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Resolution-PC 2000-68• • RESOLUTION NO. PC2000-68 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2000-0021 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 California, described as follows: THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE OF THE CENTER LIN':E OF THE SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED RECORDED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS OF ORANGE COUNTY, SAID BOLT BEING LOCATED APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTION OF SAID CENTER LINE BY THE WEST LINE OF SAID JUAN YORBA ALLOTMENT; THENCE NORTH 60 DEGREES 22' S5" EAST 306.34 FEET ALONG THE TANGENT OF SAID CURVE AND THE CENTER LINE OF SAID HIGHWAY TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 249.22 FEET MEASURED ALONG SAID CENTER LINE FROM THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO KARL AHRENS, RECORDED JANUARY 17, 1948 IN BOOK 1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUITH 29 DEGREES 13' 15" EAST, 411.74 FEET ALONG SAID PARALLEL LIN~ TO THE NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE SANTA ANA VALLEY IRRIGATION COMPANY AND RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF O~FICIAL RECORDS OF SAID COUNTY; THENCE NORTH 78 DEGREES 20' WEST 542.42 FEET ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 4 OF THE LAND OF E. WALTER PYNE, AS SHOWN ON LICENSED SUR~YEY MAP FILED IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF SiAID COUNTY; THENCE NORTH 3 DEGREES 50' 40" EAST 78.70 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TANGENT LINE OF SAID CURVE; THENCE NORTH 74 DEGREES 10' 25" EAST 71.97 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 May 22, 2000 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, 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 the petitioner proposes reclassification of subject property from the RS-A- 43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-7200(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone. 2. That the Anaheim General Plan Land Use Element designates this property for Hillside Low Density Residential land uses. CR3967PK.doc -1- PC2000-68 ~ • 3. That the proposed reclassification 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 and their permitted uses locally establishe~ in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because the proposed zoning is the same as the RS-7200(SC) zoning on adjoining properties to the east and south and on nearby properties on the west side of Anaheim Hills Road, and that it is compatible with the RS-5000(SC) zoning on the north side of Santa Ana Canyon Road; and that all the surrounding land uses are single family , residential. 5. That no one indicated their presence at the public hearing in opposition to the proposal, and that one letter was received in favor of the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-7200(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone on a irregwlarly-shaped, 1.21-acre property located at the southeast corner of Santa Ana Canyon Road and Anaheim Hills Road, having frontages of 284 feet on the south side of Santa Ana Canyon Road and 44 feet on the east side of Anaheim Hills Road, and further described as 6100 East Santa Ana Canyon 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 RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exc9ude the above-described property from the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) Zone and to incorporate said described property into the RS-7200(SC) (Residential, Single-Family; Scenic Corridor Overlay) 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 general welfare of the Citizens of the City of Anaheim: 1. That a preliminary title report shall be furnished to the Zoning 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. If the ordinance is disapproved, the procedure set forth in Anaheim Munici,pal Code Section 18.03.085 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 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 the Anaheim City 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 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 contained, shall be deemed null and void. -2- PC2000-68 ~ ~ 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. May 22, 2000. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ~~ ~G4~~ CH IRPER ON, AN HEIM CITY ANNING COMMISSION ATTEST: SEC ETA , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 22, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2000. ~ ~0~4' S RE , ANAHEIM CITY PLANNING COMMISSION -3- PC2000-68