Resolution-PC 2003-36
RESOLUTION NO. PC2003-36
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00087 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 NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOST COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST
QUARTER, WESTERLY 175.00 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION; THENCE WESTERLY 249.25 FEET ALONG SAID NORTH LINE
TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO FRED G.
DALSTROM, ET UX., BY DEED RECORDED FEBRUARY 17, 1932 IN BOOK 530,
PAGE 480 OF OFFICIAL RECORDED; THENCE SOUTH 250.00 FEET TO THE
NORTHWEST CORNER OF TRACT NO. 2473, RECORDED IN BOOK 72, PAGES
27 AND 28 OF SAID MISCELLANEOUS MAPS; THENCE EAST 249.25 FEET TO
THE NORTHEAST CORNER OF SAID TRACT;. THENCE f~IORTH 250.00- -FEET
TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 54, PAGE 3 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COi!NTY.
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on January 13, 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, to hear and consider evidence for and against said Reclassification and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued to the January 27 and February 24, 2003 meetings; 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 County of
Orange C-1 (Commercial) zone to the City of Anaheim CL (Commercial, Limited) or a less intense zone.
2. That the Anaheim General Plan designates subject property for Low Density Residential
and General Commercial land uses; and that the Planning Commission has recommended that the City
Council adopt General Plan Amendment No. 2002-00407, which is pending, to redesignate the westerly
portion of the subject property from Low Density Residential to General Commercial land uses.
3. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community; and that the reclassification will provide for
appropriate commercial uses near the intersection of two major arterial highways.
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 no one indicated their presence at the public hearing on January 13 and January 27,
2003 in favor of the proposal; and that one person representing the West Anaheim Neighborhood
Development Council ("WAND") was present at the February 24, 2003 public hearing and spoke in favor
of the request but relayed some concerns regarding the development proposal.
6. That no one indicated their presence at the public hearing on January 13, 2003 in ,
opposition to the proposal; that two people who were present at the January 27, 2003 public hearing
indicated their opposition to the sale of beer and wine at a convenience market proposed in connection
with Conditional Use Permit No. 2002-04641 which is being processed concurrently with this
Reclassification; and that four people present at the February 24, 2003 public hearing indicated their
opposition to the sale of beer and wine at the proposed convenience market.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the County of Orange
C-1 (Commercial) zone to the CL (Commercial, Limited) or a less intense zone on an irregularly-shaped,
1.7-acre property located at the southwest corner of Ball Road and Brookhurst Street, having frontages of
364 feet on the south side of Ball Road and 230 feet on the west side of Brookhurst Street, and further
described as 1201 South Brookhurst Street (Arco AM/PM Service Station); 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 togekher 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 County of Orange
C-1 (Commercial) Zone and to incorporate said described property into the City of Anaheim CL
(Commercial, Limited) 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. 2002-00087 is contingent upon approval of General Plan
Amendment No. 2002-00407 by the City Council and annexation of the property to the City of
Anaheim.
2. 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 which is being rezoned.
3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, 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 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,
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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
February 24, 2003.
HAIRPERSON PRO TEMPORE
NAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
-CITY OF ANAHEIM - }
I, Eleanor Morris, 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
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AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN W ITNESS W HEREOF, I have hereunto set my hand this -~! day of
2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION