Resolution-PC 2001-136~
RESOLUTION NO. PC2001-136
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2001-00054 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 LOT 6 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED
IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICER OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THAT
CERTA~N LINE DESIGNATED "EASTERLY LINE OF RIVAS ALLOTMENT" ON A MAP
FILED IN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ON A
BEARING ON SOUTH 1409.76 FEET FROM THE NORTHEAST CORNER OF SAID
RIVAS ALLOTMENT, AS SHOWN ON SAID MAP; THENCE SOUTH 56 DEG. 30' 00"
EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 56 DEG. 30"00" "EAST 197.08 FEET; THENCE SOUTH 87
- DEG. 30` 00"EA~~-953:U7 FEE~ TO THE EASTERLY LINE OF LOT-6 O~-THE
DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT 6 THE FOLLOWING COURSES: SOUTH 74 DEG. 20' 00" WEST
693.66 FEET, NORTH 65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18'
00" WEST 132.00 FEET; THENCE CONTINUlNG ALONG SAID SOUTHERLY LINE OF
NORTH 81 DEG. 18' 00" WEST 112.35 FEET TO A LINE THAT BEARS SOUTH 6 DEG.
00' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00'
00" WEST 1142.15 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I.
MAAG, RECORDED DECEMBER 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL
RECORDS.
PARCEL 2:
THOSE PORTIONS OF LOTS 4 AND 5 OF DOMINGUEZ ESTATE, AS SHOWN ON A
MAP FILED !N BOOK 2, PAGF 15 OF RECORD OF SUR~IEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT
NORTH 65 DEG. 03' WEST 102.18 FEET FROM THE NORTHEASTERLY CORNER OF
SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. 06' EAST 464.60 FEET TO A POINT
IN THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY AS DESCRIBED IN DEED RECORDED MARCH 7, 1940, IN
THE BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 74 DEG. 27'
EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 FEET TO AN
ANGLE POINT THEREIN; THENCE SOUTH 15 DEG. 33' EAST 3.00 FEET TO A
CR5194PK.doc -1- PC2001-136
•
•
POINT; THENCE NORTH 74 DEG.27' EAST, CONTINUING ALONG SAID
NORTHWESTERLY RIGHT OF WAY LINE' S07.09 FEET TO A POINT N THE
EASTERLY LIEN OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID
EASTERLY LINE 397.22 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 5;
THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 5; THENCE NORTH 65 DEG. 03' WEST 102.18 FEET TO THE
POINT OF BEGINNING.
AND
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY .
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001 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 that this hearing was
continued from the July 30, 2001, and August 13 and 27, 2001, Planning Commission meetings; 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 pe~itioFler proposes reclassi#icatian of-subject pr-operty 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.
2. That the Anaheim General Plan designates subject property for Hil/side Low-Medium
Density Residential and General Commercia! land uses; and that the Planning Commission has
recommended that City Council approve General Plan Amendment No. 2001-00395 to redesignate the
General Commercial portion of the property to the Hillside Low-Medium Density Residential land use
designation.
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 throughout the community.
5. That no one indicated their presence at the September 24, 2001, public hearing in
opposition to the proposal; and that numerous letters regarding the proposal were received.
6. That three interested persons spoke at the September 24, 2001, public hearing with
concerns and suggestions regarding the development proposal.
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 on a 24.5-acre property located on the east side of Solomon Drive
northerly of Santa Ana Canyon Road and westerly of Via Cortez and south of the SR 91/Riverside
Freeway, having a frontage of 1,306 feet on the west side of Solomon Drive and a maximum depth of
1,418 feet, being located 112 feet north of the centerline of Santa Ana Canyon Road, and further
described as 5801 East Santa Ana Canyon Road; and does hereby approve the CEQA Mitigated
Negative Declaration and Mitigation Monitoring Program/Plan No. 116 upon finding that it has considered
-2- PC2001-136
• •
the CEQA Mitigated Negative Declaration and Mitigation Monitoring Program/Plan No. 116 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 evidence that the project will have a significant effect
on the environment.
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) Zone 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 approval of Reclassification No. 2001-00054 is contingent upon approval of General Plan
Amendment No. 2001-00395, Exhibit A(to redesignate the northwesterly portion of this 24.5-acre
property from the General Commercia/ to the Hillside Low-Medium Density Residentia! land use
designation), by the City Council.
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 condition is complied with within one (1) year from the date of this resolution, or such
- further time as the Planning Corrtr~ission may gran#. - -
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2001. ~
IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
,'L,v~-~`-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-136
~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 Pianning
Commission held on September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this o2 3~~ day of
~-~ obe , 200~.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2001-136