Resolution-PC 2004-113~ ~
RESOLUTION NO: PG2004-113 -
A RESC)LUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO: 2003-00109 8E GRANTED
. (NO ADDRESS) ,
WNEREAS, 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
BEING A PORTIQN OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 ;RECORDED IN 900K
226, PAGES 33 T0 34 OF PARCEL MAPS, OFFICIAL RECORDS:
PARCEL 1: BEGINNING AT THE EASTERLY TERMINUS OF A LINE SHOWN AS NORTH
89° 59' 51" EAST 862:16 FEET IN THE NORTHERLY LINE OF SAiD PARCEL 3; THENCE
ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF' SAID PARCEL 3 THE '
FOLLOWING COURSES: SOUTH 89° 59' 51" WEST 86Z.16 FEET, SOUTH 71° 23' 00" WEST
365.96 FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST 216.s0 FEET '
TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
301:75 FEET; THENCE SOUTHWESTERLY 3.96 FEET ALONG SAID CURVE AND
BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 00° 45' 10'; THENCE :
CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST 1592.22 FEET, THENCE
DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST 85.00 FEET, THENCE NORTH .
21° 59' 52" WEST 133.00 FEET; THENCE NORTH 80° 31' 2'I° EAST 67.98 FEET; THENCE
SOUTH 75° 02' S9" EAST 181.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID
BEGINNING OF A NON-TANGENT CURVE BEARS NORTH 70° 33' 29" EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28°
40' 05": THENCE NORTH 75° 02' 59" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST
616.76 FEET TO THE POINT OF BEGINNING;
PARCEL 2: BEGINNlNG AT THE EASTERLY TERMINUS OR A LINE SHOWN AS
NORTH 89°59' S1" EAST 861.16 FEET 1N THE NORTHERLY LINE OF SA1D PARCEL 3; '
THENCE AL~NG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE
FOLLOWING COURSES: NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04" EAST
731.79 FEET, NORTH 77° 30' S3" CAST 31.17 FEET, SOUTH 68° 49' 19" WEST 11.45 FEET.
TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND BOUNDARY OF
SAfD PARCEL 3 THROUGH A CENTRAL ANGLE OF 01° 46' 15" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 55.00 FEET, A RADIAL
LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 22° 56' 56" WEST:
THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID
PARCEL 3 THROUGH A CENTRAL ANGLE OF 41° 16' S7" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADlUS OF 45.00 FEET, A
RADIAL LINE THROUGN SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 18° 20' 09"
WEST, THENCE WESTERLY AND SOUTHERLY 111.74 FEET ALONG SAID CURVE
THROUGH A CENTRAl. ANGLE OF 142° 16' 01" TO THE BEGINNWG OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 700.00 FEET. A RADIAL
LINE THROUGH SAID BEGINNING OF NON-TANGENT CURVE BEARS SOUTH 32° 00' 08"
EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND CONTINUlNG ALONG SAID
PARCEL 3 122,85 FEET THROUGH A CENTRAL ANGLE OF 10° 03' 19" 70 THE BEGINNING
OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADItJS OF 700.00
FEET; THENCE SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF
SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 28° 14' 21"; THENCE DEPARTING SAID
BOlJNDARY OF PARCEL 3 ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID
PARCEL 2 SOUTH 29° 25' 13" EAST 853:12 FEET; THENCE CONTINUING ALONG SA1D
CR\PC2004=113 -1- ` PC2004-113
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PARCEL 2 NORTH 80° 32' 46° WEST 1087.79 FEET; 7HENCE DEPARTING FROM
BOUNDARY OF SAID PARCEL 2 NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH 21°
59' 52" WEST 133.OO.FEET; THENCE NORTH 80° 31' 21" EAST 67,89 fEET: THENGE SOUTH
75° 02' 59" EAST 181.04 FEET TO THE BEGiNNING OF A NON-TANGENT CURVE,CONCAVE'
NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING
OF A NON-TANGENT CURVE BARES NORTH 70° 33' 29" EAST: THENCE NORTHWESTERLY '
ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLEOF 28° 40' 05'; THENCE
NORTH 75° 02' 59" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 FEET TO
THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 9, 2004, 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;' Cliapter 18.60, to hear
and consider evidence for and against said proposed variance and to investigate and make findings and
recommendations in connection therewith; and that said public hearing was continued"to the September 8 and
20, 2004, Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, itlveStlgatlo-1 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 the properfy from the T(SC)(Transition; Scenic
Corridor Overlay) zone to the RH-2(SC) (Single-Family Hillside Residentia(; Scenic Corridor Overlay) T(SC)
(Transition; Scenic Corridor Overlay) and OS (SC} (Open Space; Scenic Corridor Overlay} zones.
2. That the Anaheim General Plan designates subject property for Estate Density Residential land
uses.
3. That the proposed reclassification of subjectproperty is necessary and/or desirable forthe
orderly and proper developmenf of the community.
4. That the proposed reclassificafion 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 the proposed reclassification of subject property requires the improvement of abutting
streets in accordance with the Circulafion Element of the General Plan, due to the anficipafed increase in traffic
which will be generated by the intensification of land use.
6. That six people indicated their presence at said public hearing with concerns and suggestions;
and that 6 letters of correspondence were received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: Staff has reViewed the proposal
and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant -
adverse environmental impacts, which cannot be mitigated to a level of insignificance. Mitigation measures
have been identified in the Negative Declaration and Mitigation Monitoring Plan No. 124 for the project.
Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the
Commission that the declaration reflects the independent judgment of the lead agency; and #hat it has
considered the proposed Mitigated Negative Declaration together with any comments received during the public
review process and further finding on the basis of the Initial Study that there is no substantial evidence, with the
imposition af mitigation measures, that the project will have a significant effect on the environment. Commission'
may wish to nofe that the mitigation measures identified and incorporated into this Negative Declaration are
subject to the monitoring/reporting program as set forth by Section 21081.6 of the Public Resources Code.
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NOW, THEREFORE, B6 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 4he
Anaheim Municipal Code to exclude a portion of the above-described property from the T(SC)(Transition;
Scenic Corridor Overlay), zone and to incorporate said described property into the RH-2(SC~ (Single-Family
Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; 8cenic Corridor Overlay) zones upon
the following conditions which are here6y found to 6e 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:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
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 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Plannfng 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 Municipaf Zoning Code and any other applicable City, Sfate 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 approvafs 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 Pfanning Commission meeting of
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures m y be rep(aced by a City Council Resolution
in the event of an appeal.
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CHAIRMAN, AN EIM CITY PLANNING COMMISSION
ATTEST:
~~ /"~~`~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION :
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHElM )
I, Efeanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopfed at a meeting ofithe Anaheim City Planning Commission
held on October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,-0'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMlSS10NERS: ROMERO, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this _~~~~ day of ~D P1L ,
2004.
.~ i~iGl--Q~~..sa----' I~~~`GC7 ai~""J
SENIOR SECRETARY, ANAHEIM CITY PLANNING GOMMISSION
_4, PC2004-113