Resolution-PC 2003-156u
RESOLUTION NO. PC2003-156
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2003-0012 (AREA 1) BE GRANTED
WHEREAS, on October 6, 2003 the Anaheim City Planning Commission did initiate this
petition for Reclassification on behalf of the Anaheim Colony Neighborhood Council for reclassification of
certain real properties located in the "5 Points Neighborhood" bounded by Lincoln Avenue on the north, West
Street on the east, Broadway on the south, and the I-5/Santa Ana Freeway and Cherry Street on the west,
and situated in the City of Anaheim, County of Orange, State of California, and described as Areas 1, 2 and
3 as shown on Exhibit A attached hereto and labeled "Reclassification No. 2003-0012"; and
WHEREAS, the proposed reclassification consists of the following:
Area 1: CG (Commerciaf, General) Zone to the RS-5000 (Residential, Single-Family) or a less intense
single-family residential zone;
Area 2: RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single-Family) or a less
intense single-family residential zone;
Area 3: CG (Commercial, General), PD-C (Parking District - Commercial), RM-2400 (Residential, Multiple-
Family) and RM-1200 (Residential, Multiple-Family) Zones to the RS-7200 (Residential, Single-
Family) or a less intense single-family residential zone; and
WHEREAS, in order to ensure that zoning actions which grant a reduction of density on
residentially zoned properties are consistent with the City's General Plan, including the Housing Element as
approved by the California Department of Housing and Community Development, the Planning Commission
utilizes the methodology set forth in Government Code Section 65863, although it is believed that said
section is not applicable to Anaheim as a charter city; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 17, 2003 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 "5 Points Neighborhood" is developed primarily with single-family dwellings
including some second units and granny units (which may or may not conform with Code regufations), and
some multiple-family units and vacant parcels.
2. That the Anaheim General Plan designates the properties within Area 1 for General
Commercial Land Uses but that a general plan amendment is pending in connection with the Recommended
Land Use Alternative of the General Plan Update, currently under preparation, which will, if approved,
designate the properties within Area 1 for Low Density Residential Land Use; and that the proposed RS-
5000 (Residential, Single-Family) zoning is consistent with the density range for said land use designation.
3. That the proposed reclassification of subject properties is necessary and/or desirable for the
orderly and proper development of the community.
CR\PC2003-156.doc -1- PC2003-156
Attachment: Exhibit A
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4. That the proposed reclassification of subject properties does properly relate to the zones and
their permitted uses locally established in close proximity to subject properties and to the zones and their
permitted uses generally established throughout the communiry.
5. That the proposed reduction in density of 12 units in Area 1 is consistent with the General
Plan as proposed to be amended, including the Housing Element, and that the remaining sites identified in
the Housing Element are adequate to accommodate the City's share of the regional housing needs, as there
will be no net loss of Housing Opportunity Sites resulting from the proposed reclassification, as analyzed in
paragraphs (17) through (21) of the Staff Report to the Planning Commission dated November 17, 2003;
and
WHEREAS, six people spoke in favor of the subject proposal at the public hearing, and a
petition containing 38 signatures favoring the proposal was received during the meeting and three letters
were received in support of the request; and
WHEREAS, two people indicated their presence at the public hearing in opposition to the
proposal, and no correspondence was received in opposition; and
WHEREAS, the Planning Commission did separately act upon this Reclassification as it
pertains to Area 2 and, by its Reso~ution No. PC2003-157, did approve said Reclassification to rezone said
properties from the RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single-Family)
Zone, unconditionally.
WHEREAS, the Planning Commission did separately act upon this Reclassification as it
perfains fo Area 3 and, 6y its Res~ilutib~ No. PC2003-1 ~8, did approve said-Reclassif~cation to rezone said
properties from the CG (Commercial, General), PD-C (Parking District - Commercial), RM-2400 (Residential,
Multiple-Family) and RM-1200 (Residential, Multiple-Family) Zones to the RS-7200 (Residential, Single-
Family) Zone, unconditionally.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal to reclassify
subject properties identified as Areas 1, 2 and 3 on the location map attached to the Staff Report to the
Planning Commission dated November 17, 2003 and consisting of approximately 12.5 acres within a larger
area known as the "5 Points Neighborhood" located between Lincoln Avenue and Broadway, and bordered
by the I-5/Santa Ana Freeway and Cherry Street on the west and by West Street on the east; and that Area
1, more specifically described as 1.3 acres located between Lincoln Avenue and Center Street and having a
frontage of 340 feet on the north side of Center Street and being located approximately 535 feet west of the
centerline of West Street, is proposed to be rezoned from the CG (Commercial, General) Zone to the RS-
5000 (Residential, Single-Family) or a less intense single-family residential zone; and that Area 2, more
specifically described as 0.7 acres located at the northwest corner of Broadway and Walnut Street and
having a frontage of 245 feet on the west side of Walnut Street and a maximum depth of 175 feet, is
proposed to be rezoned from the RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential,
Single-Family) or a less intense single-family residential zone; and that Area 3, more specifically described
as 10.5 acres located between Center Street on the north, West Street on the east, 8roadway on the south,
and Cherry Street and the I-5/Santa Ana Freeway on the west, is proposed to be rezoned from the CG
(Commercial, General), PD-C (Parking District - Commercial), RM-2400 (Residential, Multiple-Family) and
RM-1200 (Residential, Multiple-Family) Zones to the RS-7200 (Residential, Single-Family) or a less intense
single-family residential zone; and that subject properties are further described as 1101 to 1145 West
Broadway, 1100 to 1224 West Center Street, 1207 to 1229 West Center Street, 114 to 122 South Cherry
Street, 1114 to 1132 West Chestnut Street, 1115 to 1133 West Chestnut Street, 1200 to 1229 West Lincoln
Avenue, 110 to 214 South Walnut Street, 115 to 213 South Walnut Street, and 115 to 215 South West
Street; and that the Anaheim City Planning Commission 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the subject Petition for Reclassification as it pertains to Area 1 to authorize an amendment to
the Zoning Map of the City of Anaheim to exclude the above-described properties from the CG (Commercial,
General) Zone and to incorporate said described properties into the RS-5000 (Residential, Single-Family)
Zone, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed
use of subject properties in order to preserve the safety and general welfare of the Citizens of the City of
Anaheim:
That approval of Reclassification No. 2003-00112 as it pertains to Area 1 is contingent upon adoption by
the City Council of a general plan amendment designating the subject properties within Area 1 for Low
Density Residential Land Use; and that the Recommended Land Use Alternative of the pending General
Plan Update will, if approved, designate the properties within Area 1 for Low Density Residential Land
Use. If the Land Use Element of the Anaheim General Plan is not so-amended, this approval for
Reclassification of the subject properties within Area 1 shall be null and void.
That prior to placement of an ordinance on the City Council agenda to rezone the subject properties
located in Area 1, 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 (Effect of City Council's Failure to Adopt Rezoning
Ordinance) 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 completed within one (1) year from the
date of this Resolution, or such further time as the Planning Commission may grant.
BE IT FURTHER RESOLVED that any new multiple-family residential project in Area 1
which has received a va(id 6uilding permit o~ whic~i is ir~ pr~n ~Y~~ckin the Buitding Div~sion-as of 5 p.m. an--
November 17, 2003, shall be permitted provided that said project is in compliance with all applicable existing
multiple-family residential development standards, and further provided that: (i) for any project that received
a valid building permit as of 5 p.m. on November 17, 2003, construction shall have commenced and shall be
completed within a period of three hundred sixty five (365) days from the date the building permit was issued,
unless said time period is duly extended by the Building Official; and (ii) for any project that is in plan check
as of 5 p.m. on November 17, 2003, a valid building permit shall have been obtained within a period of one
hundred eighty (180) days from the date of this Resolution and construction shall have commenced and shall
be completed within a period of three hundred sixty five (365) days from the date the building permit is
issued, unless said time period is duly extended by the Building Official.
8E IT FURTHER RESOLVED 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 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 properties; 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
November 17, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
NIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this _L~ day of
, 2003.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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