Resolution-PC 2002-137. •
RESOLUTION NO. PC2002-137
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00081 BE GRANTED
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 26, 2002 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 that said public hea~ing was continued to the September 9, 2002
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 RM-1200 and RM-1000
(Residential, Multiple-Family) zones to the CL (Commercial, Limited) zone; and
2. That General Plan Amendment No. 2002-00405 proposed in conjunction with this
reclassification would redesignate the subject property for General Commercial land uses; and
3. That the proposed reclassification of subject property is necessary and/or desirable for the
order-Iq and proper developr-~ent o~ ~k~€ corx~m~ni. -ty-; and.
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; and
5. That the proposed reclassification of subject property requires the dedication and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated increase in traffic which will be generated by the intensification of land use; and
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition; and that two people spoke in favor of the subject
request (1 represented West Anaheim Neighborhood Development Council [WAND], and 1 represented the City
of Buena Park who spoke in favor, but relayed some concerns.)
CALiFORN9A ENVIRONMENTAL QUALITY ACT FlNDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the RM-1200 and RM-1000
(Residential, Multiple Family) zones to the CL (Commercial, Limited) zone on a site thaf consists oT muifiple
properties with a combined area of approximately 30 acres and is located north and east of the northeast corner
of Beach Boulevard and Lincoln Avenue, having a frontage of 1,150 feet on the east side of Beach Boulevard
and 490 feet on the north side of Lincoln Avenue (200 - 328 North Beach Boulevard and 2951 - 2961 West
Lincoln Avenue); and does hereby approve Previously-Certified Final EiFt fior the Wes4 Anaheim Commerciai
Corridors Redevelopment Project, along with the Addendum and the Associated Mitigation Monitoring Plan No.
119 upon finding that the declaration reflects the independent judgrnent of the lead agency and that it has
considered the Previously-Certified Final EIR for the West Anaheim Commercial Corridors Redevelopment
Project, along with the Addendum and the Associated Mitigation Monitoring Plan No. 119 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.
C R5459DM -1- PC2002-137
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the Petition for Reclassification No. 2002-00081 to authorize an amendment to the Zoning Map
of the Anaheim Municipal Code to exclude the above-described property from the RM-1200 and RM-1000
(Residential, Multiple-Family) Zone and to incorporate said described property into the CL (Commercial, Limited)
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 an unsubordinated restricted covenant providing reciprocal access and parking, approved by the
City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City
Attorney, shall be recorded with the O~ce of the Orange County Recorder. A copy of the recorded
covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the
covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral
parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural
control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in
the property.
2. That the owner/developer of the property shall negotiate and execute a Disposition and Development
Agreement ("DDA") with the City of Anaheim Redevelopment Agency. Said agreement shall be recorded
in the Office of the Orange County Recorder.
3. That approval of this Reclassification No. 2002-00081 is granted subject to the approval of General Plan
Amendment No. 2002-00405.
4. That prior to introduction of an ordinance rezoning the subject property, Condition No. 1, above-
- mentioned, shall ae eomplied-with.
5. 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 requirs 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
September 9, 2002.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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~
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 September 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2 y~ day of e'~~~ 6~r,
2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC2002-137