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Resolution-PC 2006-39~ ~ - RESOLUTION NO. PC2006-39 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00176 BE GRANTED, UNCONDITIONALLY ` 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, desc'ribed as follows ' ' PARCEL A: THAT PORTION OF LOT 2 OF TRACT NO. 5495, W THE GITY OF ANAHEIM, COUNTY OF ORANGE; STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 205, PAGES 24, T0 29 INCLUSIVE, OF MISCELLANEOUS MAP,S,1N - THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF HOLLY STREET AND CATALPA AVENUE, ,AS' SHOWN'ON TRACT N0. 1802 RECORDED IN BOOK 56, PAGES 27 T0 29 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE CENTERLINE OF SAID CATALPA AVENUE NORTH 89° 20' 29" WEST, 151.09 FEET, TO'THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID ,CENTERLINE. SOUTH '44° 17' 02'° EAST, 193.25 FEET" TO THE. BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 9340.00`FEET;'THENCE SOUTHEASTERLY 472.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 21' 49"; THENCE SOUTH 51° 38' 51" EAST, 148.50 FEET; THENCE SOUTH 48° 02' 33" EAST, 207:80 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GREENLEAF AVENUE, AS SHOWN ON'TRACT N0. 4621, RECORDED IN BOOK 190, PAGES 22 T0 24 INCLUSIVE, OF SAID MISCELLANEOUS MAPS; SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 358.35 FEET AND DISTANT 140.36 FEET MEASURED ALONG SAID CURVE THROUGH A CENTRAL ANGLE 22° 26' 30" FROM THE SOUTHEASTERCY TERMINUS OF SAID CURVE. THE BEARINGS AND DISTANCES USED IN THE ABOVE ' DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCE5 USED ; W THE ABOVE DESCRIPTION BY 1.OQ00121 TO OBTAIN GROUND LEVEL DISTANCES. THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE ABOVE DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY. ' PARCEL B: THAT PORTION OF THE NOR7H HALF O~ THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRESCENT AVENUE AND - CHIPPEWA AVENUE (FORMER~Y CHIPPEWA STREET) AS SAID INTERSECTION IS SHOWN ON TRACT NO. 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE NORTH 89° 05' S6" WEST 244.57 FEET; THENCE SOUTH 56° 07' 55" EAST 95.56 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN ROAD EASEMENT AS DESCRIBED IN THE EASEMENT DEED RECORDED JULY 26, 1972 N BOOK 10242, PAGE 943 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56° OT 55" EAST 689.98 FEET TO A POINT ON THE WESTERLY LINE OF TRACT N0. 1591 RECORDED IN BOOK 54 PAGES 36 THROUGH 39, INCWSIVE OF ' MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CR\PC2006-39 ~ -1- PC2006-39 ~ ~ COUNTY. THENCE ALONG 'SAID WESTERLY LINE NORTH 00° 26' 45" EAST 397.47 fEET; TO A POINT' ON A LINE PARALLEL WITH AND DISTANT 30.00 FEET SOUTHERLY OF, SAID CRESCENT AVENUE; THENCE NORTH 89° 05' 56" WEST 416.22 FEET TO THE EASTERLY CORNER OF SAID ROAD EASEMEN7 DEED RECORDED IN BOOK 10242, PAGE 943 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLYLINE OF SAID ROAD EASEMENT SOUTH 81° 26' 36" WEST 133:82 FEET; THENCE NORTH89° 05' 56" WEST 27.51 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE' COMMENCING AT;THE INTERSECTION OF SAID CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET); THENCE ALONG THE CENTERLINE OF SAID CRESCENT'AVENUE SOUTH 89° 05' 56" EAST 114.57 FEET; THENCE PERPENDICULAR TO'SAID CENTERLINE SOUTH 00° 54' 04" WEST 30.00 FEET TO A POIN7 ON THE SOUTHERLY LINE OF CRESCENT AVENUE; SAID POINT BEING THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHERLY AND HAVING'A RADIUS OF -112.00 FEET; THENCE WESTERLY 20.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 14' 31'; THENCE SOUTH 80° 39' 33" WEST 55.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 74.00 fEET; THENCE WESTERLY; NORTHWESTERLY AND NORTHERLY 141.88: FEET ALONG SAID CURVE THROUGH'A CENTRAL ANGLE OF 109° 51' 19'; THENCE NORTH 10° 30' S2" EAST 64:18 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, AND HAVING A RADIUS OF 112.00 FEET; THENCE NORTHERLY 20.