Resolution-PC 2003-19C~
RESOLUTION NO. PC2003-19
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A RESOLUTION OF THE ANAHEIM C{TY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00090 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:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 143, PAGE 31 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 27, 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 petitioner proposes reclassification of subject property from the CL (Commercial,
Lirrtitec~} Zone to ~he ~tM-3000 {F~eside~~ial, Multiple-Far~ily)-or less.-intense Zone. - _
2. That the Anaheim General Plan designates subject property for Low-Medium Density
Residential land use.
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; that
one e-mail correspondence was received prior to the meeting with questions regarding the request; and that
no correspondence in opposition to the proposal was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the CL (Commercial, Limited)
zone to the RM-3000 (Residential, Muftiple-Family) or a less intense zone; that the 0.6-acre subject property
has a frontage of 100 feet on the north side of Lincoln Avenue, a maximum depth of 260 feet and is located
230 feet east of the centerline of Bel Air Street, and is further described as 2865 West Lincoln 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 CL (Commercial, Limited) Zone
and to incorporate said described property into the RM-3000 (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:
cr\PC2003-019.doc -1- PC2003-19
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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 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 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-Gouncil which-shall be a legislativ~ act which may be ap~roved or denied by the City Council at its sole
discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
CH P RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
..L.. ~rl2v~`'"'~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 January 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this o?5~ day of
~b t-v a.r , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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