Resolution-PC 99-167RESOLUTION NO. PC99-167
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 99-00-07 BE DENIEU
WHEREAS, the Anaheim City Pianning Commission did receive a verified petition for
Reclassification for certain real property situated in the Ciry of Anaheim, County of Orange, State of
Califomia, described as follows:
LOT 1 OF TRACT NO. 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.
THE STRIP OF LAND IN THE CITY OF ANAHEIM GENERALLY KNOWN AS CEMETERY
ROAD AND MQRE PARTICULARLY DESCRIBED AS:
PARCEL 1: THAT PORTION OF LOT 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MPA
OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES
COUNTY RECORDER OF ORANGE COUNTY, 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
ORAiVGE COUI~,ITY, CALIFORNIA; WESTERLY BY THE EASTERLY LINE OF TRACT N0.
2481 AS SHOWl3 ON A h1AP RECORDED IN BOOK 72, PAGE 29 OF SAID
MISCELLANEOUS MAPS; NORTHERLY BY THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF !OT 28 OF SAID TRACT NO. 1428; AND SOUTHERLY BY THE
WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 OF SAID TRACT NO.
1428.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on September 13, 1999, 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 Municipai Code, Chapter
18.03, to hear and consider evidence ior and against said proposed reclassificatior. 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 behalf, and after due consideration of aIi e~iJence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner proposes reclassification of subfect property from the RS-A-43,000
(Residential/ Agricuitural) and the RS-7200 (Residential, Single-Family) Zones to the CL (Commercial,
Limited) Zone.
2. That the proposed reciassification is not consistent with the Anaheim Generai Plan
designatian for this s~;~ because the General Plan designates the south portion of subject property for
Commercia! Professional land uses and the remaitiing leg extending northerly for Low-Density Residential
land uses, and because the proposed reclassification to the GL zone is not the appropriate implementation
zone and is inconsis:::nt with the Commerciz~ Professional and Low Density ResidenGal General Plan
tand use designations.
3. That the proposed reclassification of subject property is not necessary nor desirable for the
orderly and proper devzlopment of the community.
CR3747PK.DOC -1- PC99-i67
4. That the proposed reclassification of subject propertyr does not properly refate to the zones
and their pertnitted uses locally established in close proximiry to subject property, and to the zones and their
permitted uses generally established throughout the community.
5. That the size and shape of the parcei does not allow for the adequate development of the
site for retait commercial uses without negatively impacUng the residential ~and uses to the north of this
property.
6. That creating a landlocked parcel or a split-zoned parcel is not appt»priate to achieve full
and adequate development of the area.
That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFOl~NIA [NVIRONMENTAL QUALITY ACT FINDING: That the Maheim City
Planning Commission has reviewed the proposat to reclassify subject property from the RS-A-43,000
(ResidentiaU Agricultural) and the RS-7200 (Residential, Single-Family) Zones to the CL (Commercial,
Limited) Zone on an irregularly-shaped 0.63-acre property having a frontage of 102 feet on the north side
of Lincoln Avenue and a maximum depth of 680 feet, and being located 16Q feet east of the centeriine of
La Plaza (1429 and 1433 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 Decfaration together with any comments received during the public review process and further
finding on the basis of the ini6al study and any comments received that there is substantial evidence that the
project will have a significant effect on the environment because the proposed reclassification is not
consistent with the Anaheim General Plan and the land uses permitted by the proposed CL zoning would
increase traffic in the area and generate increased noise intn~sion into the adjacent residential prope~ies,
particularly to the residence at 1498 Birch Street which would be impacted by commercially-related traffic
and parking.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny Petition for Reclassification on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 13, 1999.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A'i~'EST:
~(1A~U ~Rce'
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
CR3747PK.DOC -2- PC99-167
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Soiorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the forego(ng resolution was passed and adopted at a meating of the Anaheim City Planning
Commission heid on September 13, 1999, by the foilowing vote of the members thereof: ,
AYES: COMMtSSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
P~OES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT
~IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
1999.
.~D~UI~
SECRETA , ANAHEIM CITY PLANNING COMMiSSION
CR3747PK.DOC -3- PC99-167