Resolution-PC 2003-27•
RESOLUTION NO. PC2003-27
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00085 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:
THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE
SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 300.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 13, 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 that said public hearing was continued to the February 10,
2003 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 RS-10,000
(Residential, Single-Family) zone to the RM-2,400 (Residential, Multiple-Family) or a less intense zone.
2. That the Anaheim General Plan designates subject property for Commercial Professional land
uses; but that the Planning Commission has recommended that the City Council adopt General Plan
Amendment No. 2002-00406 (which was considered concurrently with this reclassification) to designate subject
property for Low-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 proximity to subject property, including adjacent housing
development to the east along Katella Avenue, 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; and that
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-10,000 (Residential, Single-
Family) zone to the RM-2,400 (Residential, Multiple-Family) zone on arectangularly-shaped 1.07-acre property
having a frontage of 150 feet on the north side of Katella Avenue and a depth of 309 feet, being located 160 feet
east of the centerline of Carnelian Street, and further described as 1597 West Katella 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.
cr~ASpc2003-027.doc -1- PC2003-27
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry 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-10,000 (Residential, Single-
Family) Zone and to incorporate said described property into the RM-2,400 (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:
1. That approval of Reclassification No. 2002-00085 is contingent upon adoption of General Plah Amendment
No. 2002-00406, Exhibit A, by the City Council.
2. That 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.
3. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 88 (to permit a preschool) and 3045 (to permit an addition to an existing
preschool) to the Zoning Division.
4. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Nos. 1, 2 and 3, 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
completed within one (1) year from the date of this resolution, or such further time as the Planning
Commission may grant.
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 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.
10, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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•
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 February 10, 2003, 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 ~„5~day of Gbr~~~ ,
2003.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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