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Resolution-PC 97-160~ ~ RESOLUTION NO. PC97-1fi0 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETIT[ON FOR RECLASSIFICATION NO. 97-98-06 BE GRANTED WHEREAS, the Anahr,im City Planning Commission did receive a verified petition tor Reclassilication for real property situated in lhe City of Anaheim, County of Orange, State of California, as described in Attachmer.: "A" (legal description). WHEREAS, the City Planning Commission did hold a public hearing at lhe Civic CenYCr in the City of Anaheim on 1~ ^~ber 10, 1997 at 1:30 p.m., notice of sa~d public hcaring having been duly given as required by law and in acwrdancc with the provisians of the Anaheim Municipaf Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connecdon therewith; and WHEREAS, said Commission, a[ter due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports o[fered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject properry [rom the CO(SC) (Commercial, Office and Professional - Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, Limited - Scenic Corridor Oveday) Zone; 2. Tha[ the Anaheim General Plan dcsignates subject properry for Commercial ProCessional land uses; but that the Planning Commission has recommended .hat the City Counci: approve General Plan Amendment No. 351 to amend the land use designation to G~ncral Commercial; 3. That the proposed redassiGcation of subject property is nccessary anci/or dcsirable [or the orderly and proper development ot the community; 4. That the proposed •reclassification o[ subjcct property does propcrly relate to the •r.ones and thcir permitted uses locally established in close proximity to subject propcrty and to the zones and their permitted uses generally established throughou[ the community; and 5. That one person spoke at thc public hearing with concerns; and lhat wrrespondcnce was rcceived in favor of the subject proposal. CALIFORNIA ENVIRONMENTAL OUALITY ACT FIfJDING: That the Anahcim City Planning Commission has reviewed the propusal to reclassify subject property from the CO(SC) (Commcrcial Of6ce and Professional - Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) Zone on a 3.06-acrc, property locatcd at the terminus of Camino Tampico, having frontages ot 80 feet at the lerminus of Camino Tampico and 783 fcet on the northwest side of Santa Ana Canyon Road, a maximum depth of 348 fect, and located 390 feet northeast of the centerline of Eucalyptus T~rive (7777 East Santa Ana Canyon Road); and does hereby approve the Negative Dcclaration upon Bnding that the declaration rellects the independent judgement of the lead agcncy and that it has considercd the Negative Declaration together with any comments rcceived during the public review process and Curther finding on the basis of the initial study and any commcnts receivcd that thcre is no substantial cvidence that thc project will have a signifcant e[fcct on the environment. CR3102PL.WP -1- PC97-1G0 ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve that C de to exclude~h abuve'decr bed p operty frnm he CO(SC)i(Commercial, O t ef and Anaheim Munic~p Professional - Sce `CdCScenic COorridor)Ovcrlay)nZone lupon~he [ollowing condiGOn which a e~heceby fou d (Commercial, Lim to be a necessary prerequisite to the propose d use o f s u b j e c t p ro p e r ry i n order to preserve the safety an general wclfare of the Ciiizens of the City of Anaheim: 1. That completion of these reclassiflcation proceedings is contingent upon adoption of General Plan Amendment No. 351 by the City Councii. 2. Thal a preiiminary title report shall be submi[ted to the Zoning Division showing the le~al vesting of tide, and containing a legal description and a map of the propert~'. 