Resolution-PC 2007-28! ~
RESOLUTION N0. PC2007-28
A RESOL.UTION OF TNE ANANEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO.2007-00194
BE GRANTED, UNCONDITIONALLY '
(1128 WEST LINCOLN AVENUE AND 1221 WEST CENTER STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, £ounty of Orange, State of California,
described as follows:
Area 2:
PARCEL 1: - .
LOT 7 OF THE ~lILLA PLACE ADDITION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDEp IN
BOOK 6, PAGE 8 QF MISCELLANEOUS MAPS, IN THE OFFICE OF TME COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS PARCEL
200815-1, IN TME FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE '
CO. 759 653, A CERTIFIED COPY QF WMICH RECORDED J,IJNE 5; 1998 AS
INSTRUMENT NO. 19980352439 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID
COUNTY RECORDER.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS'
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5 AS THE LAND IS
DESCRIBEp IN THE GRANT DEED RECORDED DECEMBER 14, 2005 AS
INSTRUMENT NO. 2005000999142 OF SAID OFFICIAL RECORDS; THENCE
ALONG THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5, THE
FOLLOWING COURSES: NORTH 14° 32' 26" WEST 133.45 FEET AND SOUTH 89°
5T 19" WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5
AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 57' 19"
WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SQUTHERLY
HAVING A RADIUS OF 1191.01 FEET; THENCE WESTERLY 38.57 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 52' 11" TQ THE WESTERLY
LINE OF SAID LOT 7; THENCE NORTH 14° 32' 26" WEST 5.32 FEE7 ALpNG SAID :
WESTERLY LINE TO A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO THE STATE OF
CAUFORNIA, AS PARCEL 200815-1, RECORDED JUNE 5, 1998 AS INSTRUMENT '
NO. 19980352439 OF SAID OFFICIAL RECORDS; THENCE NORTM 81° 09' 19"
FEET EAST 50.19 FEET ALONG SAID SOUTHERLY LINE TQ THE EAST~RLY LINE
OF SAID LOT 7' THENCE LEAVING SAID SOUTHERLY LINE SOUTH 14° 32; 26"
EAST 12.60 FEET ALONG SAID EASTERLY LINE OF LOT 7 TO TH~ TRUE POINT
OF BEGINNING.
CONTAINS AN AREA OF 0.152 ACRES, MORE OR LESS.
PARCEL 2:
LOT 8 OF THE VILLA PLACE ADDITION, IN TME CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED W
BOOK 6 PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CR\PC2007-28 -1- PC2007-28
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EXCEPTING THEREFROM THAT PORTION OF LANp LYING NORTHERLY OF THE
NORTH LINE OF THE CAND DESCRIBED AS PARCEL DD200814-01-01, IN THE
DIRECTOR'S DEED RECORDED JANUARY 15, 2004 ASlNSTRUMENT NO.
200400033746 OF SAID OFFICIAL RECORpS.
ALSO EXCEPTING THEREFROM TMAT PORTION OF LAND LYING WITHIRI SAID
PARC~L DD 200814-01-01.
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5, AS THE LAND IS
DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 14, 2005 AS
INSTRUMENT NO. 2005000999142 OFSAID OFFICIAL RECORDS; THENCE
ALONG THE EASTERLY AND NORTMERLY LINES OF SAID PARCEL b. THE
`FOLLOWING COURSES: NORTH 14° 32' 26" WEST 113.45 FEET AND SOUTH 89°
5T 19" WEST 51.64 FEET TO THE NORTHWEST CpRNER OF SAID PARCEL 5;
7HENCE CONTINIJING'SOUTH 89° 54' 19" WEST 12.56fEET T0 THE SEGINNiNG
OF A CURVE CONCAVE SqUTHERLY HAVING'A.RADIUS OF 1,191.01 FEET;
7HENCE WESTERLY 38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE QF 1° 52' 11" TOTHE WESTERLY LINE OF SAID LOT 7 ANp TH~ TRUE
POWT OF BEGINNING; THENCE CONTINUING WESTERLY SAID PARCEL DD
200814-01-01, SAID POINT BEING A POINT OF CUSP WITH A NON-TANGE~JT
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1281.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 6° 35' 53" EAST; THENCE
ALONG SAID NORTMERLY LINE. THE FOLLOWING COURSES: EASTERLY 5023
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 14' 48" ANA
NOR7H 81 ° 09' 19" EAST 17.09 FEET TO THE NORTHEAST CORNER OF SAID
PARCEL DD 200814-01-01; THENCE LEAVING SAIQ NORTHERLY LINE SOUTH 14°
32' 26" EAST 5.32 FEET ALONG THE EASTERLY LINE OF SAID PARCEL DD
200814-01-01 AND SAID LOT 8 TO THE TRUE POINT OF BEGINNING.
CONTAINS AND AREA OF 0.166 ACRES, MORE OR LESS.
WHEREAS, the P{anning Commission did ho{d a public hearing at the Civic Center in the City of
Anaheim on Aprii 2, 2007, 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:
1. That this is a City-initiated request from the Community Development Department to reclassify
Area 2 of subject property from the RS-2 (Single family Residential) zone to the GG (MU) (General
Commercial; Mixed Use Overlay) zone.
2. That the proposed reclassification of Area 2 from the RS-2 (Single Family Residential) zone to
the C-G {MU) (General Commercial; Mixed Use Overlay) zone, is the appropriate implementation zone for the
proposed Mixed Use land use designation of the Anaheim General Plan.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderty and proper devetopment of the community.
-2- PC2007-28
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4. That the proposed reclassification of subject property does properiy 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 because it would result in a mixed use project#hat is
consistent with the type of uses envisioned for the area.
5. That no one indicated their presence at said pub{ic 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; and~does hereby approve theNegative Declaration upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration and together with any comments received during the public 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, TMEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
unconditionally 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-2 (Single Family
Residential) zone and to incorporate said described property into the GG (MU) (General Commercial; Mixed
Use Overlay) zone.
BE IT FURTHER RESOLVED, that this resalution 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying aN charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice orprior to
the issuance of buifding permits for this project, whichever occurs first. Failure to pay all charges shalf result in :
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 2, 2007. 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 replaced by a City ouncil Resolution in
the event of an appeaL ~,~// ~._./ /
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PLANNING COMMISSION
ATTEST:
/vZ~~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA' )
COUNTY OF ORANGE ) `ss.
CIT~' OF ANAHEIM )
I; Eleanor Mo'rris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
theforegoing resolution waspassed and adopted at a meeting of the Anaheim Planning Commission held on
April 2, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, VELASQUEZ
~IOES: COMMISSlONERS: NONE
ABSENT: COMMISStONERS: KARAKI, ROMERO
IN WITNESS WHEREOF, J have hereunto set my hand this ~r~ day of _j o~. ,
2007.
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SENIOR SECRETARY, ANAHEI[u1 PLANNI.NG COMMISSION
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