Resolution-PC 2006-97! ~ -
RESOLUTION NO. PC2006-97
A'RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2006-00182 BE GRANTED '
(3105 West Orange Avenue-Family Choice Senior Care)
' WHEREAS, the AnaheimPlanning Commission did receive a verifiedpetition for
Reclassification for real property situated in the City of Anaheim, `County of Orange, State of California,
described as follows`. :
THE EAST 94.00 FEET OF THE SOUTH 1 ACRE OF THE EAST 2 ACRES OF THE WEST 5-
1/2 ACRES 0F THE EAST 7 AGRES OF THE SOUTH 8 ACRES OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE'NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH; RANGE 11 WEST, S.B.B.& M., -AS SHOWN ON A MAP RECORDED W BOOK 31
PAGE(S)11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT'fHEREFROM, THAT PORTION OF SAID LAND, LYING NORTHWESTERLY OF A '
LINE THAT IS PARALLEL WITH AND DISTANT;50.O0 FEET SOUTHEASTERLY OF A LINE
QESCRIBED AS FOLLOWS:
_
COMMENCING AT THE. CENTERLINE 'INTERSECTION OF ORANGE`: AVENUE AND
WESTERN AVENUE 'AS SAID INTERSECTION, IS SHOWN IN COUNTY SURVEYOR'S
TRANSIT BOOK 114, PAGE 32 ON FILE, IN THE`OFFICE OF THE COUNTY SURVEYOR OF
ORANGE COUNTY, CALIFORNIA; ON OCTOBER 23, 1957: THENCE SOUTH 0° 33' 45"
EAST, ALONG SAID WESTERN AVENUE CENTERLINE 199.71 FEET;TO THE TRUE POINT
OF BEGINNING OF THE LINE TO BE DESCRIBED; SAID `POINT ALSO BEING DISTANT
NORTH' 0° 33' 45 WEST, ALONG SAID WESTERN AVENUE CENTERLINE, 2488.65 FEET
FROM THE CENTERLINE OF BALL ROAD AS SHOWN IN SAID TRANSIT BOOK 114, PAGE
32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT .OF BEGINNtNG,
NORTHEASTERLY ALONG A CURVE NON-TANGENT CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1800.00 FEET THROUGH A CENTRAL ANGLE OF'1 ° 00' 05" AN ARC
DISTANCE OF 27.96 FEET TO A LINE TANGENT THENCE NORTH 67° 32' 10" EAST,
2073.61 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 1800.00 FEET; THENCE NORTHEASTERLY ALONG SAiD CURVE
THROUGH A CENTRAL ANGLE DF 9° 58' S0' AN ARC DISTANCE OF .313.55 FEET TO A
LINE TANGENT; THENCE NORTH 57° 33' 20" EAST, 497.62 FEET TO A POINT IN THE .
CENTERLINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S TRANSIT
BOOK 107, PAGE 11 ON FILE, IN THE OFFICE OF THE COUNTY SURVEYOR OF ORANGE
COUNTY, CALIFORNIA, ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON
NORTH 0° 26' 40 WEST, 983.26 FEET FROM 7HE CENTERLINE OF ORANGE AVENUE AS
SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957 AND ALSO BEING `
DISTANT THEREON SOUTH 0° 26' 40" EAST, 1688.30 FEET FROM THE CENTERLINE OF
LfIVCOLN AVENUE AS SHOWN ON SAID TRANSIT BOOK 107. PAGE 11 ON OCTOBER 29,
1957 AS CONVEYED TO ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED
RECORDED MARCH 4, 1958 IN BOOK 4218 PAGE(S) 393, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on October 30, 2006, at 2:30 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 18.60 "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
CR\PC2006-97 -1= - PC2006-97
i . •
1. That the applicant proposes reclassification of subject property from the T(Transition) zone to
the O-L (Low lntensity Office)zone.
- 2. ` That the Anaheim General Plan designates this property and surrounding properties#or Low
Intensity Office land uses. The 0-L zone is a typical implementation zone for this land designation.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. 7hat 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 to the zones and their permitted
uses generally established throughout the community. ,
5. 7hat no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition`to subject petition. '
CALIFORNIA ENVtRONMEN7AL QUAI.ITYACT FINDING: The Planning Director's authorized
representative has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities); as defined in the CEQA Guidelines and is, therefore, exempt from
the requirement to prepare additional environmental documentation.
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 Anaheim
Municipal Code to exclude the above-described property from the T'(Transition) Zone and to incorporate said
described property into the 0-L (Low Intensity Office) 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 '
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. 1f 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 timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satis~es the original intent and
purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved structure.
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 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. , -
-2- PC2006-97
~ •
' BE IT FURTHER RESOLVED that tlie 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 condition, 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 the applicant is responsible'for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of`the ~nal invoice or prior to
; the issuance of building permits for this' project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 30, 2006. 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 re d b a C' ouncil Resolution .
' in the event of an appeaL ;-""
CHAIRMAN,:ANA fM PLANNING COMMISSION
ATTEST:
~L - -- ^ ~
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
October 30, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI,`ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of IVOvP~n ~ ~r,
2006.
~~~..,••c-~_ /Ya2~t,r,>°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-97