3. That prior to placement of an ordinance rezoning subject property on an agenda tor City Council conside.rati disa ~ rove a on ng ordn ance at its discretionel f the'obd na ce islds a phovedt thc p ocedure a p p r o v e o r p p 1 The rovisions or rights granted by set forth in Anaheim Municipal Co de Sec tion 1 8. 0 3. 0£ 3 5 s h a l l a p p y P this resolutioh ~'thinconc (1) year fromdthe datc of thhs csolulionCor such~further time as thc~Plann ng complied w~ Commission may grant. 4. That if, by April 10, 1998, the use which is approved in connection with Co~ditional Use Permit No. 3974 is not under construction, City staff shall prepare a"Reports and Recommendations" statf reporl to t e ro riate zone. P l an n i n g Commission [or initiation ot a zone c}:ange Crom the CL(SC) Zone to a more app p 5. That the legal ownt ~ he bzcon ed CLr(Commerc alt Lim ted) to a self sto~a~enfacilty.vThe form`of sahd use of this prop y, covenant She Oranue Coun y Reco der. Atlcopy o[ tOherreco~ dcde ovenants halllbe submitted to the Zoring Office of t E Division. 6. Tha[ approval of this application constitutes approval of the proposed request only to the extent that it State and Fedcral complies with the Anahcim Municipal Zoning Code and any othcr applicable City, regulations. Approval does not include any action or findings as to compliance ar approval of the. request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine th a~~ionst~herc nab'o e sct' for~th•'SShould any such con ti~o s,aoc~,anynpart~thcreof,Cbe d clarcd a n d a l l o[ t h e c o n invalid or unenfo'cenb~ontained shall be dccmed nullCand[ oid~ m p e t e n l j u r i s d iction, then this Resolution, an any approvals he BE IT FJRTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by thc City to rezonc, the subject property; any S(o cdZOr ~ dcn ed by9 he C ty Ccunc 1 at ths sole Council which shall be a leg'tslative act which may be app discretion. PC97-iG~ -2- ~ ~ THE FOREGOING RFSOLUTION was adoptcd at the Planning Commission mecting of November 10, 1997 _ _ ~ ~- (; PERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNLA ) COUNTI' OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margari[a Solorio, Secretary of thc Anahcim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meetinF of the Anaheim City Planning Commission held on Novembcr 10, 1997, by the following vote ot the mcmbcrs thcrcof: pyES: COMMISSIONERS: BOS'i'~NICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLFS, PERA7~. NOES: COMMISSLONERS: NONE ABSENT: COMMISSIONERS: MAYER J/ IN WITNESS WHERE•OF, 1 have hereunto set my hand ~his ~~/ day o[ ~~a;~~ , 1997. Y~ . SECRETARY, AHE1M C1TY PLANNING COMMISSION -3- PC97-1fi0 ~ ~~ 1; ~. ~ . ,~} ~T~1 C~~;I.~'~1 ~ ~'~.-`~ ]-- OR-9732287 Aiu Plain (anYmge Commiuneet TTTLE OFFICER - SWIERCZEWSKI RE: CHOCO RbALTY SCHEDL1lLE A ~, COMMITMENT DATE: JULY 1, 1997 AT 7:30 A.M. 2, p0[1CY OR POLICIFS TO BE I5SUED: OwNFRS POUCY: AMERICAN LAND TITLF ASSOCIATION OWNER'S POLICY 1992 WITIi RE:iIONAL EXCEPTIONS (I9 ON COMMTIMF.N7' COVER) POI::.'X AMOUNT: Fitr.M1UM AMOUNT: $1,450,000.00 $(TO BE DETERMINED) PROPOSED iP:SURED: CRAIG M. ~:LAUSE~:. 3. (a) 7t1E FSTAIE OR INTERES i~ iN'.S~E 1,AND DFSCRIBED IN 7HIS COMM(7'MENT ~S: A FEE. 3. (b) 'f17LE'f'0 SAID FSTA7'E OR INTEREST AT THE DATE NEREOF IS VES'IED IN: ~ CHOCO REALTY CORPORATION, A CALIFORNIA NONPROFIT CORPORATION~'•. f 4. THE LAND REFERRED T'0 IN 7tI1S COMMITMENT IS DFSCRIBED AS FOLLOWS: PAGE 3 I ~y~-160 ~ Alu Pl~in l~n~uage CommiunuU r'~' OR-9732287 TITLG OFFICER - SW[ERCZEWSKI / ALL TNAT CERTAIN LAND STCUATED IN '[IiE STATE OF CAL(FORNfA, COiJNTY OF ORANGE~ CITY OF ~ APjpHEI1VI, DESCRIBED AS FOLLOWS: ~ ' PARCEL A: THAT PORTION OF LOTS 5 AND 6 OF TRACT NO. 10254, AS SEiOWN ON A MAP RECORDED IN BOOK 468, PAGES 14 TO 22 INCLUSIVE OF MTSCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 26 OF TRACT' NO. 117 AS SHOWN OIV A MAP RECARDED IN BOOK 11, PAGE 16 OF SAID MISCELLANECiiJS MAPS, TOGETFiER WITH THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPEZ DE PEFWLTA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B". PAGE d10 OF JUDGMEN'fS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, ALL AS SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAN 54" RECORI~ED JUNE 24, 1980 IN BOOK 13644, PAGE 1479 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND DESCRIBED AS FOLLOWS: ~ BEGINNING AT A PO1NT ON THE NORTHWESTERLY LINE OF SAID LOT 5, SAID POINT BEING ~ DISTANT THEREON NORTIi 60 DEGREES 38' 42" EAST 70.00 FEET FROM THE MOST WESTERLY CORNER Or SAID LOT 5; THENCE CONTINUING ON SAID NORTHWESTERLY LINE, NORTH 60 DEGREES 38' 42" EAST 110.49 FEET TO THE WESTERLY TERMINUS OF THE NORTHERLY LINE OF SAID LOT 5; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 DEGREES Ol' 14" EAST 22.55 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE ALANG THE NORTHERd.Y ~ PROLONGATION OF THE MOST EASTERLY LINE OF SAID LOT 5, NORTH 0 DEGREES 48' S8" WEST , 12.96 FEET TO THE SOi)THEASTERLY LINE OF THE LAND nESCRBED AS PARCEL: 15 IN THAT '1 CERTAIN FINAL ORDER OF C.ONDEMNATION, SUPERIOR COURT CASE NO. 159982, A CERTIFIED `~ COPY OF WHI~H, WAS RECORDED JANUARY 20, 1971 IN BOOK 9823, PAGE 427 OF SAID OFFICIAL 1 RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 50 DEGREES 38' 42" EAST 52.53 , FEET; THENCE SOUTH 12 AEGREES 38' S2" EAST 27431 FEET; THENCE SUUTH 37 DEGREES 27' 30" WEST 11.21 FEET TO A POINT IN THE NORTHWESTERLY PROLONGATION OF A COURS~ IN THE I EASTERLY BOUNDARY OF SAID TR.ACT NO. 10254, SAID COURSE BEING DESCRIBED AS "NORTH 52 DEGREES 32' 30" WEST 19.71 FEET"; THENCE ALONG SAID PROLONGATION AND SAID COURSE, SOUTH 52 DEGREES 32' 30" EAST 20.00 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 37 DEGREES 27' 30" WEST 128.90 FEET TO A POINT DISTANT 76.14 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG A LINH PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 6, NORTH ~1 29 DEGREES 22' QO" WEST 147.67 FEET TO A POINT IN THE SOUTH• EASTERLY LINE OF CAM1N0 ~; TAMPICO, AS SHOWN ON SAID MAP OF TRACT NO. 10254, BEING A CURVE CONCAVE ~ SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE PASSING THROUGH SA1D ~~. POiNT BEARS SOUTH 71 DEGREES 28' S3" EAST; THENCE NORTHEASTERLY ALONG SAIll CURVE, ~~ THROUGH A CENTRAL ANGLE OF 77 DEGRHES 21' 17", AN ARC DISTANCE OF 67.51 FEET TO A ~ POINT, A RADIAL LINE PASSING THROUGH SAID LAST MENTIONED POINT BEARS NORTH 31 DEGREES 09' S0" EAST; THENCE NORTH 0 DEGREES 48' S8" WEST 2.44 FEET; THENCE ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY L[NE OF SAID LOT 5, NORTH 29 L'EGREES 22' 00" WEST 124.77 FEET TO THE POINT OF BEGINNING. ~~ /'~' r`> PAGE 4 ~q7-160 a~, Alu Plain Language Commiwent r ~ OR-9732287 TCtLE OFFiCER - SWIERCZEWSKI r ~ PARCEL B: ~ THAT PORT[ON OF THE LAND ALLOTTED TO NIEVES LOPEZ DE PERAT.TA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES CQUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAI~ID CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 1 OF DEED (C2611) RECORDED IN BOOK 8819, PAGE 398 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COLJNTY; THENCE 'j ALONG THE SOUTHWESTERLY AND WESTERLY LINES OF SAID PARCEIL 1, NORTH 52 DEGREES 33' 11` 28" WEST 31.55 FEET, AND NORTH 12 DEGREES 38' S2" EAST 233.22 FEET, RESPECTNEi.Y; THENCE NORTH 60 DEGREES 38' 00' EAST 331.63 FEET; THENCE NORTH 76 DEGREES 21' Ol" EAST 207.63 FEET TO THE NORTHWESTERLY CURVED LINE OF PARCEL 4(RELr821) OF THE HIGHWAY RIGEIT OF WAY RELINQUISHED TO THE COUNTY OF ORANGE BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION TS RECORDED IN BGOK 9989, PAGE 623 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON A MAP F~ECORDED IN BOOK 