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Resolution-PC 98-153RESOLUTION NO. PC98-153 A RESOLUTION OF THE APJAHElM CITY PLANNIl~G COMMISSION THAT PE'(ITION FOR RECLASSIFICATION NO. 98-99-03 BE GRANTED, UNCONDITIONALLY WHEREAS, the Anaheim City 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 foilows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE RANCHO LOS COYOTES, IN THE GITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A M.4P RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEJUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT IN THE SOUTH LINE OF SAID SOUTHWEST QUARTER DISTA(JT THEREON SOUTH 89° 42' 15" WEST 390.00 FEET FROi.". THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT AL;;O BEING THE SOUTHWES'f CORNER OF "NOT A PART OF THIS SUBDiVISION' AS SHOWN ON THE MAP OF TRACT NO. 2426, FILED IN BCOK 72, E'AGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE C~~UNTY, CALIFORNIA, THENCE ALONG THE BOUNDARIES OF SAID "NOT~4 PART' THE FOLLOWING CURSES: NORTH 0° 17' 45" WES7 164.64 FEET TO A POINT ON A CURVE CONCAVE NORTI-1WESTERLY HAVING A RADIUB OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26° 15' S9" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 57' 57" AN ARC DISTANCE OF 98.61 FEET; THENCE NORTH 89° 59' S5" EAST 113.35 FEET TC A POINT IN A LINE PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER AND DISTANT WESTERLY THEREFROM, MEASURED AT RIGHT ANGLES, 130.00 FFET; THENCE SOUTH 0° 0" 05" EAST ALONG 3AID PAP.ALLEL LINE 233.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION; THENCE SdUTH 89° 42' ? 5" WEST ALONG SAId SOUTH LINE 180.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 31, 1998 at 1:30 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 18.03, ta hear and consider evidence for and against said proposed reciassification and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued to the meetings of September 14 and September 28, 1998; 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 the petitioner proposes reclassification of subject property from the RS-A-43,000 (Residentiai/Agricultural) Zone to the RS-7200 (Residential, Single-Family) Zone. CR3441 PK.DOC -1- PC98-153 2. That the Anaheim General Plan designates subject property for Low Density Residential land uses which allows up to six dwelling units per acre; and that for !his 0.72-acre property, the • corresponding maximum number of dwelling units is four and the prop~sal is for a two lot, single-family RS-7200-zoned subdivision which is in compliance with, and less dense than, the existing General Plan desigrtation. 3. That the proposed reciassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones ar.d their permitted use~ locally esta6lished in close proximity to subject property and to the zones and their permitted uses generaily established throughout the community. 5. That no onP indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMFNTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for reclassification from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-7200 (Residential Single-Family) Zone of a 0.72-acrc:~ irregularly-shaped property having a frontage of 180 feet on the north side of Ball Road, a maximum depth of 983 feet and being located 128 feet west of the centerline of Nutwood Street (1915 West Bal~ Road); and does hereby approve the Negative Declaration upon finding that 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 comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLV~D that the Anaheim City Planning Conmission does hereby appruve the subject Petition for Reclassification, unconditionally, to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the RS- A-43,000 (Residential/Agricultural) Zone and to incorporate said described property into the RS-7200 (Re~6~ential Single-Family) Zone. 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 e approved or enied by the City Council at its sole discretion. THE FOREGOING RESOLUTIO w dopted at the ,ia ni~g Commission meeting of September 28, 1998. ~ ' / , y~ / C ~• i ~~ CHAIRP~(~SO ~, NAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, AN~,HEIM CITY PLANNING COMMISSION CR3441 PK.DOC -2- PC98-153 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commiss(on, do hereby certiP~ that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 28, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: GOMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS ,~^~~y~~ IN WITNESS WHEREOF, I have hereunto set my hand this a~~~ day of ~`"~^-r.~~ , 1998. ~'aRc~ ~wR~ SECRETAR ANAHEIM CITY PLANNING COMMiSSION CR3441 PK.DOC -3- PC98-153