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Resolution-PC 2004-148~ ~ RESOLUTION NO. PC2004-148 - A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FORRECLASSIFICATION NO. 2004-00138 BE GRANTED (NO ADDRESSES - THE SOUTHERLY TERMINUS OF VENTURA STREET AND MINOT STREET AT THE I-5 FREEWAY) ' WHEREAS, the Anaheim 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 LOTS 154 TO 157 1NCLUSNE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS `SHOWN ON' A MAP RECORDED IN BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, W THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGfNNING AT A POINT ON THE CENTERLINE' O~ VENTURA STREET AS SHOWN OIV SAID TRACT N0. 220T. SAID POINT BEING DISTANT THEREON' SOUTH 33 DEGREES, 53' 13" WEST, 232.13 FEET FROM -l'HE CENTERLINE INTERSECTION OF VENTURA STREET AND FALMOUTH AVENUE AS SHOWN ON SAID TRACT; THENCE SOUTH 67 DEGREES, `14' 00" EAST 221.27 FEET; THENCE SOUTH 66 DEGREES, 23' S3" EAST 68.79 FEET TO A POINT ON THE EASTERLY LINE OF LOT 157 OF SAID TRACT: SAID POINT BEING DISTANT THEREON S.OUTH 00 DEGREES, 18'40" WEST, 84.84 FEET FROM THE NORTHEAST CORNER OF SAID LOT 157. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927. ZONE 6, MULTIPLY ALL DISTANCES ' USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES. ALL OF LOTS 11 THOUGH 19 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN . BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAtD COUNTY. TOGETHER WITH THAT PORTION OF LOT 10 OF SAID TRACT N0. 2201, LYING SOUTHEASTERLY OF THE FOLLOWING , DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF MINOT STREET, 60 FEET WIDE, AND FALMOUTH AVENUE, 60 FEET WIDE, AS SHOWN ON SAID TRACT NO. 2201; THENCE ALONG THE CENTERLINE OF SAfD MIIVOT STREET SOUTH 00 DEGREES 19' 48" WEST 97.73 FEET AND SOUTH 33 DEGREES, 52' 08" WEST 48.50 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 56 DEGREES OT 52" EAST 30.00 FEET TO THE NORTHERLY CORNER OF LOT 10 OF SAID TRACT NO. 2201. SAID POINT BEfNG THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 56 DEGREES, 07' 52" WEST, THENCE SOUTHERLY ALONG SAID CURVE 21.37 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES, 24' 30"; THENCE SOUTH 19 DEGREES, 27' 39" WEST 40.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHWEST ALONG SAID CURVE 39.76 FEET THROUGH A CENTRAL ANGLE OF 37 DEGREES, 5T 53" TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 10: TOGETHER WITH THAT PORTION OF LOT 20 OF SAID TRACT NO. 2201 LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: ~ , CR\PC2004-148 -1- PC2004-148 ~- s BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 20;' THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT SOUTH 56 DEGREES, 08'-43" EAST 60.04 FEET TO ' THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET, A RADIACIINE TO SAID , POINT BEARS SOUTH 30 DEGREES 17' 36" EAST; THENCE SOUTHWESTERLY ACONG SAID CURVE 22.57 FEET THROUGH A CENTRAL ANGLE OF 25 DEGREES 51' 51" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, THENCE SOUTHERLY ALONG SAID CURVE 97.27 FEET THROUGH A CENTRAL ANGLE OF 111 DEGREES, 28' 02" TO A'POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 20. WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 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 18.60. to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and W HEREAS, 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 properties from the RS-2 (Single Family Residential} zone to the RS-3 (Single Family Residentia!) zone. 2. That the General Plan designates subject properties for Residential-Low Density iand uses and said reclassification is an implementation zone for this land use designation. 3. That the proposed reclassification of subject properties is necessary to allow for the orderly and : proper development of the community as proposed with single-family housing. 4. That the proposed reclassification of subject properties 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 as surrounding properties are zoned RS-2 , which is also an implementation zone for the Low Density Residential designation. 5. That no one indicated their presence at said public hearing in opposition; and that no one correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the properties from the RS-2 zone to the RS-3 zone; 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 commenfs' 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 Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of . Anaheim to exclude the above-described property from the RS-2 zone and to incorporate said described properties into the RS-3 zone upon the following conditions which are hereby found to be a necessary prerequisite to the reclassification of subject properties in order to preserve the safety and general welfare of the citizens of the City of Anaheim: 1. That an ordinance rezoning subject properties shall be placed on an agenda for City Council consideration. The City Council may approve or disapprove a zaning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.76.050 shall apply:' The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unfess said conditions are completed within one (1) year from the date ofthis resolution, or such further time as the Planning Commission may grant. , -2- ' PC2004-148 ~ ~ ' 2. 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 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 anypart thereof, be declared invalid or unenforceable bythe final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHERRESOLVED, 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 atthe Planning Commission meeting ofDecember 13, 2004. Said resolution is subject to fhe appeal provisions set forth in apter 18.60 "Procedures" of the Anaheim , Municipal Code pertaining to appeal procedures and may be rep c City C nci olution in the event of an appeaL . CHAIRMAN, AHEI PLANNING COMMIS ATTE T: ~ `~ W SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNiA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: O'CONNELL VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this -~~"~_---~iay of 20Q ~~ ~ SENIO ECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004-148