Resolution-PC 98-115FESOLUTION NO. PC98-115
A RESOLUTION OF THE ANAHEIM CITY PLANN(NG COP~iMISSION
THAT PETIT!ON FOR RECLASSlFICATION NO. 97-98-20 BE GRANTED
INHEREAS, the Anaheim Gity 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:
PARCELS 1, 2, 3, 4 AND 6 AS SHOWN ON A MAP FILED IN BOOK 224, PAGE 48 TO
50 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALiFORNIA.
WH~REAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on August 3, 1998 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 the public hearing was continued from
the Planning Commission meetings of July 6 and July 20, 1998; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif and in its behalf, and after due consideration of aIl avidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes reciassification of subject property from the CL (Commercial,
Limited) Zone to the RM-3000 (Residential, Mu(tiple-Family) Zone or a less intense Zone.
2. That the Anaheim General Plan designates subject property for General Commercial land
uses; but that the Planning Commission has recommended that City Council adopt General Plan
Amendment No. 35?, being considered concurrently with this petition, to re-designate this property to the
Low-Medium Density Residential land use designation.
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 localiy established in close proximity to subject propeRy and to the zones and
their permitted uses generally established throughouY the community.
5. That no one indicated their presence at the public hearing in opposition; 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 reciassify subject property, consisting of 4.75 acres
Iocated south and west of the southwest corner of Knott Street and Ball Road with frontages of 390 feet
on the west side oF Knott Street and 15 feet on the south side Ball Road (1203-1245 South Knott Street)
from the CL (Commercial, Limited) zone to the RM-3000 (Residential, Multiple-Family) or a less intense
zone; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgement 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.
CR3375PL.DOC -1- PC98-115
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 ihe CL (Cornmercial,
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 genera! weifare of the Citizens of the
City of Anaheim:
1. That completion of these reclassification proceedings is contingent upon adoption of General Plan
Amendment No. 357 by the City Council.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Nos. 1 and 4, herein-mentioned, shall be completed. The City Council may
approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, ihe
procedure set forth in Anaheim Municipal Code Section 18.03.G85 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 pruposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federai regulations. Approval does not include any action or findings as to compliance or approval
ot the request regarding any other applicabfe ordinance, regulation or requirement.
4. 7hat the property owner shall submit a letter to tlie Zoning Divis?on requesting termination of
Conditional Use Permit No. 3178 (permitting expansion of an existing commerciai retail center with
waiver of minimum number of parking spaces), Conditional Use Permit No. 2025 (permitting sales of
beer and wine for on-premises consumption in an existing restaurant at 1245 South Knott Street),
Conditional Use Permit No. 1634 (permitting sales of aicoholic beverages for on-premises
consumption within a proposed bowling alley at 1241 South Knott Street), Variance No. 2697
(waiver of maximum number of signs and minimum distance between signs to permit 15 existing
freestanding signs), and Variance No. 1787 {waiver of maximum building height within 150 feet of
residentially-zoned property).
BE IT FURTHER RESOLVED ihat the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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 s II r quire an ordinance of
the City Councii which shall be a legislative act which may be approved or d' the City Council at its
sole discretion.
THE FOREGOING RESOLUTION was a t d at~th P ing~mission meeting of
August 3, 1998 /
ATTEST:
- ~1 ~ Qr~u.~ SeQok,c~
SECREl`ARY, NAHEIM C~TY PLANNING COMMISSION
"2" PC98-115
~ ' ~~
S7ATE OF CALIFORPdIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed ard adopted at a meeting ~f the rl~aheim City Planning
Commission held on August 3, 1998, by the following vote of the members thcreo!:
AYES: COMMISSIONEf~~:BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES,PERAZA
NOES: COMMISSIONERS:P~ON=
ABSENT: COIv1MISS10NERS:WILLIAMS
VACANCY: ONc SEAT VACANT
u~,~,IN , WITNESS WHEREOF, I have hereunto set . my hand this ~~~ day of
Yv 1998.
~'GI~U-~ ~Fc~C9~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
-3- PC98-115