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Resolution-PC 2005-136•. ~ RESOLUTION NO. PC2005-136 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION _ THAT PETITION: FOR RECLASSIFICATION N0. 2005-00166 BE GRANTED (1621 SOUTH DOUGLASS ROAD) 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 LOT 4 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED fN BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS OF LOS 'ANGELES COUNTY, CALIFORNIA; DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE' CENTERLINE OF DOUGLASS' ROAD, 40.00 FEET WIDE DISTANT ALONG SAID CENTERLINE NORTH 0° 33' '45" WEST 85.00 FEET FROM 'THE INTERSECTION OF SAID ~;CENTERLINE WITH THE CENTERLINE OF KATELLA AVENUE FORMERLY STRUCK AVENUE, AS DESCRIBED W DEED TO ORANGE COUNTY, ' RECORDED IN BOOK 611, PAGE-11 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAtD- ORANGE COUNTY AND SAID DOUGL/aSS `ROAD AS DESCRIBED 1N DEED IN BOOK 682, PAGE 109 OF DEEDS, RECORDS OF' SAID ORANGE COUNTY; THENCE NORTH 89° 26' 15" WEST 40.00 FEET; THENCE SOUTH 51° 07'.19" WEST 38.32 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 60.00 FEET, MEASURED °AS RIGHT ANGLES, FROM SAID CENTERLINE OF KATELLA `AVENUE, THENCE ALONG SAID PARALLEL LINE NORTH 88° 53' 52" WEST 445.00 FEET; THENCE NORTH 35° 18' 47" WEST 75.80 FEET THENCE NORTH 1° 29' 28" EAST 479.87 FEET; THENCE NORTH 14° 15' 43" EAST 101.79 FEET; THENCE SOUTH 88° 53' 52" EAST ' PARALLEL WITH SAID CENTERLINE OF KATELLA AVENUE 527.13 FEET TO SAID CENTERLINE OF DOUGLASS ROAD; THENCE SOUTH 0° 33' 45'" WEST ALONG SAID CENTERLINE OF DOUGLASS ROAD, 615.00 FEETTO THE POINT OF BEGINNING. . EXCEPTlNG THEREFROM THAT PORTION DESCRIBED IN PARCEL 1{56244-1) AND PARCEL 2(56244-2) OF THE DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST ; 24, 1971 IN BOOK 9773, PAGE 428 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005 at 2:30 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 18.60 "Procedures'; 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 ifself 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 T(PTMU) (Transition - Platinum Triangle Mixed-Use Overlay) zone and I(PTMU) (Industrial - Platinum Triangle Mixed-Use Overlay) zone to the PR (PTMU) (Public Recreational - Platinum Triangle Mixed-Use Qverlay) zone. 2. That the Anaheim General Plan designates the properties to the east and south for Mixed-Use land uses, properties to fhe norfh for Office-Low fand uses, and prope~ties to the west (across SR 57) for Industrial land uses. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community, consistent with the zone designation intended for. regional CR\PC2005-136 -1- PC2005-136 • _ ~ sports and event facilities and would provide for a consistent zone designation for the entire Arrowhead Pond of Anaheim property. 4. That#he proposed reclassification of subject property does properly relate to the zones and #heir 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 said public hearing in opposition; and that no ` correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUACITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify subject property: from the T(PTMU) (Transition - Platinum Triangle Mixed-Use Overlay) zone and I(PTMU) (Industrial - Platinum Triangle Mixed-Use Overlay) zone to the - PR (PTMU) (Public Recreational - Platinum Triangle Mixed-Use Overlay) zone; and does hereby approve fhe 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 ho `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 Anaheim Municipal Code to exclude the above-described property from the T(PTMU) (Transition - Platinum Triangle`' Mixed-Use Overlay)and l(PTMU) (Industrial - Platinum Triangle Mixed-Use Overlay) zones and to incorporate said described property into the PR (PTMU) (Public Recreational - Platinum Triangle Mixed-Use Overlay) zone, upon the following conditions which are hereby found to be a necessary prerequisite.to theproposed 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 lega! vesting oftitle, 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 nult 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. 3. That approval of this application constitutes approval of the proposed request only to, the extent that it complies with the Anaheim Mtanicipal 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 applicabte ordinance, regulation or requirement. 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 af its sole discretion. 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 condition, 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. ' , _ , -2- FC2005-136 . . ... . ~ . .. . . ... . . ' . ' ... ./ . . '. .. . .. ~ . • i THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18 60 "Procedures" ' of the Anaheim Municipal Code pertaining to appea( procedures and y be replaced by a City Council Resolution in the event of an appeaL CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST: ;~'YL.,,-r.+..,~ 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 September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this /~ day of 11~OVe rh ~~r, 2005. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION