Resolution-PC 2006-108• ~
RESOLUTION NO: PC2006-108
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0..2006-00189 BE GRANTED ' ` '
'(1881 WEST LINCOLN AVENUE)
WMEREAS, 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,
describetl as follows:
THAT PORTION OF PARCEL2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF :
CALIFORNIA, AS SHOWN ON A MAP ON FILE.IN BOOK 10,'PAGE'35 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER' OF 'ORANGE COUNTY, DESCRIBED, AS
FOLLOWS: ,
: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 2 AS SHOWN ON 'SAID '
' PARCEL MAP; THENCE SOUTH 00° 08' 37" EAST 404.31 FEET ALONG THE EASTERLY LINE '
OF SAID PARCEL 2 T0 THE TRUE POINT OF BEGINNING; SAID LINE ALSO' BEING THE
WESTERLY LINE OF CRESCENT WAY AS SHOWN ON SAID PARCEI~ MAP; THENCE NORTH'
89° 30' 39" WEST: 245.01 FEET; l'HENCE SOUTH 00° 08' 3T' EAST 165.01 FEET TO THE
NORTHERLY. LINE OF LINCOLN AVENUE AS SHOWN ON SAID MAP; THENCE NORTH` 89°
30' 39" WEST 531.52 FEET ALONG THE`SAID NORTHERLY LINE SAID NORTHERLY"LINE
ALSO BEING THE SOUTHERLY LINE OF SAID PARCEL 2 AS SHOWN ON SAID PARCEL MAP
TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
25.00 FEET; THENCE NORTHWESTERLY ALONG BAIQ CURVE THROUGH A CENTRAL
ANGLE OF 89° 28' L5" AN ARC DISTANCE OF 39.04 FEET TO A POINT ON THE EASTERLY '
LINE OF MULLER STREET AS SHOWN ON SAID MAP; THENCE NORl'H 00° 02' 24" WEST
544.54 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 89°
30' 39" EAST 800.28 FEET TO;fHE TRUE POINT OF BEGINNING. THE AREA' OF THE ABOVE
DESCRIBED PARCEL OF LAND IS 9.534 ACRES.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 2T, 2006, at 2:30 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 "Procedures", to
hear and consider evidence for and against said proposed reclassification and #o investigate and make findings
and recommendations in connection therewith; and that said :
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 applicant proposes reclassification of Portion A of the subject property from the GG
(General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north and
west for Low-Medium Density Residential land uses. The RM-3 zone is a typical implementation zone for this
land use designation and the proposed reclassification would implement the General Plan land use designation
for this property.
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 the north, south and west of the subject property and to
the zones and their permitted uses generally establishedthroughout the community.
CR\PC2006-108 -1- PC2006-108
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5. That no one indicated their p~esence at said public hearing in opposition; and that no -
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim`Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding 4hat
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 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 GG (General Commercial) zone and
incorporate said described property into the RM-3 (Multiple-Family Residential) zone, upon the following
conditions'which are hereby found to be a necessary prerequisite to the proposed use ofisubject property in
order to preserve the health and safety of the Citizens ofthe City of Anaheim:
1. That prior to introduction of an ordinance rezoning Portion A of the 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 prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Na 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 saitl conditions are complied with
within one (1) year from the date of this cesolution, 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 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.
4. That timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original intent and <
purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitmentby the City to rezone, Portion A of the slabject 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 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 4his Resolution, and any
approvals herein contained, shall be deemed null and void.
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PC2006-108
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' BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related fo
the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure
to pay all charges shail result in delays in the issuance of required permits or the revocation of the approvaF of
this application.
THE fOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 27, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures a a r placed by a C Council
Resolution in the event of an appeaL
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CHAIRM , ANAHEIM PLANNING COMMISSION
ATTEST: '
./c~~.~r-~z..r ~'L~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '
STATE OF CAGFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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
November 27; 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ Z T~ day of ~~ c~r+? ~tr,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION