Resolution-PC 98-34RESOLUTION NO PC98-34
A RESOLUTION +~F THE ANAHEIM CITY PLANNING COMMISSION
THA7 PETITION FOR RFG~SSIFICATION NO. 97-98-04 BE GRANTEQ
UNCONDITIONALLY
WHEREAS, •h~: Anaheim City Planning Commission did rece~ve a verified peti;ion for
Reclassification for real pro;,~r~; situated in the City of Anaheim, County of Orange, State of Californ(a,
described as follows:
PARCEL1:
THE SOUTH 40 FEET OF LOT 1 OF TRACT N0. 1633, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 47, PAGE 50 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNT'f.
PARCEL 2:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNIY
UF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP
RECORDED IN BOOK 51, PpGE 7, ET SEQ., OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLQWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF;
THENCE NORTH 0 DEGREES SG MINUTES 20 SECONDS WEST,
ALONG THE WEST LINE OF SAiD EASi' HALF, i20 FEET TO THE
SOUTHWEST CORNER OF LOT 1 OF TRACT NO. 1633, AS PER
MAP RECORDED IN BOOK 47, PAGE 50 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 89 DEGREES 36 MINUTES 20 SECONDS
EAST, ALONG THE SOUTH LINF OF SAID LOT AND THE EASTERLY
EXTENSION THEREOF, 129,27 FEET TO THE CENTER LINE OF A
50 FOOT STREET, SHOWN R5 KATHRYN DRIVE ON THE MAP OF
SAIO TRACT; THENCE SOUTH 0 DEGREES 16 MINUTES 10
SECONDS EAST, ALONG SAID CENTER LiNE, 120 FEET TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89
DEGREES 36 MINUTES 20 SECONDS WEST, i29.26 FEET TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 40 FEET THEREOF AS
GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED
FESRUARY 06, 1957 IN BOOK 3794, PAGE 75 OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN
KATHRYN DRIVE, AS SAID DRIVE IS SHOWN ON THE MAP OF SAiD
TRACT NO. 1633.
CR3210PL.DOC -1- PC98-34
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on March 16, 1998 at 1:30 p.m., noticP of said public hearing having been duly given
as required by iaw and in accordance with the provisi~ns of the Anaheim Municipal Code, Chapter 18.03,
to hear and considar evidence for and against said proposed reclassificetion and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, aHer due inspection, investigation and study made by
itseif 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 underiy~ng property is develcped with a drive-through and walk-up fast food
restaurant with outdoor seating; and that said restaurant is not currently open for business;
2. That reclassification ~f this prcp~rty to the CL Zone will bring the property into
conformance with the existing General Plan Land Use designation of General Commercial and will be
compatible with surrounding properties which are zoned commercially;
3. That the petitioner proposes reclassification of subject property frcm !!;;~ from the RS-A-
43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone;
4. That !he proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community;
5. i hat the proposed reclassifiication of subject property does properly relate to the zones
and their permitted uses locally established in close prox~mity to subject property and to the zones and
their permitted uses generally established throughout the community; and
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to s~~bject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000
(Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone on a 0.14-acre parcel located at the
northwest corner of Lincoin Avenue and Kathryn Drive with frontages of 90 feet on the north side ~f
Lincoin Avenue and 93 feet on the west side of Kathryn Drive (2235 West Lincoln Avenue); and does
hereby approve the Negative Declaration upon flnding that the deciaration reflects the independent
judgement of the lead ayency 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 subs~antial 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 RS-A-
43,000 (Residentiai/Agricuitural) Zone and to incorporate said described property into the CL
(Comme~ cial, Limited) Zone, unconditionally.
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 Councii which shall be a legislative act which may be approved or denied by the Ciry Council at its
sole discretion.
"2' PC98-34
BE IT FURTHER RESOLVED lhaF approval of thfs application constitutes approvai of the
proposed request only to the extent that it comp(ies with the Anah~im Municipal Zoning Code and any
other applicable City, State and Federal regulations. Approval does not include any action or findings as
to compiiance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING FcESOLUTiON was adopted at the Plann(ng Commission meeting of
March 16, 1998
~;,-~ ~,~ ~ ~~
ATfE~T: CHAlRMAN, ANANEIM CITY PLAPINING COMMISSION
~YI M~~r~.., S~
SECRETARY, A A EIM CIiY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certiry
that the foregoing resolution was Fassed and adopted at a meeting of the Anaheim City Planning
Commission held on March 16, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: Or;E SEAT VACANT
IN WITNESS WHEREOF, I have hereunto sQt my hand this ~~ day of
~11Q, , 1998.
~Yl ~, ~r~
SE(;Fit I AR , ANAHEIM CITY PLANNING COMMISSION
-3- PC98-34