Resolution-PC 2003-122•
RESOLUTION NO. PC2003-122
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2003-00107 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 WEST HALF OF THE SOUTHEAST QUARTER OF SECTION
15, TOWNSHIP 4 SOUTH, RANGE 11 WEST S.B.B. & M. DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 15, AND THENCE WEST ALONG THE
SOUTH LINE OF SAID WEST HALF 166.67 FEET; THENCE NORTH PARALLEL TO
THE WEST LINE OF SAID WEST HALF 314.46 FEET TO A POINT ON THE
SOUTHERLY LINE OF THE RIGHT OF WAY OF THE PACIFIC ELECTRIC RAILWAY
COMPANY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE 208.13
FEET TO A POINT ON THE EAST LINE OF THE SAID WEST HALF; THENCE SOUTH
ALONG SAID EAST LINE 188.95 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 August 11, 2003 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) zone to the RM-3000 (Residential, Multiple-Family) or a less intense zone.
2. That the Land Use Element of the Anaheim General Plan currently designates subject
property for General Commercial land uses but the Planning Commission has recommended that City
Council adopt General Plan Amendment No. 2003-00411 to redesignate the 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.
5. That one e-mail was received prior to the public hearing expressing concern regarding the
proposal; that no one indicated their presence at the public hearing in opposition to the proposal; and that
no correspondence was received in opposition.
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-3000 (Residential, Multiple-Family) or a less intense zone on an
irregularly-shaped 0.85-acre property having a frontage of 167 feet on the north side of Ball Road and a
maximum depth of 284 feet, being located 653 feet west of the centerline of Knott Avenue, and further
described as 3601 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
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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 approval of Reclassification No. 2003-00107 is contingent upon approval of General Plan
Amendment No. 2003-00411 by the City Council.
2. 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.
3. That prior to placement of an ordinance rezoning subject property on an agenda for Ciry Council
considerafion, Condition Nos. 1 and 2, 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 completed within one (1) year from the date of this Resolution, or such further time as the
Planning Commission may grant.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
- cor~pties wifh fhe 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
August 11, 2003. /'
N, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 August 11, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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