Resolution-PC 2005-71• ~
RESOLUTION NO: PC2005-71 '
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2004-00114 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, Sfate of California,
described as follows: `
ALL THAT PORTION OF LOTS 4 AND 5;OF TRACT NO. 117, AS SHOWN ON' A MAP
FILED 'IN BOOK 11, PAGE `15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE
SOUTH -00°; 38' S3" WEST, ALONG THE EAST LINE OF SAID LOTS 5 AND 4, 1019.78
FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST, ALONG
- SAID SOUTH LINE 1214.91 FEET T0 AN'INTERSECTION WITH THE NORTHEASTERLY
LINE OF' PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19 OF
PARCEL 'MAPS, IN THE OFFICE OF THE COUNTY : RECORD~R OF SAID ORANGE
' COUNTY; THENCE NORTH 27° 3T 09" WEST ALONG THE NORTHEASTERLY LINE OF -
' PARCELS 4 AND 3 OF SAID PARCEL MAP, 122.78 FEET TO AN ANGLE POINT IN SAID
PARCEL 3; THENCE NORTH 41° 14' 35" WEST, ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL 3, 165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57° 45' 25° EAST, ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL 2, 129 FEET TO THE 'MOST EASTERLY CORNER OF SAID
PARCEL 2; THENCE NORTH 20° 3T 33" WES7, ALONG THE NORTHEASTERLY LINE OF
PARCELS 2 AND 1 OF SAID PARCEL MAP, J73.55 FEET TO AN'INTERSECTION WITH
THE NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° 01' 20" EAST, ALONG SAID
NORTH LINE, 1556.18 FEET TO THE POINT OE BEGINNING.
- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of <
Anaheim on April 18, 2005, at 6:00 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
WHEREAS, said Commission, after due inspection, investigation and study made by itsetf'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 applicant proposes reclassification of subject property from the 'f (SC) (Transition;
Scenic Corridor Overlay) zo~e to the RS-2 (SC) (Residential. Single-Family; Scenic Corridor Overlay) zone and
the OS (SC) (Open Space; Scenic Corridor Overlay) zone, or a less intense zone.
' 2. That the Anaheim General Plan currently designates subject property for Estate Density,
Residential and Open Space, however the applicant has submitted a request for redesignation of theproperty to
Low Density Residential and Open Space, and that the RS-2 (SC) and OS (SC) zones are typical zoning
designations implementing these General Plan designations. :
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community and the preservation of open space.
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 propertyand to the zones and their permitted
uses generalfy established throughout the community.
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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 9 people indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subjectpetition. 'That 2 e'-mails were received with suggestions
pertaining to the design of the project.
CALIFORNIA ENVIRONMENTAC QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed DEIR No: 329, including Mitigation Monitoring Program No. 132, as amended at the '
public hearing (Modified Mitigation Measure TC-2), and made certain findings and recommendations by its
Resolution No. PC2005-69 determining that DEIR No:329 is adequate to serve as the environmental
documentation for the Proposed Actions and recommending, as set forth in said Resolution,'that the City
Council, as lead agency for the Proposed Actions, based upon its independent review of DEIR No. 329
prepared in connection with the Proposed Actions determine thaf the Proposed Actions are within the Scope of
DEIR No: 329; are adequate to serve as the required environmental documentation for the Proposed Actions,
including the'subject proposal, and satisfy all of the requirements of CEQA; and, that no further environmental
documentation need be prepared for the Proposed Actions.
NOW, 7HEREFORE, BE {T RE30LVED that the Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification to'authorize an amendment to the Zoning Map of the Anaheim '
Munici al Code to exclude the above-described property from the T(SC) (7ransition; Scenic Corridor Overlay)
P
zone and to incorporate said described property into the RS-2 (SC) (Residential, Single-Family; Scenic Corridor
Overlay) and OS (SC) (Open'Space; Scenic Corridor Overlay)'zones, 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:
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 completion of these reclassification proceedings is contingent upon approval of General Plan
Amendment Na 2004-00416 by the City CounciL
4. That approval of this application constitutes approval of fhe 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 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
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 shaU be a legislative act, wfiich may be approved or denied by the City Council at its sole
discretion.
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THE FOREGOING RESOWTION was adopted at tlie Planning Commission meeting af April 18,
2005. Said resolution is subject to the appeaf provisions set forth in Chapter 18.60 "Procedures" of the Anaheim
' Municipal Code pertaining to appeal procedures and may be replaced by a City uncil Resolution in the event
of an appeaL<
"CHAIRMAN, ANA EIM PLANNING'COMMISSION
ATTEST:
~~-t~r~- ° /y/ ~-~'~.~
SENIOR SEGRETARY, ANAHEIM PLANNINGCOMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ' ) _
l, Eleanor Morris, Senior Secretary of the Anaheim Pianning Commission, dohereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Pianning Commission held on
. April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
NOES: ' COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this (9 ~ day of ,
2005.
,
~s~.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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