Resolution-PC 2000-106.
RESOLUTION NO. PC2000-106
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2000-00029 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24
AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET
ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID
TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY
AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO BEING HEREINAFTER
REFERRED TO AS "POINT A" THENCE WESTERLY 344.41 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE
NORTH 78° 49' 11" WEST, 214.13 FEET; THENCE NORTH 42° 21' 27" WEST, 21.06 FEET
TO A POINT ON A NON-TANGENT CURVE , CONCAVE WESTERLY AND HAVING A
RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS
SOUTH 83° 50' 05" EAST; TH~NCE NORTHERLY 96.53 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19° 53' 42'; THENCE NORTH 27° 39' 16" EAST, 23.94
FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE
CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY
OF ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF
OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH
72° 31' 57" EAST, 186.63 FEEfi ALONG SAID PARALLEL LINE TO THE BEGINNING OF A
TANGENT CURVE, CONCAV~ NORTHWESTERLY AND HAVING A RADIUS OF 67.00
FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE;
THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH
72° 31' 57" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALONG A TANGENT
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A
CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE
SOUTH 5° 33' 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGA710N OF
SAID EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS
PARALLEL WITH AND 145.Oa FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALMA AVE6VUE.
AND
THAT PORTAON OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24
AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST, 989.06 FEET
ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNER OF SAID
TRACT, SAID POINT BEING ~N A NON-TANGENT CURVE, CONCAVE NORTHERLY AND
CR4039PK.doc -1- PC2000-106
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HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT
BEARS SOUTH 7° 31'28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED
TO AS "POINT A"; THENCE WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A
CENTRAL A~GLE OF 18°42'17";THENCE TANGENT TO SAID CURVE NORTH 78°49'11"
WEST, 214.13 FEET; THENCE NORTH 42°21'27" WEST, 21.06 FEET TO A POINT ON A
NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00
FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83°50'05" EAST;
THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS
PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA
PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE,
RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS
IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST,
186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT
CURVE, COfVCAVE NORTHWiESTERLY AND HAVING A RADIUS OF 67.00 FEET;
THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE
EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31'
57" EAST, 281.88 FEET AND ~ASTERLY 31.31 FEET ALONG A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE
OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37"
EAST, 399.28 FEET ALONG TiHE SOUTHERLY PROLONGATION OF SAID EASTERLY
LINE TO TH~ POINT OF BEGINNING.
EXCEPT 7HAT PORTION TH~REOF LYING SOUTHERLY OF A LINE WHICH IS
PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALMA AVENUE.
CITY OF ANAHEIM, A MUNICIPAL CORPORATION, (ACQUIRED BY FINAL ORDER OF
CONDEMNATION ENTERED IN CASE NO. 127381, SUPERIOR COURT OF ORANGE
COUNTY, A CERTIFIED COPX OF WHICH WAS RECORDED OCTOBER 26, 1967 AS
INSTRUMENT NO. 18791 IN BOOK 8417, PAGE 110 OF OFFICIAL RECORDS) AND
COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN~BOOK 10469,
PAGE 876 OF OFFICIAL RECORDS.
AND
THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE
SHORB AND R.G. DE LA RIVA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCHO CANNON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS
RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS:
WESTERLY BY THE EASTEFiLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP
RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, AND THE SOUTHERLY PROLONGATION
THEREOF,
NORTHERLX BY THE SOUTWERLY LINE OF THE LAND CONVEYED TO THE
RIVERSIDE, SANTA ANA LOS ANGELES RAILWAY COMPANY BY DEED RECORDED
JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS ANGELES
COUNTY,
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NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS
PARCEL 1 IN THE CORPORATION EASEMENT DEED RECORDED NOVEMBER 10, 1980
IN BOOK ~3828, PAGE 115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND
NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHWESTERLY,
WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 111.01 OF
THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-221347 OF
SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF
SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN
BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 11, 2000 at 1:30 p.m., notice of said public hearing having been
duly given as required by 6aw 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 that the hearing was
continued from the meeting of August 28, 2000; and
WHEREAS, said Commission, 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 petitioner proposes reclassification of subject property from the from the RS-A-
43,000(SC) (Residential/Agricultural - Scen~ic Corridor Overlay) and the CL(SC) (Commercial, Limited -
Scenic Corridor Overlay) zones to the RS-5000(SC) (Residential, Single-Family - Scenic Corridor
Overlay) zone.
2. That the Anaheim General Plan, as recommended to be amended, designates subject
property for Hillside Low-Medium Density Residential land uses.
3. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
4. That the 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 t~roughout the community.
5. That no ane indicated their presence at the public hearing in opposition to the proposal;
and that no corresponder~ce was received in opposition.
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) and CL(SC) (Commercial, Limited - Scenic Corridor
Overlay) zones to the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) zone on an
irregularly-shaped 16.27-acre property located at the northwest corner of La Palma Avenue and Weir
Canyon Road, having fror~tages of 1,643 feet on the north side of La Palma Avenue and 810 feet on the
west side of Weir Canyon Road, and further described as 8200 East La Palma Avenue; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the lead agency 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 substantial evidence that the project will have a significant effect on
the environment.
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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(SC)
(Residential/Agricultural - Scenic Corridor Overlay) and the CL(SC) (Commercial, Limited - Scenic
Corridor Overlay) zones and to incorporate said described property into the RS-5000(SC) (Residential,
Single-Family - Scenic Corridor Overlay) Zone upon the following conditions which are hereby 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 City of Anaheim:
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall
be furnished to the Zoning Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That completion of these reclassification proceedings is contingent upon adoption of General Plan
Amendment No. 2000-00380 (to redesignate this property from the Commercial Professional land
use designation to the Hillside Low-Medium Density Residential land use designation) by the City
Council.
3. That the legal owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 3423 (to permit a commercial retail center with building heights in
excess of 35 feet, a senrice station and a freestanding drive-through restaurant with waiver of
minimum landscaped and structural setbacks). Conditional Use Permit No. 4096 (to permit a
planned commercial office and light industrial complex with waivers), Tentative Parcel Map No. 98-
234 (to establish an 11-lot subdivision) and Reclassification No. 98-99-10 (to reclassify the property
from the RS-A-43,000(SC) and CL(SC) Zones to the CO(SC) Zone).
4. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Nos. 1, 2 and 3, 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.
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 IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null 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 shall require an ordinance of
the City Council which shall be a legislative act which may be approved or denied by the City Council at
its sole discretion.
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THE FOREGOING RESOLUtION was adopted at the Planning Commission meeting of
September 11, 2000. _
RPERSON, ANAH~l1VI ~ITY PLXNNING COMMISSION
ATTEST:
LN1`'~CI
SECRET Y, AN EIM CITY PLANNING COMMISSION
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 meeting of the Anaheim City Planning
Commission held on Sept~mber 11, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, 60YDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this _sC ' day of
, 2000.
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S RETA , ANAHEIM CITY PLANNING COMMISSION
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