Resolution-PC 98-72RESOLUTION NO. PC98-72
A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
THAT PETITION'~OR RECLASSIFICATION NO. 97-98-17 3E GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verifed petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE SOUTH 100 FEET OF THE NORTH 292.78 FEET OF THE SOUTH
586.10 FEET OF THE EAST HALF OF THE WEST HALF OF THE
~VORTHWEST QUAR7ER OF THE SQUTHWEST QUARTER OF SECTION
18, IN TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 7, ET SEQ., MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY.
EXCEPT THEREFROM THE EAST 30.00 FEET OF SAiD LAND AS
CONVEYED TO MOORE BUILT HOMES #4, INC., A COP.PORATION BY A
GRANT DEED RECORDED MAY 18, 1955 IN BOOK 3071, PAGE 101, OF
OFFICIAL RECORDS.
WHEREAS, tne City Plannir~; Commission did hold a public hearing at the Civic Center in
the City of P~~aneim on May 11, 1998 s! 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, Ch~pter 18.03, to
hear and consider evidence for and against said proposed reclassification and to investigate and make
findings 2nd recommendations in connection therewith; and that said public hearing was continued to the
April 27, 1998 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, inveatigation 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-A-43,000
(ResidentiallAgricultural) Zone to the RM-3000 (Residential, Multiple-Family) Zone.
2. That the Anaheim General Plan designates thf~ proper~y for Low Medium Density
P.esidential land uses.
3. That the propc,sed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the :ommunity.
4. That !he 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.
5. That two people spoke at the public hearing in opposition; and that no correspondence
was received in opposition to subject petition.
CR3276PL.DOC -1- PC98-72
CALIFORNIA ENVIRi::aMENTAL 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 RM-3000 (Residentiai, Multiple-Family) Zone and to const;uct a T-lot,
7-ur.it detached residential subdivision with waivers of minimum distance belween buildings and minimum
private street standards on a 0.61 acre rectangularly-shaped property having frontage of 100 feet on i.:~
tmes4 side of Velare Street, a maximum depth of 266 feet and being located 950 feet south of Orange
Avenue (711 Soufh Velare Street); 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 Deciaration 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 effecf on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve the subjeot Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipai Code to exclude the above=described property from the RS-A-43,000
(Residential/Agricultural) Zone and to incorporate said described property into the RM-3000 (Residenfial,
Multiple-Famify) Zone upon the foflowing conditions which are hereby found to be a necessary
prerequisite to the proposed use of subject property in order ta preserve the safety and general welfare of
the Citizens of the City of Anaheim:
1. That an unsubordinated covenant shall be recorded with the Office of the Orange County Recorder
agreeing to provide the buyer of each dwelling unit with written information obtained from the school
district(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving
the dwelling unit. A copy of the covenart shall be submitted to and approved by the City Attorney
prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division.
2. 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 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 nther applicable City, State 2nd Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other ~pplicable ordinance, regulation or requirement.
BF IT FURTHER RESOLVED that the Anaheim City Pianning 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 finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLV~D, 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 ~r denied by the City Council at its
sole discretion.
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THE FOREGOIUG R~:SOLUTION was adopted at the Planning Commission meeting of
May 11, 1998
_ ~~.e.P~-~-~~~~
CHAIRMAN, ANAHEIM ClTY PLANNIN~3 COMMISSION
ATTEST:
~~a~.~t~ S~~
SECRETAI~Y, A HEIM CITY ('LANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, iNargarita Solorio, Secretary of the Anaheim City f~ianning Commission, do hereby ~ce~tify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Corrmission held on h9ay 11, 1998, by the following vote of the members thereofi:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMti11SSiONERS: BOYDSTUN
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
_~, 1998.
~~L~/LGECL~ ~f~
SECRETARY, /~JAHElM CI7Y PLAiVNING COMMISSION
-3- PC98-72