Resolution-PC 2004-53• •
RESOLUTION NO. PC2004-53
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2004-00116 BE GRANTED
(111 MOHLER DRIVE),
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 .THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN; JN THE: CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A
POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF
LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15,
1944, IN BOOK 1230, PAGE 230 OF OFFICIAL:RECORDS; THENCE NORTH 26° 01" WEST
ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED
TO MICHAEL G BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK
1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM
AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100FOOT OF
LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN
BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A
CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29'
11" EAST, THROUGH AN ANGLE OF 1° 41' 55", AN ARC DISTANCE OF 250.63 FEET TO
THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN
60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL
GIORGIO AND WIFE, RECORDED AUGUST 7, 1948, IN BOOK 1682, PAGE 364 OF ,
OFFICfAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID
SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36
TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF
CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED
NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING
DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44°
07' 42" EAST, 686.96 FEET' IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE
521 OF OFFICIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT
LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH
25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH
A CURVE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE
INTERSECT{ON THEREOF WITH A CURVE !N A DEED RECORDED lN BOOK 2285, PAGE
482 OF OFFICtAL RECORDS IN SAID OFFICE.
PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED
TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, JN BOOK 9238,' PAGE
828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE '
CR\PC2004-053 ~ 1- - PC2004-53
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NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED W DEED TO THE STATE OF
CALIFORNIA RECORDED FEBRUARY 13, 1952, IN' BOOK 2285, PAGE 482 OF SAID
OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE
OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF' `8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING
THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 433° 30' 49" WEST) AND
ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE
COURSE SHOWN ON HAVING A DISTANCE DF 42.00 FEET MORE OR LESS ON THE
MAP ATTACHED TO EASEMENT DEED RECORDEQ MAY 9, 1977, IN BOOK 12185, PAGE
1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY
PROLONGATION OF SAID COURSE NORTH 38° 07' 15" WEST 0.82 FEET TO THE
BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS DF 18.00
FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93°
48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND. CURVE CONCAVE
THROUGH A CENTRAL ANGLE OF 02° 43' 31" AN ARC DISTANCE OF 403.07 FEET TO
THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE
NORTH 89° 54' 12" EAST TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on April 5, 2004, at 1:30 p.m., notice of saidpublic
hearing having been,duly given as required by law and in accordance with the provisions ofthe Anaheim
Municipai 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 that said public
hearing was continued from the April 19 and May 1T, 2004, Pianning Commission meetings, 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-HS-22,000 (SC) (Residential, Single-Family-
Hillside; Scenic Corridor Overlay) zone.
2. That the Anaheim General Plan designates subject property for Hillside Estate Density
Residential land uses and said reclassification is an implementation zone for this land use designation.
3. That the proposed reclassification of subject property is necessary to allow for the orderly and
proper development of the community as proposed with three single-family residences.
4. That the proposed reclassification of subject property does properly relate to the zones and their
psrmitted 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-HS-22,000 (SC).
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify the property from the RS-A-43,000 (SC) zone to the RS-
HS-22,000 (SC) zone on the 1.5-acre property; 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the subjectPetition for Reclassification to authorize an amendment to the Zoning Map of the
City of Anaheim to exclude the above-described property from the RS-A-43,000 (SC) zone and to incorporate
said described property into the RS-HS-22,000 (SC) zone upon the following conditions which are hereby found
to be a necessary prerequisite to the reclassification 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 Zoning Division showing the legal vesting of title, a iegal description and containing a map
of the property.
2. That prior#o placement of an ordinancerezoning subject property on an agenda for City Council
consideration, Condition Nos. 1 above-mentioned, shall be completed. The Gity 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 pro~isions or rights granted by this
resolution shall become null and void by action of the Planning Commission unless said conditions are
completed within one (1) year from the date of this resolution, or such fiurther time as the Planning
Commission may grant.
3. 7hat 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
invafid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resofution, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 17,
2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General"
of the Anaheim Municipal Code pertaining to appeal procedures an may be replaced by a City Council Resolution
in the event of an appeal. ~l ~ A ~ ~J/ ~
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RPERSON, ANAHEIM CITY PLANNI
A
SE RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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COMMISSION
PC2004-53
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I, Pat Chandier, 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 May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, fLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT; COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this __~~ daY of ~
2004.
d ~/
ENIO SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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