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Resolution-PC 2001-119• • RESOLUTION NO. PC2001-119 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2001-00055 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: PARCEL 1 THAT PORTION OF LOT 16 OF "ANAHEIM EXTENSION", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY WILLIAM HAMEL DECEMBER 11, 1868 AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY THEREOF BEiNG ON FILE iN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, IN BOOK 3, PAGES 163 ET SEQ. OF "LOS ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF PLACENTIA AVENUE 60.00 FEET IN WIDTH (NOW STATE COLLEGE BOULEVARD) AND VERMONT AVENUE 66.00 FEET IN WIDTH, SAID POINT ALSO BEING THE -- SOt1~F#EAS~ERLY CQRRFER 4F SA4D ~OT 16; Tk~~N~E Fk~OM SAI-D- POINT -. OF BEGINNING AND ALONG THE CENTERLINE OF VERMONT AVENUE AND THE SOUTHERLY LINE OF SAID LOT 16, SOUTH 74 DEGREES 34' 15" \J~JFST Fd~,4'~ F~~~, MQRE OR LESS, TO THE WESTERLY LINE OF THE LAND CONVEYED TO BERNARD SCHROEDER BY DEED RECORDED IN BOOK 352, PAGE 266, DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF THE LAND OF SCHROEDER, NORTH 15 DEGREES 27' 20" WEST 255.83 FEET; THENCE ENTERING THE LAND OF SCHROEDER, NORTH 74 DEGREES 34' 15" EAST 712.57 FEET, ORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 16, AND THE CENTERLINE OF PLACENTIA AVENUE; THENCE ALONG THE EASTERLY LINE OF SAID LOT 16, AND THE CENTERLINE OF PLACENTIA AVENUE, SOUTH 0 DEGREES 15' 15" WEST 265.51 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 340 FEET THEREOF. PARCEL 2: THAT PORTION OF LOT OF A OF TRACT O, 2205, AS SHOWN ON A MAP P.~C~P.JE~ !N ROQK ~4, PA~CzFS ~3, 34 AND ~5 (~F MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 8417, AS SHOWN ON A MAP RECORDED IN BOOK 339, PAGES 49 AND 50 OF SAID MISCELLANEOUS MAPS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 2001 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 CR5173PK.DOC -1- PC2001-119 ~J • 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 CL (Commercial, Limited), RM-1200 (Residential, Multiple-Family) and RS-7200 (Residential, Single-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone. 2. That the Anaheim General Plan designates subject property for Low Density Residential land uses. 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 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 the public hearing in opposition to the proposal; and that no correspondence was received in opposition. 6. That one person spoke in favor of the proposal at the public hearing; that 19 people present at the public hearing indicated their approval of the proposal; and that one letter in support of the proposal was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the CL (Commercial, Limitedl; RM-1200 (Residential, Multiple-Family) and RS-7200 (Residential, Single-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone on an irregularly-shaped 1.45-acre property located at the northwest corner of State College Boulevard and Vermont Avenue, with frontages of 250 feet on the north side of Vermont Avenue and 225 feet on the west side of State College Boulevard, and further described as 891 South State College Boulevard; 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 exclude the above-described property from the CL (Commercial, Limited), RM-1200 (Residential, Multiple-Family) and RS-7200 (Residential, Single-Family) Zones and to incorporate said described property into the RS-A-43,000 (Residential/Agricultural) 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 Qnaheir.±: That prior to introduction of an ordinance rezoning subject property, the petitioner shall submit a preliminary title report to the Zoning Division showing the legal vesting of title and containing a legal description and map of the property. -2- PC2001-119 u ~ 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 Municipal 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. 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 applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be deciared 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. 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. TF+€ FOREGOENG ~ESOLUT-t0~1 was adopted a~the Flanning Commission -mee.ting of _. August 27, 2001. f RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: \ / ~_J / l iC~l~w.-e..~-~- / SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 August 27, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE / IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~.?rt. , 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-119