Resolution-PC 2003-6• •
RESOLUTION NO. PC2003-6
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00088 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 THE LAND ALLOTTED TO JUAN YORBA, 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 410 OF
JUDGEMENTS OF THE DISTRIC COURT OF THE 17T" JUDICIAL DISTRICT IN AND
FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 339.13 FEET OF THE NORTHEASTERLY 174.10 FEET OF
THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT IN THE CENTERLINE
OF SANTA ANA CANYON ROAD, AS DESCRIBED IN THE DEED RECORDED JUNE 7,
1928 IN BOOK 171 PAGE 144 OF OFFICIAL RECORDS, SAID POINT BEGIN LOCATED
688.16 FEET NORTH 60° 22' 55" EAST FROM A BOLT MARKING THE POINT OF
INTERSECTION OF A CURVE, SAID BOLT BEING APPROXIMATELY 121.00 FEET,
MORE OR LESS, EASTERLY ALONG SAID HIGHWAY FROM THE WEST LINE OF THE
JUAN YORBA ALLOTMENT OF THE RANCHO SANTIAGO DE SANTA ANA, FROM
- -SAI.D POI.NT _QF ~EGI.NNING NORTH 60° 22' 55" EAST 478.84 FEET ALONG SAID
CENTER LINE; THENCE NORTH 29° 03' 20" WEST 1073.71 FEET TO A POINT IN A
COMPROMISE BOUNDARY LINE AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 38
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID COMPROMISE LINE SOUTH
67° 54' 30" WEST 459.85 FEET TO A POINT IN A LINE DRAWN NORTH 27° 55' 35"
WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 27° 55' 35" EAST 1134.39
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 January 13, 2003 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-5,000 (SC) (Residential, Single-Family;
Scenic Corridor Overlay) zone.
2. That the Anaheim General Plan designates subject property for Hillside Low-Medium Density
Residential land uses.
3. That the proposed reclassification of subject property is necessary and 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.
CR\pc2003-6.doc -1- PC2003-6
•
~
That one person spoke at the public hearing in favor of the proposal.
6. That one person spoke at the public hearing with questions and concerns regarding the
proposal.
7. That one person spoke at the public hearing in opposition to the proposal; and that one letter
was received with concerns and opposition regarding 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-5,000 (SC) (Residential, Single-Family -
Scenic Corridor Overlay) Zone on a rectangularly-shaped 1.1-acre property having a frontage of 174 feet on the
north side of Santa Ana Canyon Road and a maximum depth of 291 feet, being located 442 feet west of the
centerline of Quintana Drive, and further described as 6161 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 exclude the above-described property from the RS-A-43,000(SC)
(Residential/Agricultural) Zone and to incorporate said described property into the RS-5000 (SC)(Residential,
~ingle=Fa~iGy) Z-one-upon the fallowing 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:
That a preliminary title report shall be submitted to the Zoning Division showing the legal vesting of title, a
legal description and containing a map of the prope~ty.
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 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.
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.
-2- PC2003-6
~
13, 2003.
•
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January
CHAIRPERSON, ANAHEIM CIT PLANNING COMMISSION
ATTEST:
.~ ~~~-G~s ~~rc_ ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this o~-g~ day of r,
2003.
.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2003-6