Resolution-PC 2005-140~ ~
RESOLUTION NO. PC2005-140
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FORRECLASSIFICATION NO. 2005-00167 BE GRANTED
(1100 -1108 W EST LINCOLN AVENUE - AREA 2) '
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 1, 2, 3, 4,5, AND 6 OF THAT MAP ENTITLED "VILLA PLACE
ADDlTION", RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY
AND WESTERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNtNG AT A POINT ON THE WESTERLY LINE OF SAID LOT 6, SAID POINT BEING
NORTH 15° 34' 13" WEST 126.31 FEET DISTANT FROM THE SOUTHWEST CORNER OF
SAID LOT 6, SAID POINT ALSO BEING SOUTH 15° 34' 13" EAST 12:60 FEET DISTANT FROM
THE INTERSECTION SAID WESTERLY LINE' WITH THE SOUTHERLY LINE OF THAT
PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO THE STATE
OF CALIFORNIA, AS PARCEL 200815-1, RECORDED JtJNE 5, 1988, DOCUMENT N0. 1998-
0352439, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE, NORTH 88° 55' 19" EAST A
DISTANCE OF 191.33 FEET TO A TANGENT CURVE CONCAVE TO THE SOtJTH; THENCE,
LONG SAID TANGENT CURVE CONCAVE TO THE SOUTH WITH A RAD(US OF 1,144 FEET,
THROUGH A CENTRAL ANGLE OF 2° 34' 55" AN ARC LENGTH OF 51.55 FEET; THENCE
SOUTH 88° 29' 46" EAST 83.20 FEET; THENCE, SOUTH 42° 43' 17" EAST 4.38 FEET TO A
NON-TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE, ALONG SAiD NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 53 FEET,
7HROUGH A CENTRAL ANGLE OF 71° 22' 35" AN ARC LENGTH OF 66.02 FEET TO THE
SOUTHERLY LINE OF SAID LOT 2.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 19, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required
by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", 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 property from the C-G (General
Commercial) zone to the C-G (MU) (General Commercial; Mixed Use Overlay) zone.
2. That the proposed reclassification would be implement the Mixed Use General Plan designation
for the subject property.
3. That the proposed reclassification of subject properties is necessary and desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject properties 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.
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5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition #o the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the C-G (General Commercial) zone
to the GG (MU) (Generai Commercial; Mixed Use Overlay} zone for Area 2; and does hereby approve the
Negative Declaration; upon finding that the declaration reflects the independenf judgment of the iead 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 Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of fhe Anaheim
Municipal Code to exclude the above-described property from the C-G (General Commercial) zone and to
include theproperty the property in the GG (MU) (General Commercial; Mixed Use ~verlay} 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 health and safety 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
fumished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. Thaf prior to pfacement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shal( be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. It the ordinance is disapproved, the procedure sef 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 Planning Commission unless said conditions are cvmplied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005-05023.
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 that the Anaheim Planning Commission does hereby find and
determine that adoption of this Reso(ution is expressly predicated upon applicant's compliance with each and al{
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 shaf( require an ordinance of the City
Council, which shal( be a iegislative 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 19, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and m~ be replaced by a City Council
Resolution in the event of an appeaL ~
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CHAIRMAN PRO TEMPORE, AHEIM PLANNING COMMISSION
ATTEST:
1'z~.~-~-- ~-~-~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
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
September 19, 2005, by the following vote of the members thereof:
AYES: COMMISS(ONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this T~ day of /v`4 V t rr~ ~cs
2005.
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SENIOR SECRETARY, ANAHEIM PLANN(NG COMMISSION
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