Resolution-PC 2003-76i
RESOLUTION NO. PC2003-76
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2003-00101 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:
LOT 2, PORTION B:THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION B, TOWNSHIP 4 SOUTH, RANCH 10 WEST IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 8, SAID
SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTERLINES
OF LINCOLN AVENUE AND BROOKHURST STREET, BOTH 80.00 FEET
WIDE AS THEY ARE NOW ESTABLISHED; THENCE EASTERLY ALONG SAID
LINCOLN AVENUE S 89° 31' 00" EA, 165.00 FEET; THENCE N 0° 16' 10" W,
PARALLEL WITH SAID BROOKHURST STREET 40.00 FEET TO THE
NORTHERLY LINE OF LINCOLN AVENUE SAID POINT BEING THE TRUE
POINT OF BEGJ.NN-ING; THENGE CON.TINUE N 0° 'l6' 10" W_ _, 161.42 FEET;
THENCE S 89° 31' 00" E PARALLEL WITH LINCOLN AVENUE 75.44 FEET;
THENCE N 0° 16' 10" W, 26.57 FEET TO A CURVE CONCAVE
ORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE
AT SAID POINT BEARS N 50° 11' 47" E; THENCE SOUTHEASTERLY ALONG
SAID CURVE AN ARC LENGTH OF 44.04 FEET THROUGH A CENTRAL
ANGLE OF 50° 27' 57"; THENCE S 89° 31' 00" E; 49.00 FEET; THENCE S OV
16' 10" E; 170.32 FEET TO THE NORTH LINE OF SAID LINCOLN AVENUE;
THENCE WESTERLY ALONG SAID NORTH LINE, 163.00 FEET TO THE
TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 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(BCC}
(Commercial, Limited - Brookhurst Commercial Corridor Overlay) Zone to the RS-7200(BCC)
(Residential, Single-Family - Brookhurst Commercial Corridor Overlay) or a less intense zone.
2. That subject property is Parcel 2 of Tentative Parcel Map No. 2003-120, which was
processed and approved concurrently with this Reclassification
3. That the Anaheim General Plan designates subject property for Low Density Residential
land uses.
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4. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
5. 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; and that this Reclassification is
complementary to the existing RS-7200 zoned single-family residences located adjacent to this property
to the north and to the east across Bircher Street.
6. That no one indicated their presence at said public hearing in opposition to the proposal;
and that one letter was received in opposition to the rezoning request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposed reclassification from the CL(BCC) (Commercial, Limited
- Brookhurst Commercial Corridor Overlay) Zone to the RS-7200(BCC) (Residential, Single-Family -
Brookhurst Commercial Corridor Overlay) or a less intense zone on an irregularly-shaped 0.20 acre
property having a frontage of 107 feet on the west side of Bircher Street and a maximum depth of 107
feet, being located 220 feet west of the centerline of Lindsay Street, and further described as 115 North
Bircher Street; 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, THEREFQRE, BE lT_ RESO.LV-ED. that the Anaheim City Planning Comrxi.ission
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(BCC)
(Commercial, Limited - Brookhurst Commercial Corridor Overlay) Zone and to incorporate said described
property into the RS-7200(BCC) (Residential, Single-Family - Brookhurst Commercial Carridor (~verlay)
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 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. 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 the legal properry owner shall submit an unsubordinated covenant to the City for construction of
an eight (8) foot high wall along the new property line which will be created between subject
property, Parcel 2, and Parcel 1 of Parcel Map No. 2003-120 (which tentative map was processed
concurrently with this Reclassification). Provisions shall be made in the covenant to guarantee the
construction and maintenance of a ten (10} foot wide landscaped planter adjacent to the decorative
block wall on the south side; and that the covenant shall be referenced in all deeds transferring all
or any part of the interest in the properties (i.e., Parcels 1 and 2 of Parcel Map No. 2003-120). The
covenant shall be recorded concurrently with the final parcel map. The eight (8) foot high wall and
landscaping improvements shall be installed within one hundred finrenty (120) days from the date
that Final Parcel Map No. 2003-120 is recorded with the office of the Orange County Recorder.
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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 Council, which shall be a legislative act, which may be approved or denied by the City Council at
its sole discretion.
May 19, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON, A AHEIM CITY PLANNING COMMISSION
ATTEST:
~~i~~ %~~~Gvu-~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFOR.N.IA )
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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
I WITNESS WHEREOF, I have hereunto set my hand this _~~ day of
, 2003.
_ /Y~~.~z_
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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