Resolution-PC 99-208RESOLUTION NO. PC99-208
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 99-00-09 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verifed petition for
Reclassification for real property situated in the City of Anaheim, Counly of Orange, State of California,
described as follows;
LOT 12 OF TRACT NO. 5591, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 252, PAGES 4 TO 8 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in thE City of Anaheim on November 22, 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 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
WHEREAS, said Commi~sion, after due inspection, investigation 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 oetitioner proposes reclassification of subject property from the RS-A-
43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone.to the RS-5000(SC) (Residential,
Single-Family - Scenic Corridor Overlayl Zone, or a less intense zone.
2. That the Anaheim General Plan designates subject property for Hiliside Low-Medium
Density Residential land uses, which allows up to 6 residential units per gross acre.
3. That the proposed reclassification is granted on the basis that RS-5000 is the same
zoning as the neighboring residential zoning to the north.
4. That the proposed reclassification of subject property is necessary and/or desirabls for
the orderly and proper development of the community.
5. That the proposed reciassification of subject ~roperty does properly relate to the zones
and their permitted uses Iocaily established in close proximity to subject property and to the zones and
their permitted uses generally established throughout the community.
6. That five peopie spokp at the pubiic hearing in opposition to the proposal; that six people
spoke in favor of the proposal; and that no correspondence was received in opposition or in favor of the
subject 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(SC)
(Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-5000(SC) (Residential, Single-Family -
Scenic Corridor Overlay) Zone or a less intense zone on an irregulariy-shaped 10-acre property located
southeast of Riverdale Avenue, having a frontage of 100 feet on the south side of Addington Street and a
frontage of 2,857 feet on the nonh side of the SR-91 (Riverside) Freeway, having a maximum depth of
350 feet, being located 310 feet east of the centerline o' Fauna Avenue, and further described as 4000
East Riverdale Avenue; and does hereby approve the ~Jegative Deciaration upon finding that the
declaration reflects the independentjudgment 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
Cr3812pk.doc -1- PC99-208
the basis of the initial study and anyr comments received that there is no substantial evidence that the
projec! wili have a significant effect on the environment
NOVH, 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-de~cribed property from the RS-A-43,000(S(;)
(Residen4iallAgricultural - Scenic Corridor Overlay) Zone and to incorporate said described property i:~i~
the RS-5000(SC} (Residential, Single-Family - Scenic Corridor Overlay) Zone upon the following
conditions which are iiereby found to be a necessary prerequisite to the proposed use of subject
property in order to preserve the safety and general welfare of the Citizens of the Ciry of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shail be
furnished to the Zoning Division showing the legal vesting of title, a legai description and containing
a map of the property.
2. That prior to piacement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. The Ciry 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 other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE lT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressiy 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 unenforesable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed nuil 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 shal! require an ordinance of
the City Council which shal! be a legislative act which may be approved or denied by the City Council at
its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 22, 1999.
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CHAIR SON PRO TEMPORE,
ANA CITY PLAHNIIvG COMMiSSION
ATTEST:
I YUJ~W~iC.~t(.lJ ~~~'"ta`.~'°
SECRETA , ANAHEIM CITY PLANNING COMMISSION
CR3812PK.DQC -2- PC99-208
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STATE OF CAUFORNIA ) :
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 meeting of the Anaheim City Planning
Commission held on November 22, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, ESPING, KOOS, NAPOLES, WILLIAMS
iJOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, BRISTOL
~ IN WITNESS WHEREOF, I have hereunto set my hand ttiis ~ day of ~
D.l2/11bP.f2 . 1999. e
~Q~~ lj~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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