Resolution-PC 2006-72. ~
' RESOLUTION NO. PC2006-72
'` A RESC~LUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2006-00181 BE GRANTED
(3211 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
' Reclassification for rea( property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE NORTH 135.00 FEET OF THE SOUTH 175.00 FEET, MEASURED AT RIGHT ANGLES, ,
OF THAT PORTION OF THE SOUTHEAST '/4 OF THE SOUTHWEST '/4 OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF ' CALIFORNIA, AS SHOWN ON A MAP
: RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY OF ORANG~ OF SAID'COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST'/4 OF THE SOUTHWEST
'/4 THENCE SOUTH 89° 42' 10" WEST 297.69 FEET ALONG THE ' SOUTH LINE OF SAID
SOUTHWEST'/4 TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO J. K. DOYLE
AND WIFE, BY DEED REGORDED APRIL 21, 1953 IN BOOK 2490, PAGE 157, OFFICIAL
RECORDS; THENCE NOR7H 3° 05' 35" WEST 216.59 FEET ALONG THE WEST LINE OF
'SAID LAND CONVEYED TO DOYLE TO AN ANGLE POINT THEREIN; THENCE NORTH 0° 29'
31" WEST 144.02 FEET ALONG SAID WEST LINE TO AN ANGLE POINT THEREIN; TMENCE
NORTH 89° 41' 55" . EAST 309.06 FEET TO A POINT IN THE EAST LINE OF SAID
SOUTHEAST'/< OF THE SOUTHWEST'/4 NORTH 0° 14' S0" WEST 360.28 FEET FROM THE
POINT.OF BEGINNING; THENCE SOUTH 0° 14' 50" EAST 360.28 FEET TO SAID POINT OF
BEGINNING. EXCEPT THE EAST 163.00 FEET THEREOF, MEASURED AT RIGHT ANGLES
FROM THE EASTERLY UNE THEREOF, SA1D LAND 1S SHOWN ON A MAP FfLED FOR
RECORD IN BOOK 67, PAGE 28 OF RECORD OF SURVEYS, W THE OFFICE OF THE
COUNTY RECORDER ~F SAID COUNTY.
WHER~AS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on August 21, 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 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 applicant proposes reclassification of subject property from the GG (General
Commercial) zone to the RM-3 (Multiple-Family Residential), or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north, west,
and east 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 result in an increase in the City's housing
stock and would be consistent with the goals and policies contained in the Housing Element.
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 zores and their permitted
uses generally established throughouf the community. ;
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5. That no one indicated their presence 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 theNegative Declaration upon finding that
the declarationxeflects the independent judgment ofthe lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process an~ further finding on the
`basis of the initial study and ~ny 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 RPClassi~cation to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above-described property from the GG (General Com~nercial) Zone and to'
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 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 prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be compfeted. 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 completion of tf:ese reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2006-05120 and Tentative Tract Map No. 17019.
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. Approva( 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 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 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.
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BE IT FURTHERRESOLVED that the applicant isresponsible for paying all charges related to
the processing ofthis discretionary case application within 15 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 FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 21, 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 and mayb p ed by a City Council Resolution
in the event of an appeaL
' HAIRMAN, AN HEI LANNING COMMI ION :
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNWG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ",) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
#he foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
August 21, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~'Z~em.t~qA
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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