Resolution-PC 2004-88~ ~
RESOLUTION NO. PC2004-88
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THATPETITION FORRECLASSIFICATION N0.,2004-00126 BE GRANTED
(1429 WEST CRONE AVENUE)
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:
THE EAST 70 FEET OF THE WEST 280 fEET OF THE SOUTM 300 FEET OF THE WEST
HALF OF THE SOUTHC/VEST QUARTER OF LOT 48 OF THE ANAHEIM EXTENSION, JN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP '
OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE
163, ET SEQ. ENTITLED "LOS ANGELES COUNTY.MAPS".
EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE NORTH LINE OF THAT
STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO THE CITY OF ANAH~IM BY DEEDS
RECORDED MARCH 2, 1908 IN BOOK 157, PAGES 334 AND IN BOOK 157, PAGE 335
OF DEEDS RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 9, 2004 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 18.60, 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 T(Transition) zone to
the RS-2 (Residential, Single-Family} zone or less intense zone.
2. That the Anaheim General Plan designates subject property for Residential Low 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 is consistent with the Residential Low land use designation
for the property and 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 2 people spoke with concerns regarding parking; and that no correspondence was
received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassification of the subject property from the T(Transition)
(formerly RS-A-43,000 (Residential/Agricultural)) zone to the RS-2 (Single-Family Residential) zone; 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.
CR\PC2004-088
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendmenttothe Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the T zone and to incorporate said
described property into the RS-2 zone upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of subject praperty in order to,preserve thesafety and general welfare of the '
citizens of the City of Anaheim: ,
1. 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,
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 18.60.140 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 oniy 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 decfared
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.
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 condition, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, ,
2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, 'Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and e replace ~ b ~ty Council Resolution in
the event of an appeal. ` -
CHAIRPERSON, ANA EIM CITYPLANNING COMMISSION
ATTEST:
/T '
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2004-88
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that#he foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held onAugust 9, 2004, by the following vote of the members thereof: ~
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~O ~' day of ~ uq uS 'G~ ,
2004. ~'
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION