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Resolution-PC 2004-113~ ~ RESOLUTION NO: PG2004-113 - A RESC)LUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO: 2003-00109 8E GRANTED . (NO ADDRESS) , WNEREAS, 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 BEING A PORTIQN OF PARCELS 2 AND 3 OF PARCEL MAP 87-252 ;RECORDED IN 900K 226, PAGES 33 T0 34 OF PARCEL MAPS, OFFICIAL RECORDS: PARCEL 1: BEGINNING AT THE EASTERLY TERMINUS OF A LINE SHOWN AS NORTH 89° 59' 51" EAST 862:16 FEET IN THE NORTHERLY LINE OF SAiD PARCEL 3; THENCE ALONG SAID NORTHERLY LINE AND THE BOUNDARY OF' SAID PARCEL 3 THE ' FOLLOWING COURSES: SOUTH 89° 59' 51" WEST 86Z.16 FEET, SOUTH 71° 23' 00" WEST 365.96 FEET, SOUTH 10° 28' 37" WEST 359.95 FEET, SOUTH 53° 59' 39" WEST 216.s0 FEET ' TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 301:75 FEET; THENCE SOUTHWESTERLY 3.96 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 00° 45' 10'; THENCE : CONTINUING ALONG SAID PARCEL 3 SOUTH 80° 32' 46" EAST 1592.22 FEET, THENCE DEPARTING FROM SAID PARCEL 3 NORTH 53° 21' 02" WEST 85.00 FEET, THENCE NORTH . 21° 59' 52" WEST 133.00 FEET; THENCE NORTH 80° 31' 2'I° EAST 67.98 FEET; THENCE SOUTH 75° 02' S9" EAST 181.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF A NON-TANGENT CURVE BEARS NORTH 70° 33' 29" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLE OF 28° 40' 05": THENCE NORTH 75° 02' 59" WEST 410.60 FEET: THENCE NORTH 14° 45' 77" EAST 616.76 FEET TO THE POINT OF BEGINNING; PARCEL 2: BEGINNlNG AT THE EASTERLY TERMINUS OR A LINE SHOWN AS NORTH 89°59' S1" EAST 861.16 FEET 1N THE NORTHERLY LINE OF SA1D PARCEL 3; ' THENCE AL~NG SAID NORTHERLY LINE AND THE BOUNDARY OF SAID PARCEL 3 THE FOLLOWING COURSES: NORTH 56° 41' 03" EAST 1321.72 FEET, SOUTH 12° 27' 04" EAST 731.79 FEET, NORTH 77° 30' S3" CAST 31.17 FEET, SOUTH 68° 49' 19" WEST 11.45 FEET. TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 720.00 FEET; THENCE WESTERLY 22.25 FEET ALONG SAID CURVE AND BOUNDARY OF SAfD PARCEL 3 THROUGH A CENTRAL ANGLE OF 01° 46' 15" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 55.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 22° 56' 56" WEST: THENCE NORTHWESTERLY 39.63 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 41° 16' S7" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADlUS OF 45.00 FEET, A RADIAL LINE THROUGN SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 18° 20' 09" WEST, THENCE WESTERLY AND SOUTHERLY 111.74 FEET ALONG SAID CURVE THROUGH A CENTRAl. ANGLE OF 142° 16' 01" TO THE BEGINNWG OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 700.00 FEET. A RADIAL LINE THROUGH SAID BEGINNING OF NON-TANGENT CURVE BEARS SOUTH 32° 00' 08" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND CONTINUlNG ALONG SAID PARCEL 3 122,85 FEET THROUGH A CENTRAL ANGLE OF 10° 03' 19" 70 THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADItJS OF 700.00 FEET; THENCE SOUTHWESTERLY 345.01 FEET ALONG SAID CURVE AND BOUNDARY OF SAID PARCEL 3 THROUGH A CENTRAL ANGLE OF 28° 14' 21"; THENCE DEPARTING SAID BOlJNDARY OF PARCEL 3 ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL 2 SOUTH 29° 25' 13" EAST 853:12 FEET; THENCE CONTINUING ALONG SA1D CR\PC2004=113 -1- ` PC2004-113 ~ ~ PARCEL 2 NORTH 80° 32' 46° WEST 1087.79 FEET; 7HENCE DEPARTING FROM BOUNDARY OF SAID PARCEL 2 NORTH 53° 21' 02" WEST 85.00 FEET; THENCE NORTH 21° 59' 52" WEST 133.OO.FEET; THENCE NORTH 80° 31' 21" EAST 67,89 fEET: THENGE SOUTH 75° 02' 59" EAST 181.04 FEET TO THE BEGiNNING OF A NON-TANGENT CURVE,CONCAVE' NORTHEASTERLY HAVING A RADIUS OF 43.00 FEET A RADIAL LINE TO SAID BEGINNING OF A NON-TANGENT CURVE BARES NORTH 70° 33' 29" EAST: THENCE NORTHWESTERLY ' ALONG SAID CURVE 21.52 FEET THROUGH A CENTRAL ANGLEOF 28° 40' 05'; THENCE NORTH 75° 02' 59" WEST 410.60 FEET; THENCE NORTH 14° 45' 17" EAST 616.76 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 9, 2004, 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;' Cliapter 18.60, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued"to the September 8 and 20, 2004, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, itlveStlgatlo-1 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 the properfy from the T(SC)(Transition; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family Hillside Residentia(; Scenic Corridor Overlay) T(SC) (Transition; Scenic Corridor Overlay) and OS (SC} (Open Space; Scenic Corridor Overlay} zones. 2. That the Anaheim General Plan designates subject property for Estate Density Residential land uses. 3. That the proposed reclassification of subjectproperty is necessary and/or desirable forthe orderly and proper developmenf of the community. 4. That the proposed reclassificafion 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 the proposed reclassification of subject property requires the improvement of abutting streets in accordance with the Circulafion Element of the General Plan, due to the anficipafed increase in traffic which will be generated by the intensification of land use. 6. That six people indicated their presence at said public hearing with concerns and suggestions; and that 6 letters of correspondence were received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: Staff has reViewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant - adverse environmental impacts, which cannot be mitigated to a level of insignificance. Mitigation measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No. 124 for the project. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and #hat it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition af mitigation measures, that the project will have a significant effect on the environment. Commission' may wish to nofe that the mitigation measures identified and incorporated into this Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of the Public Resources Code. -2- PC2004-113 ~ ~ NOW, THEREFORE, B6 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 4he Anaheim Municipal Code to exclude a portion of the above-described property from the T(SC)(Transition; Scenic Corridor Overlay), zone and to incorporate said described property into the RH-2(SC~ (Single-Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; 8cenic Corridor Overlay) zones upon the following conditions which are here6y found to 6e 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 prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services 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 Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Plannfng 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 Municipaf Zoning Code and any other applicable City, Sfate 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 approvafs 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. THE FOREGOING RESOLUTION was adopted at the Pfanning Commission meeting of October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures m y be rep(aced by a City Council Resolution in the event of an appeal. ~'` CHAIRMAN, AN EIM CITY PLANNING COMMISSION ATTEST: ~~ /"~~`~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION : -3- PC2004-113 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHElM ) I, Efeanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopfed at a meeting ofithe Anaheim City Planning Commission held on October 4, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,-0'CONNELL, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMlSS10NERS: ROMERO, VELASQUEZ IN WITNESS WHEREOF, I have hereunto set my hand this _~~~~ day of ~D P1L , 2004. .~ i~iGl--Q~~..sa----' I~~~`GC7 ai~""J SENIOR SECRETARY, ANAHEIM CITY PLANNING GOMMISSION _4, PC2004-113