Resolution-PC 98-76RESOIUTION MO. PC98-76
A RESOLUTION OF THE ANAHEIP,! ::ITY PIANNING COMMISSION
THAT PETITION FOR P.ECLAS.iti•ICATION NO. 97-96-10 BE DENIED
WHEREAS, the Anaheim Cil~ Y!anning Commission did receive a veri ied petition for
Reciassification for certain reai property situz~~:• i in the City of Anaheim, County of Orange, State of
Califomia, described as follows:
LOT 1 OF TRACT N0. 1428, AS PER MAP RECORDED IN BOOK 47, PAGES
8 AND 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
LOT 2 OF TRACT NO. 1428, IN THE CIIY OF ANAHEIM , COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47
PAGES 8 AND 9 OF MISCELLANEOUS MAPS, IN THE OFFIGE OF THE
COUN'fY RECORDER OF SAID COUNTY.
PARCEL 1: THAT PORTION OF LOT 5 OF ANAHEIM EXTENSION,
AS SHOWN dN A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF
WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVt OF "LOS
ANGELES COUNTY MAP&" IN THE OFFIGE OF THE COUNTY RECORDER
OF ORANGE, CALIFORNIA, BOUNDED AS FOLLOWS: EASTERLY BY THE
MOST WESTERLY LINE OF TRACT NO. 1428 AS SHOWN ON A MAP
RECORDED IN BOOK 47, PAGES 8 AND 9 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
WESTERLY BY THE EASTERLY LINE OF TRACT N0. 2461 AS SHOWN ON
A MAP RECORDED IN BOOK 72, PAGE 29 OF SAID MISCELLANEOUS
MAPS;
NORTHERLY BY THE WESTERLY PROLONGATIGN OF TI-IF' NORTHERLY
LINE OF LOT 28 OF Sr`.!0 TRACT N0.1428; AND
SOIJTHE~tLY BY THE WESTERLY PR~~LONGATION O;' THE SOUTHERLY
LI~E GF LOT 1 OF SAID TRACT NO. 1419.
WHE~~EAS, the City PlanNng Commission did i~~~;; a public hearing at the Civic Center in
the City of Maheim on ~~?y 11, 1998, at 1:3Q p.m., not(ce of saiJ public hearing having been duly given as
required by law and in accoraunce wilh the provisions of the Maheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed reclassification and to invesligate and make
findings and recommendations in connection lherewith; and that said public hearing was continued from the
January 5, January 21, fVlarch 30 and April 13, 1998 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, fnvestigation 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 lhe fallo~inp facts:
1. That the petitioner proposes reclassification of subject property from the RS-A-43,000
(Residential/ Agricultural) and RS-7200 (Residantial, Single-Family) Zones !o the CL (Commercial,
Limited) Zone.
CR3281 PL.DOC -1- PC98-76
2. That the proposed reclassification to CL zoning does not comply with the General Plan
Land Use Element designation for Commercial Professional and Low Density Residential land uses.
3. That the proposed reclassification oP subject property is not necessary nor desirable for ihe
orderly and proper development of the community because the size and shape of the property does not
allow for adequate development of the site for commercial uses as indicated by fhe number of waivers
which would potentially be required to develop the prope~ty, as discussed in the Staff Report to the
P(anning Commission dated May 11, 1998.
4. That the uses permitted by the proposed CL Zoning would increase tra~c in the area and
cause increased noise intrusion to adjacent residential properties, particularly the residence at 1498 Birch
Street which would have commercially-related traffic and parking impacts along its west and south
property lines.
5. That a development proposal for Parcel No. 3 of this site was not submitted indicating
how the site could be developed for commercial purposes, nor has any indication been given that this
property will be used for anything other thzn residential purposes; and that creating a landlocked parcel or
a split-zoned parcel is not appropriate to achieve full and adequate development of the area.
6. That the proposed reclassification of subject property does not 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.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CALIFORNIA EN;~;I~ONMENTAL u~ALITY ACT FINDING: That the Anaheim City
Planning Commission has re•diewed the proposal to reclassify subject property from the RS-A-43,000
{Residential/ Agriculturai) and RS-7200 (Residential, Single-Family) Zones to the CL (Commercial,
Limitedl ?~n~ ~^ ? 4,'7-acre irregularly-shaped property having a frontage of 164 feet on the north side of
L.Incoln Avenue, a maximum depth of 680 feet and being located 160 feet east of the centerline of La
Plaza (1429, 1433 and 1437 East Lincoln Avenue); and does hereby deny 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 fu~ther
finding on the basis of the initial study and any comments received that there is substantial evidence that the
project will have a significant effect on the environment.
NOW, TIIEREFOFtE, BE IT RESOLVED that the Anaheirn City Planning Commission does
hereby deny this Petition for Reclassification on the basis of the aforeme^iioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 11, 1998. ~~
- ~-c~c.~, -~~,. -~.•~~
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~~~ ~~
SECRETARY, ~,NAHEIM CITY PLANNING COMMISSION
-2- PC98-76
.~1 .
STATE OF CALIFORNIA )
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 and adopted at a me~ating of the Anaheim City Planning Commission
held on May 11, 1998, by the following vote of the members thereof: •
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSiONERS: BOYDSTUN
VACANCY: ONE SEAT VACANT
It~ WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~, 1998.
ob`W~ wt7'
S[CRETARY, A HEIM CITY PIANNING COMMISSION
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