Resolution-PC 2005-6~ ~
RESOLUTION NO. PC2005-6
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFIGATION NO. 2004-00136 BE GRANTED
(221 AND 311 NORTH BEACH BOULEVARD)
WHEREAS, the Anaheim 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 NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER 0F THE SOUTH
EAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH,' RANGE 11 `WEST, IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORpS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING:
PARCEL A: THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER ,
' OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH; RANGE 11 WEST,
SAN BERNARDO MERIDIAN, INCLUDED WITHIN A STRIP OF LAND 110 FEET WIDE LYING
55 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 (THE WEST LINE OF
SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS SOUTH 0°-09' 50" EAST, FROM SAID
SOUTHEST CORNER); THENCE ALONG THE EAST LINE OF SAID SECTION 11, (SAID EAST
LINE BEING ALSO THE CENTERLINE OF STANTON AVENUE, 60 FEET WIDE, AS '
DECLARED BY ACTION OF BOARD OF SUPERVISORS OF SAID COUNTY), NORTH 0° 11'
10" WEST, A DISTANCE OF 612.23 FEET; THENCE NORTHERLY ALONG A CURVE
CONCAVE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A
RADIUS OF 2527.00 FEET, THROUGH AN ANGLE OF 19° 58' 50", AN ARC DISTANCE OF
881.23 FEET.
PARCEL B: THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 11 LYING EASTERLY OF THE ESTERLY
LINE OF THE ABOVE-DESCRIBED 110-FOOT STRIP OF LAND.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 100016-1 OF
THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 785-
147, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 29, 1998 AS
INSTRUMENT NO. 19980898638 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on December 13, 2004, at 2:00 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 that said public hearing was continued to the January 10, 2005,
Planning Commission meeting; 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 GG (General _
Commercial) zone to the RM-3 (Residential, Multiple-Family) or a less intense zone.
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2. That in conjunction with therecently approved Citywide General Plan Update, the City Council
adopted General Plan Amendment No. 2004-00419, which redesignated subject properties from the General
Commercial land use designation to the Low-Medium Density Residential land use designation; and that the
proposed reclassification would be'consistent with the Low-Medium Density Residential land use designation.
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 and associated zoning entitlements would create additional '
housing opportunities that would serve to meet the high demand for entry level housing within the community. -
5. That Katherine Smith, a board member on the Anaheim Union High School District indicated her
concerns with potential impacts to the schools in the vicinity of the project at said public hearing; and that no
correspondence was received in opposition to the subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY AGT FINDING: That the Anaheim Planning Commission
has reviewed the proposal to reclassify the properties from the GG zone to the RM-3 or a less intense 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve thesubject Petition for Reclassification to authorize an amendment fo the Zoning Map oftHe Anaheim
Municipal Code to exclude the above-described properties from the GG zone and to incorporate said described ,
property into the RM-3 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 health and safety 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 Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That the property owner shall submit a letter requesting termination of Variance No. 721 (to permit the sale
and display of building stone), Variance No. 1145 (to erect a temporary subdivision sign), Conditional Use
Permit No. 1230 (to permit a 218-space travel trailer park with waiver of minimum required front setback),
Conditional Use Permit No. 2853 (to permit a drive-in, drive-through restaurant with car hops) and Variance
No. 4342 (waiver of permitted identification signs in the RS-A-43,000 Zone to construct a 60-square foot
monument sign) to the Development Services Division.
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 18.60.140 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.
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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all
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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 properfy; any such rezoning shall require an ordinance of the City Council,
which shall be a Jegislative act; which may be approved or denied by the City Council at its sole discretion.
BE IT FURTHER RESOLVED'thafthe applicant is responsible for paying all chargesrelated to the
processing of this discretionary case application within 7;days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREG0ING RESOLUTfON was adopted at the Planning Commission meeting of January
10, 2005. 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 eplace . b City Council Resolution in
the event of an appeaL ~
CHAIRMAN, AN IM PLANNING COMMISSION -.
7T T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
~ COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN W ITNESS WHEREOF, I have hereunto set my hand this _~f ;~~day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION