Resolution-PC 2004-35~ ~
RESOLUTION NO. PC2004-35
A RESOLUTION OF THE ANAHEIM CITYPLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-Q0115 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification forreal property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 1: THE WESl" 282 FEET OF THE SOUTH 110.92 FEE7 OF THOSE
PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4
SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE C17Y OF
ANAHEIM, COUNTY OF ORANGE, STATE OR 'CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 13, WNICH POINT fS
1019.96 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION; THENCE EASTERLY AND PARALLEL WITH THE
NORTH LINE OF SAID SECTION 663.95 FEET TO A POINT IN THE EAST LWE OF
THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 329.96
FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION; THENCE WEST ALONG SAID SOUTH LINE OF SAID
NORTHWEST QUARTER 664.00 FEET TO THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER, AND THENCE NORTH ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, 329.96 FEET TO THE POINT OF BEGINNING.
EXCEPT THE WESTERLY 92.00 FEET THEREOF:
ALSO EXCEPT ANY PORTION OF THE ABOVE DESCRIBED LAND INCLUDED
WITHIN THE FOLLOWING:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 0° 10` 30 " WEST 1,153.61 FEET ALONG THE WEST LINE OF SAID
SEGTION 13; THENCE SOUTH 89° 49' 30" EAST 92.00 FEET TO A POINT ON THE
EASTERLY R1GHT OF WAY LINE OF BEACH BOULEVARD AND THE TRUE POIN7
OF BEGINNING; THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE
CONCAVE fVORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET THROUGH A
CENTRAL ANGLE OF 90° 10' 30" AN ARC LENGTH OF 39.35 FEET; THENCE ALONG
A TANGENT LINE EAST 139.84 FEET TO THE BEGINNING OF A 7ANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE 7HOUGH A CENTRAL ANGLE OF 36° 52'
12" AND AN ARC LENGTH OF 32.10 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°
00' 00", AND AN ARC LENGTH OF 78.54 FEET; THENCE ALONG A NONTANGENT
LINE EAST 10.09 FEET; THENCE SOUTH 0° 10' 15" WEST 60.00 FEET; THENCE
WEST 9.91 FEET TO A POIN7 ON A NONTANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AND AN ARC LENGTH
OF 78.54 FEET TO A POINT OF REVERSE CURVATURE WfTH A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 52'
12", AN ARC LENGTH OF 32.18 FEET; THENCE ALONG A TANGENT LINE WEST
140.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
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SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 49' 30" AND AN
LENGTH OF 39.19 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
BEACH BOULEVARD; THENCE NORTH 0° 10' 30" EAST LINE OF 110.00 FEET
ALONG SAID RIGHT OF WAY LINE TO THE TRUE POtNT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST
IN 7HE RANCHO LOS COY07ES, IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE ORANGE COUNTY RECORD, STATE OF CALIFORNIA; DESCRIBED AS
FOLLOWS:
BEGINNING AT A POlNT ON THE WEST LINE OF SAID NORTHWEST QUARTER,
SOUTH 1019.96 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE
EAST 663.95 FEET PARALLEL WITH THE NORTH LINE OF THE SAlD NOR7HWEST
QUARTER TO THE EAST LINE OF THE WEST ONE-HALF OF SAID NORTHWEST
QUARTER THENCE 329.96 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF
SAID NORTHWES7 QUARTER; THENCE WEST 664 FEET ALONG SA{D SOUTH LINE
TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 329.96
FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED iN THE DEED TO EASTLAND
SAVINGS AND LOAN ASSOCIATION RECORDED JULY 23, 1962 IN BOOK 5186
PAGE 318 OF OFF{CIAL RECORDS.
ALSO EXCEPT THE WEST 282 FEET THEREOF.
ALSO EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE WEST LlNE OF THE LAND
DESCRIBED LINE OF THE LAND DESCR{BED IN THE DEED TO EASTLAND
SAVINGS AND LOAN ASSOCIATION RECORDED JULY 23, 1962 IN BOOK 6186
PAGE 318 OFFICIAL RECORDS, WITH THE EASTERLY PROLONGATION OF THAT
CERTAIN COURSE DESCRIBED AS WEST 9.91 FEET IN THE LAND DESCRIBED IN
THE SECOND EXCEPTION OF THE DEED TO CHIP CHASIN RECORDS; NOVEMBER
13, 1962 IN BOOK 6319 PAGE 95 OFFICIAL RECORDS; 7HENCE WEST 9.91 FEET
ALONG SAID PROLONGATION AND SAtD COURSE TO THE WESTERLY TERMINUS
THEREOF BEING A POINT OF A NONTAGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 50.00 FEET RADIAL TO SAID POINT BEARS SOUTH 53° 7' 48"
EAST; THENCE WESTERLY 78.54 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE 9d° 9' 99" TO THE BEGINNING OF A REVERSE CURVE TO THE
EAST LINE OF THE WEST 282 FEET OF THE SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER.
ALSO EXCEPT THAT PORTION OF THEREOF INCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND; BEGINNING AT THE POINT ON THE SOUTHERLY LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER EAST 355.24 FEET
FROM THE SOUTHWEST CORNER THEREOF; l"HENCE 11.82 FEET ALONG THE
SOUTHERLY LINE; THENCE NORTH 14.95 FEE; THENCE WEST 11.82 FEET;
THENCE SOUTH 14.95 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 March 22, 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, Chapter 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
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for and against said proposed recfassification and to investigate and make findings and recommendations in
connection therewith; and that said public hearing was continued to the April 5, 2004 meeting; 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 thepetitioner proposes reclassification of subject property from the RS-A-43,000
(Residentiaf/Agricultural) and RM-1200 (Residential, Multiple-Family) zones to the RM-3000 (Residential,
Multiple-Family) or a less intense zone.
2. That the Anaheim General Plan designates subject property for General Commercial and
Medium Density Residential land uses; but that the Planning Commission adopted Resolution No. PC2004-
34 in connection with General Plan Amendment No. 2004-00417, considered concurrently with this
reclassification, to recommend that the City Council re-designate the subject property to 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 perm+tted uses locally established in c{ose 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 public hearing in opposition to the proposal, and
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify this irregularly-shaped 0.64-acre property located at the
southeast corner of Stonybrook Drive and Beach Boulevard, having frontages of 241 feet on the south side
of Stonybrook Drive and 110 fest on the east side of Beach Boulevard, and further described as 736 South
Beach Boulevard and 2966 West Stonybrook Drive from the RS-A-43,000 (Residential/Agricultural} and RM-
1200 (Residential, Multiple-Family) zones to the RM-3000 (Residential, Multiple-Family) or a less intense
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 pubfic 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.
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
(Residential/Agricultural) and RM-1200 (Residential, Multiple-Family) zones and to incorporate said
described property into the RM-3000 (Residential, Multiple-Family) 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. 2004-00115 is contingent upon approval of General Plan
Amendment No. 2004-00417 by the City Council.
2. 7hat prior to introduction ofi 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.
3. That prior to placement of an ordinance rezoning subject property on an agenda for City CoutlCil
consideration, Condition Nos. 1 and 2; above-mentioned, shall be compfeted. The City Council may
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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 (Effect of City Council's Failure to
Adopt Rezoning Ordinance) shall apply. The provisions or rights granted by this resolutiorr 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.
4. 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 ihat the Anaheim City 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.
April 5, 2004.
THE FOREGOING RESOLUTION was
the Pl~nir~g Commission meeting of
ATTEST:
ANAHEIM CITY PLANIVING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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