Resolution-PC 2002-74•
RESOLUTlON NO. PC2002-74
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00072 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification of certain real property situated in the City of Anaheim, County of Orange, State of
California, described as follows:
THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID WEST ONE-HALF, 100
FEET WEST ON THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG
SAID SOUTH LINE 100 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE
OF SAID WEST ONE-HALF, 365 FEET TO THE NORTH LINE OF THE LAND
CONVEYED TO BOLLY B. BOYKIN AND WIFE, BY DEED RECORDED DECEMBER
24, 1948 IN BOOK 1779 PAGE 81, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EAST ALONG THE
NORTH LINE OF SAID LAND CONVEYED TO BOYKIN AND WIFE, 100 FEET,
THENCE SOUTH 365 FEET TO THE POINT OF BEGINNING.
NOTE:. SAI.D LAND IS SHOWN ON A MAP OF SURVEY, RECORDED NOVEMBER
26, 1948 IN BOOK 20 PAGE 7, RECORD OF SURVEYS, 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 20, 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 May
6, 2002, Planning Commission meeting in order to re-advertise the proposal to add a waiver to Variance
No. 2002-04499 which was filed in conjunction with this reclassification; 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) zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone.
land uses.
2. That the Anaheim General Plan designates this property for Medium Density Residential
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 the proposed reclassification of subject property requires the dedication and
improvement of the abutting street (Ball Road) in accordance with the Circulation Element of the General
Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use.
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6. That five people spoke in favor of the proposal at the public hearing; that three letters in
favor were received from an adjacent neighbor, CHOC-Choco Realty Corporation and the Orange County
Community Housing Corporation; and that a petition containing 46 signatures was submitted in favor of
the proposal.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence in opposition was 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) zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone on a
rectangularly-shaped 0.77-acre parcel having a frontage of 100 feet on the north side of 8all Road and a
depth of 335 feet, being located 465 feet east on the centerline of Dale Avenue, and further described as
2761 West Ball Road; 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-1200 (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 prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
submitted 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 Nos. 1 and 4, herein-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 Anaheirn 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.
4. That an unsubordinated convenant shall be recorded on the property restricting its use to either
special needs (as approved under Variance No. 2002-04499 considered in conjunction with this
reclassification) or senior citizen's housing; provided, however, if the development changes from a
specia/ needs project to a senior citizen's or other similar type of multipfe-family housing, said
change shall be subject to review and approval by the Planning Commission ai a noticed pubiic
hearing. Said covenant shall be reviewed and approved as to form by the City Attorney's office, and
then recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall
be submitted to the Zoning Division.
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.
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SE 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
May 20, 2002.
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CHAIRPERSO ANAHEIM CITY ANNING COMMISSION
ATTEST:
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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 May 20, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EA~~~VIAN, KOOS, VANDERBfCT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ d day of
~ U v~ 2 , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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