Resolution-PC 2006-28~ ~
RESOLUTION NO. PC2006-28
. A RESOLUTION OF THE'ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR RECLASSlFICATION NO. 2006-00174 BE GRANTED
(321, 405; 425, 431, 509 and 511, NORTH DALE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified application for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PORTION A
THAT PORTION OF THE NORTHEAST : QUARTER 'OF THE SOUTHWEST QUARTER OF
SEETION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST,' SAN ' BERNARDJNO BASE' AND
MERIDIAN, IN THE GITY OF ANAHEIM, COUNTY OF bRANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: `
BEGINNING AT A'POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER1 DISTANT
NORTH 0° 11' 30" WEST 491.27 FEET FROM THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
NORTH 0° 11' 30" WEST ALONG SAID EAST LINE 173.33 FEET; THENCE SOUTH 89° 49' 30"
WEST PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF ` THE <
SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 264.00 FEET; THENCE SOUTH
0° 11' 30" EAST 173.33 FEET TO A LINE PASSING THROUGH THE POINT OF BEGINNING AND
PARALLEL TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OE SAID SECTION 12; THENCE NORTH '89° 40' 30" EAST 264.00 FEET 'TO THE '
POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 86.665 FEET.
THE NORTH 2O.00 FEET OF THE EAST 264.00 FEET OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12 AND THAT
PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, W THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 0° 11' 30" WEST 316.27
FEET; THENCE SOUTH 89° 40' 30" WEST, PARALLEL WITH THE SOUTH LINE OF SAID
NORTHEAST QUARTER, 396.50 FEET; THENCE SOUTH 0° 11' 30" EAST PARALLEL WITH THE
EAST LINE OF SAID NORTHEAST QUARTER, 316.27 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; ~ -
THENCE NORTH 89° 40' 30" EAST ALONG SAID SOUTH LINE, 396.50 FEET TO THE POINT OF
BEGINNING. :
THE SOUTH 105 FEET OF THAT PORTION OF THE NORTHEAST QUAR7ER OF THE
SOUTHWEST QUARTER OF SECTION 12; TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT 1N THE EAST LINE OF SAID NORTHEAST QUARTER, DISTANT
Cr\PC2006-28 -1- PC2006-28
i `•
NORTH 0° 11' 30" WEST 316.27 FEET FROM THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER; THENCE NORTH 0° 11' 30" WEST, 175.00 FEET ALONG SAID EAST
LlNE; THENCE SOUTH 89° 40' 30" WEST PARALLEL TO THE SOUTH LINE OF SAID '
NORTHEAST QUARTER, 264.00 FEET; THENCE SOUTH 0° 11' 30 EAST PARALLEL TO'THE
EAST LINE OF SAID NORTHEAST QUARTER, 175.00 FEET; THENCENORTH
89° 40' 30" EAST264.00 FEET TO THE POINT OF BEGINNING. '
PORTION B
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGE' 11 WEST, : SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAPRECORDED IN BOOK 51, PAGEJI OF MISCELLANEOUS MAPS, IN THE OFFICEOF :
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT' lN THE EAST LINE OF SAtD NORTHEAST QUARTER, DISTANT
NORTH 0° 11' 30" WEST 31627- FEET FROM THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER;,THENCE NORTH 0° 11' 30" WEST, 175.00 FEET ALONG SAID EAST
LINE; THENCE SOUTH 89° 40' 30" WEST PARALLEL TO THE SOUTH ,LINE OF SAID
NORTHEAST QUARTER, 264.00 FEET; THENCE SOUTH 0° 11' 30 EAST PARALLEL TO THE
EAST LINE OF SAID NORTHEAST QUARTER, 175.00'FEET; THENCE NORTH 89° 40' 30" EAST
264.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 105 FEET THEREOF
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on March 20, 2006, at 2:30 p.m., notice of said publichearing 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 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 petifioner proposes reclassification of Portions A and B of the subject properties from
the "T' (Transition) zone to the `RS-2" (Residential Single Family) zone.
2. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community provides consistency in the zoning for the entire project site
and is the proper implementation zone for the General Plan designation of Low Density ResidentiaL
3. 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.
4. That 4 people indicated their presence at said public hearing in opposition; and that a letter was
received in opposition, prior to the meeting. A person spoke in general with suggestions and relayed concerns
pertaining to zoning issues. A person spoke in favor of the subject request; and a person spoke in favor of the
request and pointed out some concerns pertaining to the Cypress trees facing the back of the subject property
and noise issues.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the "T' (Transition) zone to the "RS-
2" (Single-family Residential) zone, orJess intense zone; and does hereby approve the Negative Declaration
upon finding #hat 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 Planning Commission does hereby
approve the subject Application for'Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the "T" (Transition) zone and to
incorporate said described property into the "RS-2" (Single-family Residential) zone, upon the following
conditions which are hereby found tobe a necessary prerequisite to the proposed use of subject property in
order to preserve the health and safety 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 subjectproperty 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 granfed 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.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2006-05064, and Tentative Parcel Map No. 2005-156.
4. 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 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at tlie Planning Commission meeting of
March 20, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal. ~
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CHAIRMAN, ANA EIM PLANNING COMMISSION
ATTEST:
/ ,X"~-~r~.-w-L.-- '
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 fiereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
March 20, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
/l~- • 1
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of ' r/
2006.
.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION