Resolution-PC 2002-44•
RESOLUTION NO. PC2002-44
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00067 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 THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID
SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF SECTION 13, SOUTH 89° 59' 15" WEST 110.00 FEET TO THE
SOUTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO
WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3530, PAGE 20, OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID LAST MENTIONED LAND 279.86 FEET TO THE
90lJ~HERLY LINE OF TRACT NO. 2228 AS SHOWN ON A MA~ RECORDED IN
BOOK 69, PAGES 34 THROUGH 37 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, THENCE EASTERLY ALONG SAID LAST MENTIONED
SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN LAND
DESCRIBED IN DEED TO VANDRUFF HOMES, INC., RECORDED MAY 5, 1955 IN
BOOK 3056, PAGE 47 OF SAID OFFICIAL RECORDS, A DISTANCE OF 110.00
FEET TO THE WESTERLY LINE OF SAID EAST 5 ACRES; THENCE SOUTHERLY
ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 25, 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 the hearing was continued
from the February 25 and March 11, 2002 Planning Commission meetings; 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
(Residential/Agricultural) zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone.
2. That the Anaheim General Plan designates the property for Medium Density Residential
land uses.
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 proximiry to subject property and to the zones and
their permitted uses generally established throughout the community.
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5. That one letter in favor of the proposal was submitted by the applicant.
6. That seven people spoke in opposition to the proposal at the public hearing; that two
letters in opposition were received at the hearing; and that a letter in opposition was received from
WAND (the West Anaheim Neighborhood Development Council) prior to the March 25, 2002 meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000
(Residential/Agricultural) zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone on a
rectangularly-shaped 0.57-acre property having a frontage of 110 feet on the north side of Ball Road and
a maximum depth of 227 feet, being located 328 feet west of the centerline of Dale Avenue, and further
described as 2823 West Ball Road; 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
(Residential/Agricultural) zone and to incorporate said described property into the RM-1200 (Residential,
Multiple-Family) 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
~he Citizens of the City of Anaheim:
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Zoning 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 compteted. 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.
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.
BE IT FURTHER RESOLVED that the Anaheim City 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, shatl 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 25, 2002.
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CHAIRPERS , ANAHEIM CI LANNING COMMISSION
ATTEST:
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SECRETARY, 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 March 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL
NOES: COMMISSIONERS: EASTMAN, KOOS
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
G~- P r ~' ~. , 2002.
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SECRETARY, ANAHEI CITY PLANNING COMMISSION
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