-3,000 (Residential, Multiple-Family) zone
2. That the Anaheim General Plan designates the property for Low Medium Density
Residential land use.
3. That the proposed reclassification of the property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification does properly relate to the zones and their permitted
uses locally established in close proximity to the subject property and to the zones and their permitted
uses generally established throughout the community.
5. That the applicant submitted 10 letters and a petition with 3 signatures in favor of the
proposal.
6. That one person spoke in favor of the proposal at the public hearing on March 11, 2002,
but expressed concerns regarding the proposed fence.
7. That ane person spoke at the public hearing on It~larch 11, 2002, with concerns regarding
the proposal, and two people spoke in opposition to the request; and that six people spoke in opposition
to the proposal at the public hearing on February 11, 2002, three of whom represented the West Anaheim
Neighborhood Development Council (WAND), and that concerns were raised pertaining to the number of
homes, visual intrusion, lack of an adequate landscaped setback along Magnolia Avenue and that too
many waivers were being requested.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify to the property from the RS-A-43,000
(Residential/Agricultural) zone to the RM-3000 (Residential, Multiple-Family) zone and to construct a 12-
unit detached one-family residential condominium subdivision with waivers of maximum structural height
within 150 feet of a single-family residential zone, minimum structural setback abutting an arterial
highway, minimum landscaped setback abutting a single-family residential zone, minimum distance
between building walls, maximum fence height and minimum private street standards on an irregularly-
shaped 1.3 acre property having a frontage of 280 feet on the east side of Magnolia Avenue and a
maximum depth of 260 feet, being located 120 feet south of the centerline of Rome Avenue, and further
described as 820-824 South Magnolia 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 RS-A-43,000
(Residential/Agricultural) Zone and to incorporate said described property into the RM-3000 (Residential,
Multiple-Family) 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 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.
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That prior to placement of an ordinance rezoning subject property on an agenda for City Councii
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 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 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
March 11, 2002.
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CHAIRPER N, ANAHEIM C PLANNING COMMISSION
ATTEST:
,~~~t'y"8~-- ~
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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~- S~~ day of
//~a2~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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