Resolution-PC 2002-94• i
RESOLUTION NO. PC2002-94
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00074 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 PARCEL 4 AS PER MAP FILED IN BOOK 34, PAGE 38 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4 THENCE NORTH
89° 38' 40" EAST, 152.81 FEET; THENCE SOUTH 10° 13' 24" WEST 209.20 FEET TO
A POINT ON THE SOUTH LINE OF PARCEL 4; THENCE WEST ALONG THE
SOUTHERLY LINE OF PARCEL 4 TO THE SOUTHWEST CORNER OF SAID
PARCEL 4; THENCE NORTH ALONG THE WESTERLY LINE OF PARCEL 4 TO THE
POINT OF BEGINNING AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT
RECORDED JUNT 9, 1982, AS INSTRUMENT NO. 82-196740, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 20, 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 to the June 3,
2002 Commission meeting to correct the legal notice to read 0.63 acre instead of 1.21 acres, and to the
June 17, 2002 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 repo~ts 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-2400 (Residential, Multiple-Family) or a less intense zone.
2. That the Anaheim General Plan designates this property for Medium Density Residential
land uses; and that said land use designation allows a maximum density per acre of 36 units, and the
proposed 11-unit complex will have a lower density equival~nt to 17 dwelling units per acre.
3. Tha# the proposed reclassification of subject property is necessary andlor desirabie fior
the orderly and proper development of the community.
4. That the proposed reclassification of subject property properly relates to the zones and
their permitted uses locally established in close proximity to the property and to the zones and their
permitted uses generally established throughout the community; and that reclassification to the RM-2400
zone is complementary to the adjoining RM-1200 zoned apartment complexes to the east and west.
5. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
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-2400 (Residential, Multiple-Family) or a less intense zone to
construct an 11-unit, attached residential condominium project on a 0.63-acre property having a frontage
CR5396DM -1- PC2002-94
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of 150 feet on the south side of Orange Avenue and a maximum depth of 209 feet, being located 809 feet
west of the centerline of Western Avenue, and further described as 3254 West Orange Avenue; 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-2400 (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
the 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.
That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 'l, 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.
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 comptiance
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 a~y cou~t of cornpeter~t 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 Councii which shaii be a iegisiative 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
June 17, 2002.
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CHAIRPER N, ANAHEIM CI LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEfM )
I, Eleanor Fernandes, Secretary of the Anaheim City Pfanning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~.. o~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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