Resolution-PC 2004-102~ ~
RESOLUTION NO. PC2004-102
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THA~' PETITION FOR RECLASSIFICATION NO. 2004-00132 BE GRANTED
(2040 WEST BROADWAY)
WHEREAS, the Anahe'sm 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 EAST 100 FEET OF THE WEST 200 FEET OF THE'NORTH '250 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP.4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF ANAHEfM, COUNTY OF ORANGE, STATE OF
CALIFORNIA. ~
AN UNDIVIDED 1/6T" 1NTEREST 1N THE SOUTH 10 FEET OF THE NOR7H 260 FEET
OF 7HE EAST 25 FEET OF THE WEST 300 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER_OF THE NORTHWEST QUARTER'OF SECTION 17, ~
TOWNSHIP 4 SOUTH,RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. `
WHEREAS, the City Planning CommissiQn did hold a public hearing at the Civic Center in the
' City of Anaheim on September 8, 2004 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 18.60, 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 behaff, 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 T(Transition) zone to
the RS-2 (Residential, Single-Family) zone or less intense zone.
2. That the Anaheim General Plan designates subject properry for Low 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 arid to the zones and their permitted
uses generally established throughout the community.
5. That the proposed reclassification of subject property requires the dedication and improvement
of the abutting streets in accordance with the Circulation Efement of the General Plan, due to the anticipated
increase in traffic which will be generated by the intensification of land use.
6. That one person indicated their presence at said public hearing with concerns; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify the property from the T(Transition) zone to the RS-2
(Residential, Single-Family) zone or less intense zone; and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment ofi the lead agency and that it has considered the ,
Negative Declaration together with any comments received during the public review process and further finding
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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 environmenf.
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 T(Transition) Zone and to
incorporate said described property into the RS-2 (Residential, Single-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 prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title; a iegal 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 Na 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 18.60.140 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. 7hat approval~ofi 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
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
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 fo~th. Should any such condition, or any part thereof, be declared
invafid 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedur and may be replaced by a City Council
Resolution in the event of an appeaL •
. . . V r+ O~ . .
HAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
ENI R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2004-102
~ ~
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 CityPlanning Commission
held on September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES; 0'CONNELL, ROMERO,:VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA ~
IN WITNESS WHEREOF, I have hereunto set my hand this i~~~ day of
2004. _
. SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION