Resolution-PC 2001-62•
RESOLUTION NO. PC2001-62
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2001-00048 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 IMPERIAL HIGHWAY IN TRACT NO. 10409 IN THE CITY
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A
MAP RECORDED IN BOOK 529 PAGES 6 TO 10 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTHERLY LINE OF LOT 29 OF SAID TRACT.
ON THE SOUTH BY THE SOUTHERLY L4NE OF SAID IMPERIAL HIGHWAY.
ON THE EAST BY THE SOUTHERLY. PROLONGATION OF THE EASTERLY
LINE OF SAID LOT 29.
ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID LOT 29.
WHEREAS; ~k~e City Pla~~i~g Com~issio~did hold a public heari~g at ~he ~EVic Center
in the City of Anaheim on May 7, 2001 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 18.03,
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 RS-A-
43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-7200(SC) (Residential,
Single-Family - Scenic Corridor Overlay) Zone.
2. That the Anaheim General Plan designates subject property for General Open Space
land uses, but that General Plan Amendment No. 2001-00392 filed concurrently with this reclassification
to change the land use designation to Hillside Low Density Residential was approved by the Planning
Commission, including the recommendation that City Council adopt said designation.
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 zones and
their permitted uses generally established throughout the community.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR5086PK.DOC -1- PC2001-62
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposaV to reclassify subject property from the RS-A-43,000(SC)
(Residential/Agricultural - Scenic Corridor Overlay} Zone to the RS-7200(SC) (Residential, Single-Famify -
Scenic Corridor Overlay) Zone on an irregularly-shaped 2.9-acre property located at the northeast corner
of Imperial Highway and Via Escola, and having frontages of 811 feet on the north side of Imperial
Highway and 392 feet on the east side of Via Escola; 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 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 RS-A-43,000(SC)
(Residential/Agricultural - Scenic Corridor Overlay) Zone and to incorporate said described property into
the RS-7200(SC) (Residential, Single-Family - Scenic Corridor Overlay) 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 a preliminary title report shall be submitted to the Zoning Division showing the legal vesting of
title, a legal description and containing a map of the property.
2. That completion of these reclassification proceedings is contingent upon approval of General Plan
Amendment No. 2001-00392 (to redesignate this property from the General Open Space land use
desig~ation ~o tk~e Hillside-6ovu DeFlSity Residen#ial-la~d use designation) by-tk~e G[ty Council.
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 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 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, 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
May 7, 2001. ~ ~ ~
CHAIRPEF~ONI19(NAHEIM CITY PLANNING COMMISSION
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ATTEST:
SEC ETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 held on May 7, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ S~day of
, 2001.
!~y./S-~~L~--~
SECRETARY, ANAHEIM CITY_PLAI~I[~1lNG COMMISSIQN
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