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 14' 16" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT WESTERLY 32.00 FEET, FROM THE CENTERLINE OF SAID CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET.) PARCEL C: ALL THAT CERTAIN EXCESS LAND, BEING STATE PARCEL 200363-6, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED 1(V THAT FINAL ORDER OF CONDEMNATION, CASE NO. 758-080, RECORDED JANUARY 25, 1999 AS INSTRUMENT NO. 19990051564, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 8, 9 AND 10 OF TRACT NO. 10669, PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF MISCELLANEOUS MAPS ON FILE W SAID OFFICE OF THE COUNTY RECORDER, LYING SOUTHWESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHERLY TERMINUS OF COURSE "5" AS DESCRIBED IN STATE PARCEL 200363-1 IN SAID FINAL ORDER OF CONDEMNATION BEING A POINT OF COMPOUND CURVATURE WITH CURVES CONCAVE SOUTHWESTERLY HAVING RADII OF 110.00 FEET AND 50.00, A RADIAL BEARING OF SAID CURVES BEARS NORTH 77° 02' 38" EAST; THENCE NORTHWESTERLY ALONG SAID COURSE "5" ANTI SAID 110.00 FEET RADIUS CURVE 162.25 FEET THROUGH A CENTRAL ANGLE OF 84° 30' 35" TO THE NORTHWESTERLY TERMINUS-0F SAD CURVE, A RADIAL ' LIfVE TO SA{D POINT BEARS NORTH 07° 2T 57" WEST; THENCE TANGEN? TO SAID CURVE SOUTH 82° 32' 03" WEST 194.35 FEET TO THE WESTERLY LINE OF SAID LOT 8 AND 7HE TERMINUS OF THIS LINE DESCRIPTION. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6, MULTIPLY ALL DISTANCES USED ; IN THE ABOVE DESCRIPTION BY 1.00002052 TO OBTAIN GROUND LEVEL DISTANCES. -2- PC2006-39 ~ ~ WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1; 2006, 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 itseff and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determinethe following facts: 1. That the applicant proposes reclassification of Parcel A- from the RM-3 (Multiple-Family Residential) zone to the RM-4 (Multiple-Family Residential) zone or less intense zone, Parcel B- from the RS- 3(Single-Family Residential) zone to the RM-3 (Multiple-Family Residential) zone or less intense zone, and Parcel C`- from the' C-G (General Commercial) zone to the RM-4 (Multiple-Family Residential) zone. 2. That the Anaheim General Plan designates Parcels A and C for Medium Density Residential land uses, and Parcel B for Low-Medium Density Residential land uses and the proposed reclassification would implement the appropriate zone classification for each of the parcels consistent with the respective General Plan designations. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderlyand proper development of the community. 4. That the proposed reclassification would supplement and support City programs identified in Anaheim's Housing Element and allow for development of new housing units on housing opportunity:sites. 5. That the proposed reclassification of subject properties properly relates 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. 6. That a person indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. A person asked for clarification regarding the request and expressed his support, and a person spoke in favor of the request and pointed out some concerns pertaining to parking in the area. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify: Parcel A from the RM-3 (Multiple-Family, Residential) zone to the RM-4 (Multiple-Family, Residential) zone; Parcel B from the RS-3 (Single-Family, Residential) zone to the RM-3 (Multiple-Family, Residential) zone; and Parcel C from the C-G (General Commercial) zone to the RM-4 (Multiple-Fami{y, Residential) zone, to allow for the future construction of three affordable housing projects; 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. 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 Parcel A from the RM-3 (Multiple-Family, Residential) zone and to incorporate said described properry into the RM-4 (Multiple-Family, Residential) zone; to exc~ude Parcel B from the RS-3 (Single- Family, Residential) zone and to incorporate said described property into the RM-3 (Multiple-Family, Residentia~) zone; and to exclude Parcel C from the GG (General Commercial) zone and to incorporate said _ described property into the RM-4 (Multiple-Family, Residential) zone, unconditionally. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitmentby the City to rezone,'the subject property; any such rezoning shall require an ordinance of the City =3- PC2006-39 ' ~ ~ 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 1; 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 xe I y a City Co il Res tion in the event of an appeaL ~ CHAIRM , ANAHE M PLANNING COMMISSION -ATTEST: • ~ ~ 4Lt~w SENIOR SE RETARY,`ANAHEIM ING COMMtSSION , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) J, Marie Witkay, 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO NOES: COMMISSIONERS: IVONE ABSENT: COMMISSIONERS: FLORES, VELASQUEZ VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ,s'~ day of , 2006. ~~/~/~/! a~.~...~ /~t ~_J!~'a-~ .