Resolution-PC 2004-149. . ~ . . . . , . . . . ~ . ~ ~ . .. .. . ~ ~. . ' ~ . ~. .
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RESOLUTION NO. PC2004-149
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00139 BE GRANTED
(NO ADDRESSES - PICADILLY WAY - 320 FEET NORTH OF THE
CENTERLINE OF BRITAIN WAY)
WHEREAS, the Anaheim 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 LOTS 22 THROUGH 27 INCLUSIVE OF TRACT N0. 2358, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED W
BOOK 77,' PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY LYING SOUTHWESTERLY OF THE FOLLOWING ,
DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PICADILLY WAY WITH
THE CENTERLINE OF BUCKINGHAM STREET, AS SAID INTERSECTION IS SHOWN ON THE
MAP OF SAID TRACT NO. 2358; YHENCE NORTH 0 DEGREES, 26', 27" EAST, 441.43 FEET
ALONG SAID CENTERLINE OF BUCKINGHAM STREET; THENCE SOUTH 89 DEGREES 33' '
33" EAST, 30.00 FEET TO THE EASTERLY LINE OF SAID BUCKINGHAM STREET AS
SHOWN ON SAID TRACT MAP, SAID POINT BEING THE POINT OF BEGINNING; THENCE
NORTH 55 DEGREES 09' 41" EAST, 39.58 FEET; THENCE SOUTH 71 DEGREES,: 49' 31"
EAST, 321.98 FEET; THENCE SOUTH 72 DEGREES 58' 14" EAST, 99.35 FEET; THENCE
SOUTH 71 DEGREES, 49' 30" EAST, 200.11 FEET; THENCE SOUTH 72 DEGREES, 58' 15"
EAST, 175.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 1681.00 FEET; THENCE SOUTHEASTERLY
7.95 FEET ALONG SAfD CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES, 16' 16" TO
A POINT ON THE WESTERLY LINE OF LOT 9 OF TRACT NO. 4187 RECORDED IN BOOK
163, PAGES 23 AND 24 OF SAID MISCELLANEOUS MAPS, SAID POINT IS NORTHERLY
119.72 FEET ALONG SAID WESTERLY LINE FROM THE SOUTHWEST CORNER OF SAID
LOT 9.
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center,
Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 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 18.60 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 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 properties from the RS-2 (Single Family
Residential) zone to the RS-3 (Single Family Residential) zone.
2. That the General Plan designates subject properties for Residential-Low Density land uses and
said reclassification is an implementation zone for this land use designation.
3. That the proposed reclassification of subject properties is necessary to allow for the orderly and
proper development of the community as proposed with single-family housing.
4. That the proposed reclassification of subject properties does properlyrelate 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 as surrounding properties are zoned RS-2
which is also an implementation zone of the Low Density Residential designation.
CR\PC2004-149 -1- : PC2004-149
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' S. That no one indicated their presence at said public hearing in opposition; and that no one
correspondence was received in opposit+on to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify the properties from the RS-2 zone to the RS-3 zone; 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 significanf effect on the environment
NOW, THEREFORE,BE IT RESOLVED that the Anaheim Planning Commission.does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of
Anaheim to exclude the above-described property from the RS-2 zone and to incorporate said described
properties into the RS-3 zone upon the following conditions which are hereby found to be a necessary
prerequisite to the reclassification of subject properties in order to preserve the safety and general welfare of the
citizens of the City of Anaheim:
1. That an ordinance rezoning subject properties shall be placed on an agenda for City Council
consideration. 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 18.76.050 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 completed within one (1) year from the date of this
resolution, or such further time as the Planning Commission may grant.
2. 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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly 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
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 December
13, 2004. Said resolution is subject to the appeal provisions set forth in hapter 18.60 "Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be re c a City Co n' '~solution in the event of
an appeaL t ^r---___.
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~~ CHAIRMAN,-ANAHEIM PLANNING COMMISSION
ATf EST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2-
i !
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission; do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
December 13, 2004, bythe following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA; EASTMAN, FLORES,ROMERO,VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
~/ACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of r ,
200~ ,
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION