Resolution-PC 2005-143~ •
RESOLUTION NO. PC2005-143
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION' N0. 2005-00163 BE GRANTED
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
PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS ~OLLOWS:
BEGINNING AT A POINT : ON THE NORTHERLY LINE OF SAID NORTHWEST
' QUARTER, DISTANT SOUTH 89° ' 03' 42" EAS7 300.00 FEET FROM' THE
NORTHWESTERLY CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 0°
11' 18" WEST 140.43 'FEET; PARALLEL WITH THE WESTERLY LINE OF SAID
NORTHWEST QUARTER TO THE NORTHERLY LINE OF CAND DESCRIBED 1N A
DEED TO THE STATE OF CALIFORNIA; RECORDED;JUNE 7, 1955, lN BOOK 3093,
PAGE 319, OFFICIAL RECORDS; 7HENCE ALONG SAID NORTHERLY LINE, THE
FOLLOWING BEARINGS AND DISTANCES:'
NORTH 89° 4T 33" EAST 120.83 FEET, NORTH 89° 01' 45" EAST 15.45 FEET;
THENCE NORTH 0° 11' 18" EAST 137.50 FEET PARALLEL WI7H THE WESTERLY
LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF SAID
NORTHWEST QUARTER ; THENCE NOR7H 89° 03' 42" WEST ALONG SAID LINE
136.25 FEET TO THE POINT OF BEGINNING.
PARCEL B: THAT PORTION OF THE FRACTIONAL WEST HALF OF SECTION
2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, PARTLY WITHIN THE C1TY OF ANAHEIM, AND PARTLY WITHIN THE
CITY OF FULLERTON, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on June 27, 2005 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 "Procedures", to hear and
consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and that said public hearing was continued to the July 25,
September 7, and October 3, 2005, Planning Commission meetings.
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of alf 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 T(Transition) zone
to the RS-2 (Residential, Single-Family) zone, or a less intense zone.
2. That the Anaheim General Plan designates the property for Low 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. '
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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 #o the zones and their. permitted
uses generally established throughout the community.
5. ` That the proposed reclassification of subject property requires the dedication'and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated'increase in traffic which will be generated by the intensification of land use.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition:
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to reclassify the property from the T(Transition) zone,to the RS-2
(Residential, Single-Family) zone, or a less intense zone; and does hereby approve the Negative Declaration
upon findingthat 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 commenfs received that there is no substantial evidence
that the project wib have a significant effect on the environment. -
NOW, THEREFORE, BE IT RESOLVED thatthe Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification fo authorize an amendment to the Zoning Map of the'Anaheim
Municipal Code to exclude the above-described property from the T(Transition)Zone and to incorporate said
described property into the RS-2 (Residential, Single-Family) Zone upon the following conditions which are
hereby found #o be a necessary prerequisiteto the proposed use of subject property in orderto 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 Planning 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 exten.t 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 doss 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.
SE 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 3, 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 may be replace a City Council Resolution -
in the event of an appeal. ,
CHAIRMA PRO TEMPORE, ANA EIM PLANNING COMMISSION
ATTEST: ~
~
i' Z~Y'..r'-~~ rn'°"~/~`v
SENIOR SECRETARY, ANAHEIM PLANNING COMMlSSION '
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
October 3, 2005, by the following vote of the members thereof: '
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this '- day of ~~O V e`rl ,(~-e.4
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2005. ; ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION