Resolution-PC 99-137RESOLUTION NO. PC99-137
A RESOLUTION OF THE ANAHEIM CITY PlANNING COMMISSION
THAT PETI710N FOR RECLASSIFICATION NO. 99-00-03 BE GRANTED
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 Califomia,
described as follows:
LOT 8 OF TRACT NO. 1843, AS SHOWN ON A MAP RECORDED IN BOOK 53,
PAGES 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA
and
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER AP~D THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 12, TOV'VNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 13 OF TRACT NO 1843,
AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 45 AND 46 OF SAID
MISCELLANEOUS MAPS; THENCE NORTH 89° 34' 07" WEST, ALONG THE
SOUTH LINE OF SAID LOT 13 AND THE WESTERLY EXTENSION THEREOF,
150.00 FEET TO A POINT IN THE CENTERLINE OF PLACENTIA AVENUE, AS
SHOWN ON SAID MAP OF TRACT N0.1843; THENCE SOUTH 0° 25' 53"
WEST, ALONG SAID CENTERLINE OF PLACENTIA AVENUE, 195.19 FEET;
THENCE SOUTH 0° 11' 45" WEST 4.25 FEET TO THE INTERSECTION OF
THE CENTERLINES OF PLACENTIA AVENUE AND ANAHEIM-OLIVE ROAD,
AS SHOWN ON SAID TRACT NO. 1843; THENCE SOUTH 78° 52' 26" EAST,
ALONG SAID CENTERLINE OF ANAHEIM-OLIVE ROAD, iFi2.82 FEET TO
THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE
OF LOT 12 OF SAID TRACT N0.1843' THENCE NORTHERLY ALONG SAID
EXTENDED LINE AND THE WEST LINE OF SAID LOT 12 A DISTANCE OF
163.88 FEET TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE
NORTH 37° 53' 25" WEST 16.13 FEET; THENCE NORTH 0° 25' 53" EAST
53.12 FEET TO THE POINT OF BEGINNING.
and
THE WEST 35.00 FEET OF LOT 12 OF TRACT N0. 1843, AS SHOWN ON A
MAP RECORDED IN BOOK 53, PAGES 45 AND 46 OF MISCELLANEOUS
MAPS, RECORDS AF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH
THAT PQRTION OF THE SOUTH HALF OF THE ALLEY, 20.00 FEET WIDE,
ADJOINING SAID LOT 12 ON THE NORTH, AS SAID ALLEY WAS
ABANDONED BY RESOLUTION NO, 2550 OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH WAS RECORDED
NOVEMBER 15, 1954 IN BOOK 2869, PAGE 219 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY, SAID PORTION BEING BOUNDED EASTERLY BY
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
WEST 35.00 FEET OF LOT 12 AND BOUNDED WESTERLY BY THE
GENERAL WEST LINE OF SAID TRACT N0. 1843.
CR3697PK.DOC -1- PC99-137
and
THAT PORTION OF LOT 19 OF TRACT N0.184::,, AS SHOWN ON A MAP
RECORDED IN BOOK 53, PAGES 45 AND A4E OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY„ CALIFORN;A, TOGETHER WITH THAT
PORTION OF THE ALLEY, 20.00 F~ET WIDE, F~DJOINING SAID LOT 19 ON
THE WEST AND THAT PORTION OF THE NOF2TH HALF OF THE ALLEY,
20.00 FEET WIDE, ADJOINING SAID LOT 19 ON THE SOUTH, AS SAID
ALLEYS WERE ABANDONED BY RESOLUTION N0. 2550 OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH WAS
RECORDED NOVEMBER 15, 1954 IN BOOK 2869, PAGE 219 OF OFFICiAL
RECORDS OF SAID ORANGE COUNTY, LYfNG WESTER~Y OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A('OINT IN THE NORTHERLY LINE OF SAID LOT 19,
DISTANT SOUTH 89° 34' 07" EAST 20.00 FEET FROM TME NOR7HWEST
CORNER OF SAID LOT 19; THENCE SOUTH 0° 25' 53" WEST TO THE
CENTERLINE OF SAID ALLEY.
and
LOT 3 OF TRACT NO. 1843, AS SHOWN ON A MAP RECORDED IN BOOK 53,
PAGES 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNfA.
and
LOT 20 OF TRACT NO. 1843, AS SHOWN ON A MAP RECORDED IN BOOK
53, PAGES 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
and
LOTS 10, 11, 12 AND 19 OF TRACT NO. 1843, AS SHOWN ON A MAP RECORDED IN
BOOK 53, PAGES 45 AND 46 OF MISCELLANEOUS MAPS RECORDS OF ORANGE
COUNTY, CALIFORNIA TOGETHER WITH THAT CERTAIN ALLEY, 20.00 FEET WIDE, AS
SAID ALLEY IS SHOWN ON SAID TRACT 1843, AS SAID ALLEY WAS VACATED AND
ABANDONED BY RESOLUTION NO. 2550 OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, A CERTIFIED COPY OF WHICH WAS RECdRDED NOVEMBER 15, 1954 IN
BOOK 2869, PAGE 219 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE WEST 35.00 FEET OF SAID LOT 12
ALSO EXCEPTING FROM SAID LOT 19 AND SAID ALLEY, THAT PORTIQN THAT LIES
WESTERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTFiERLY LINE OF SAID LOT 19 DISTANT SOUTH
89° 34' 07" EAST 20.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT 19;
THENCE SOUTH 0° 25' 53" WEST TO THE SOUTHERLY LINE OF SAID LOT 19; THENCE
CONTINUING SOUTH 0° 25' S3' WEST TO THE CENTERLINE OF SAID ALLEY; THENCE
EASTERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE INTERSECTION WITH
TNE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE WESTERLY 35.00
FEET OF SAID LOT 12; THENCE SOUTHERLY ALONG SAID PROLONGATlON TO THE
NORTHEAST CORNER OF THE WESTERLY 35.00 FEET OF SAID LOT 12. ALSO
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF
CR3697PK.DOC -2- PC99-137
ANAHEIM RECORDED AUGUST 24, 1998 AS INSTRUMENT NO. 19980555467 OF SAID
OFFICIAL RECORDS.
WHEREAS, the City Planning Cemmission did hold a public hearing at the Civic Center in
the City of Anaheim on July 19, 1999 at 1:30 p.m., notice of said public hearing having beon duly given as
required by law and in accordance with the ~rovisions of ihp Anaheim Municipai Code, Chapter 18.03, 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
itseif and in its behalf, and after due consideration of ail evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner propuses to reclassify subject property from the RS-7200 (Residential,
Sinc~le-Family), CO (Commercial, Office and Professional) and CL (Commercial, Limited) Zones to the CL
(Commercial, Limited) Zone.
2. That the Land Use Element of the General Plan currently redesignates this property for
Low Density Residential and Commerciai Professional ~and uses, but the Planning Commission has
recommended that City Council adopt pending General Plan Amendment No. 367 to re-designate the
property Commercial Professional.
3. That the proposed reclassification of subject property is necessary and/or desirabie for
the orderly and proper development of the community.
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 property and to the zones and
their permitted uses generally established throughout the community.
5. That no one indicated their presence at said public hearing in opposition to subject
petition; that two concerned people spoke at the hearing; and that no correspondence was received in
opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the RS-7200
(Residential, Single-Family), CO (Commercial, Office and Professional) and CL (Commercial, Limited)
Zones to the CL (Commercial, Limited) Zone on a 1.45-acre irregularly-shaped property located at the
northeast corner of State College Boulevard and L(ncoln Avenue and on the south side of Ward Terrace,
having frontages of 394 feet on the north side of Lfncoln Avenue,145 feet on the east side of State
College Boulevard and 129 feet on the south slde of Ward Terrace (128 South State College Boulevard,
2015 -2107 East Lincoln Avenue and 2104 Ward Terrace); 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 RESOLVED that the Anaheim City Plannfng 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 RS-7200
(Residential, Sinc~le-Family), CO (Commercial, Office and Professionai) and CL (Commercial, Limfted)
Zones to the CL (Commercial, Limited) Zone, and to incorporate said described property into the 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 safety and generai weifare of the Citizens of the City of
Anaheim:
CR3697PK.DOC -3- PC99-137
1. That complet!nr. t~f these reclassificat(on pr~ceedings is contingent upon approvai of General Plan
,4mendment Nc• 3t+? ;+.~ r~esignate this property from the Low Density Residential and
Comrra~rc:a! Frofess6~nal land use designations to the General Commercial land use designatfon)
by !hc• .^, ity ~ounc;l.
2. `?fl ~~ t the feg~i pr~~,rty owner shall submit a letter to the Zoning Division requesting termination of
U ~~~a~;c~ ^!~. •;&46-8 (to permft a service statfon).
3. Th~t a lo! IEne adjuatment shall be submitted to the Public Works Department, Development
;: ~r~3ces Qivlsi~n, to merge the existing parcels into one (1) lot. The lot line adjustment shall be
; ~pp~oved by titi~ ~i.`~+ Engineer and recorded in the Office of the Orange County Recorder.
4. '; hat t~e approval of this reclassification is subject to approval of Abandonment No. 99-15 by the
~ity Council to abandon the existing public alley and to dedicate and realign said alley.
5. That the legal propert~ ¢wner shall release and relinquish to the City of Anaheim vehicle access
riAhts to Cenpla 1Jay and Ward Terrace.
6 i'hat prior to placement of an ordinance rezoning subject property on an agenda for City Council
cons(deration, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be compieted. The City
Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is
disapproved, the procodure set forth in Anaheim Municipal Code Section 78.03.085 shall apply.
The provisions or rights granted by this resolution shall become nuil and void by action of the
Planning Commissfon unless safd conditions are complied with with(n one (1) year from the date
of thfs resolution, or such further time as the Planning Commission may grant,
7. That approval of this appiication constitutes approval of the proposed request only to the extent
that (t complfes with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Appraval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordfnance, regulat(on or requirement.
BE IT FURTHER RESOWED that the Anaheim City Plann~ng Commission does hereby
find and determine that adopt(on of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions here(nabove seQ 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 contafned, shall be deemed nutl and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
cortYnitment by the City to rezone, the subject property; any such rezon(ng shall require an ordlnance of
the ~Jlty Council whfch shalt be a legislative act which may be approved o denied by the Cfty Councii at
il~ sole discretion. r,
July 19, 199S.
THE FOREGOING
ATTEST:
~u/~ e~e~~ecs~
SECRETARY, AN EIM CITY PLANNING COMMISSION
Commission meeting of
CR3697PK.DOC -~t- PC99-137
-~, -
STRT@ ~~F' CALIFORNIA )
COiJN?'•1' OF ORANGE ) ss.
CI7"%~F,4NAHEIM )
I, Margarita Sotorio, Secretary of the Anaheim Cfty Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plan~ing
Commission held on July 19,1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, IJAPOLES, VANDERDILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ~SPINC, KOOS
iN WITNESS WHEREOF, I haye horeunto set my hand this ~" ~ day of
~, 1999.
/' , ~b~~
SECRETARY, AN EIM CITY PLANNING COMMISSION
CF33697PK.DOC -5• PC99-137