8, PAGE 17 OF STATE HIGHWAY MAPS IN SAID OFFICE, BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,090 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY CURVED LINE AND THE TANGEIIT PORTION OF THE NORTHWESTERLX LINE OF SAID PARCEL 4, TO THE ~, POINT OF R~GINNING. PARCEL C: ALL TIiAT PORTION OF LAND ALLOTTED TO NIEVES LOPEZ DE PERALTA, AS DESCKIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COUR.T OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRiBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATF AF CALIFOTtNIA BY PARCEL I OF DEED (C2611) RECORDED DECEMBER 18, 1968 AS INSTRi3MENT N0. 11934, IN BOOK 8819, PAGE 398 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER QF SAID ORANGE COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL I, NOFLTH 52 DEGREES 33' 28" WEST 31.55 FEET TO AN ANGLE POINT THEREIN, SAID ANGLE POINT ALSO BEING IN THE EASTERLY BOUNDARY OF THAT CERTAIN DEEB DESCRIBED IN DEED RF~ORDED MARCH 31, 1961 AS INSTRUMENT NO. 21059, IN BOOI~ 5674, PAGE 291 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE ALONG SAID EASTERLY BOUNDARY, SOUTH 13 DEGREES 34' S0" EAST TO COURSE NO. 10 DESCRIBED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA RLCORDED SEPTEMBER 6, 1951 AS INSTRUMENT NO. 45705, IN BOOK 2227, PAGE 96 OF OFFICIAL RECORDS IN TH'E OFFICE OF THF COUNTY RECORDER OF SAID dRANGE COUNTY; THENCE, ALONG SAID COURSE N0. 10, IvORTH 36 DEGREES 44' 42" EAST TO THE POINT OF BEGINNING. _ ~~~;~,J PAGE S ~ y'-16D ~ ~ ~: Alu Pl~in Lan~m`e Commimmm PARCEL D: OR-9732287 TITLE OFFICER • SWIERCZEWSKI THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPES DE PERALTA, AS DESCRIBED IN THE F1NAL DECREE OF PARTIIION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOUK °B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 11TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALiFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF COURSE N0. 10 DESCRIBED IN PARCEL 3 OF ' DEED TO THH STATE OF CALIFORNIA RECORDED SEPTEMBER 6, 195? IN BOOK 2227, PAGE 96 OF • OFFICIAL RECORDS OF ORANGE COL,TNTY, CALIFORNIA, SAID COURSE HAVING A BEARING AND ;• DISTItNCE OF "SOUTH 36 DEGREES 44' 42" '+~~EST 97.41 FEET"; THENCE ALONG TETE ' NOl:THWESTERLY LINE OF SAID DEED TO THE STATE UF CALIFORNIA NORTH 37 DEGREES 27' 30" EAST 97.41 I'EET TQ TFiE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A TtADIUS OF 3~90.00 FEET, MD NI~RTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 22' 07" AN ARi: DI.STANCE OF 559.19 FEET TO A POINT IN THE SOUTHERLY LINE OF THE RNERSIDE FREEVv AY SHOWI3 OIQ PARCEL 4 OF A RELINQUISHMENT MAP RECORDED IN BDOK 8, PAGES 9 THROUGH 17 WCLUSIVE ~OF STATE HIGHWAY NxAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, A RADIAL L(NE OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 42 DEGREES 10' 23' WEST; THEidCE ALONG SAID SOUTEIERLY LINE NORTH 76 DEGREES 21' O1" EAS'f 84.25 FEET TO A PC~INT iN A CURVE CONCAVE SO(JTHEASTERLY HAVR~IG A RADIUS OF 974.00 FEET; A RADIAL LINE OF SAI~ CURVE PASSING THROUGH SAID POINT BEARS NORTH 30 DEGREES 23' 35" WEST; THENCE SOUTHVJESTERLY ALONG SAID CURVE THTtOUGH A CENTRAL ANGLE OF 15 DEGREES 11' 15" AN ARC DISTANCE OF 258.18 FEET TO TFIE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVII3G A RADNS OF 3074.00 FE'F.T, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 45 DEGREES 34' S0" WF.ST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF J6 DEGREES 57' 40" AN ARC DISTANCE OF 373.47 FEET; THENCE SOUTI3 37 DEGREES 27' 30" VJEST 97.41 FEET TO THE INTERSECTION WITH COURSE NO. 11 OF SAID PARCEL 3; THENCE ALONG SAID COURSE N0. 11, NORTH 52 DEGREES 32' 30" WFST 16.00 FEET TO THE POINT OF BEGINNING. j~ __...__..... .._. „ ........ ...... _......... . .... .._ ...... .. . ........ .... ... . . ,. ......._. ., . i~ . . ~;;•~ ~ ~; ~~ ~9~- lGD