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Resolution-PC 2007-11~ ~ RESOLUTION NO. PC2007-11 A RESOLUTION OF THE ANAHEIM PL~4NNING COMMISSION THAT PETITION FOR RECLASSIFfCATION NO. 2006-00191 BE GRANTED, UNCONDITIONALLY (1275 -1287 EAST LINCOLN AVENUE) 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: THE LAND REFERRED TO IN THIS POLICY IS SITUATED JN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND 1S DESCRIBED AS FOLLOWS: PARCEL L• THAT PORTION OF LOT 4 OF ANAHEIM EX7ENSION, AS SHOWN ON A MAR OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 962 T0 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS" W THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBEDAS FOLLOWS: BEGINNING'ATA POINT ON THE CENTER LINE OF CENTER STREET, AS SHOWN ON SAID MAP, DISTANT NORTH 74° 3T 25" EAST 520.13 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF EAST STREET, AS SHOWN ON SAID MAP, SAID POINT BEING THE SOUTH~ASTERLY CORNER OF LAND DESCRIBED W A DEED TO COMET, INC., RECORDED MAY 14, 1954 IN BOOK 2728, PAGE 196 OF OFFICIAL RECORDS; THENCE : NORTH 74° 37' 25" EAST ALONG SAID CENTER:LINE OF CENTER STREET, 250.00;FEET; THENCE NORTH 15° 24' 15" WEST, PARALLEL WITH SAID CENTER LINE OF EAST STREET, 480.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED W A DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 74° 37' 25" WEST ALONG SAID SOUTHERLY LINE OF THE LAND OF ZION EVANGELICAL LUTHERAN CHURCH, 250.00 FEET TO THE NORTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND OF COMET, INC.; THENCE SOUTH 15° 24' 15" EAST ALONG SAID PROLONGATION AND SAID EASTERLY LINE, 480.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF COTS 4 AND 5 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNWG AT THE INTERSECTION OF 7HE EASTERLY LINE OF EAST STREET, 66.00 FEET IN WfDTH, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 22 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CAUFORNIA, WITH A LINE PARALLEL WITH AND DISTANT NORTHERLY 450.00 FEET, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF CENTER STREET, AS SHOWN ON SAID' RECORD OF SURVEY; THENCE NORTH 74° 37' 25" EAST ALONG SAID PARALLEL LINE, 1060.60 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTH 15° 27' S5" EAST ALONG SAID EASTERLY LINE OF LOT 4, A DISTANCE OF 400.00 FEET TO THE NORTHERLY L1NE OF SAID CENTER STREET; THENCE NORTH 74° 37' 25" EAST ALONG SAID NORTHERLY LINE OF CENTER STREET, 24.29 FEET TO A L1NE PARALLEL WITH AND DISTANT 24.29 FEET EASTERLY (MEASURED ALONG THE SOUTHERLY LINE) FROM THE WESTERLY LINE OF SAID LOT 5; THENCE NORTH 15° 2T 55" WEST ALONG THE LAST MENTIONED PARALLEL LINE, 430.00 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 74° 37' 25" WEST ALONG THE SOUTHERLY LINE OF SAID LAND OF ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, 1084.89 FEET T0 SAID EASTERLY LINE OF EAST STREET; THENCE SOU7H 15° 24' 15" EAST CR1PC2007-11 -1- PC2007-11 • • ALONG SAID EASTERLY LINE, 30.00 FEE? TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION WITHIN PARCEL,1. PARCEL 1: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUN7Y RECORDER OF LOS ANGELES COUNTY, CACIFORNIA, A COPY OF WHICH IS SHOWN lNBOOK 3 PAGE 163 ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS" IN THE ' OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGWNiNG AT A POINT ON THE CENTER LINE OF CENTER STREET, NORTH 74° 37' 25" EAST 770.13 FEET FROM TME CENTER LINE OF EAST STREET, AS SAID STREETS ARE SHOWN ON SAID MAP; THENCE NORTH 74° 3T 25" EAST 180.04 FEET ALONG SAID CENTER LINE OF CENTER STREET; THENCE NORTH 15° 24' 15" WEST 480.00 FEET PARALLEL WITH SAID CENTER LINE OF EAS7 STREET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED TO ZION EVANGEUCAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 iN BOOK 5770 PAGE 813 OF OFFICIAL' RECORDS; THENCE SOUTH 74° 37'25" WEST 180.00 FEET ALONG SAID SOUTH LINE TO A LINE' PARALLEL WITH SAID CENTER LINE OF EAST STREET WHICH PASSES THROUGH'?HE PO1NT OF BEGINNING; THENCE SOUTH 15° 24' 15" EAST 480.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOTS 4 AND S OF ANAHEIM EXTENSION IN THE CiTY OF ANAHEIM, COUNTY OF ORANGE, ' STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL AND FILEDIN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGE 163 ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF EAST STREET, 66.00 FEET WIDE, WITH A LINE PARALLEL WITH AND NORTHERLY 450.00 FEET FROM THE CENTER LINE OF CENTER STREET, AS SAID STREETS ARE SHOWN ON A MAP FILED IN BOOK 28 PAGE 22 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 74° 37' 25" EAST 1060.60 FEET ALONG SAID PARALLEL LINE TO THE EAST LINE OF SAID LOT 4; THENCE SOUTH 15° 27' 55' EAST 400.00 FEET ALONG SAID EAST LINE TO THE NORTH LINE OF SAID CENTER STREET; THENCE NORTH 74° 3T 25" EAST 24.29 FEET ALONG SAID NORTH LINE; THENCE NORTH 15° 27' S5" WEST 430.00 FEET PARALLEL WITH SAID EAST LINE TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO ZION EVANGELICAL LUTHERAN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770 PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 74° 37' 25" WEST 1084.89 FEET ALONG THE SOUTHERLY LINE OF SAID LAND TO SAID EASTERLY LINE OF EAST STREET; THENCE SOUTH 15° 24' 15" EAST 30.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WITHIN PARCEL 1. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 22, 2007, 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 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 applicant proposes rec{assification of subject property from the C-G (General Commercial) to the RM-4 (Multiple-Family Residential) zone or1ess intense zone. -2- PC2007-11 • ~ 2. That the Anaheim General Plan designates the property for Medium Density Residential land uses and the proposed RM-4 (Multiple Family Residential) zone is the appropriate implementation zone for this land use designation. 3. , 7hat the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4: That the proposed reclassification of subjectproperty 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 #hroughout the community because it would result in a residential project that is consistent with the type of housing envisioned for the area. ' 5. That no one indicated their presence at saidpublic hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning ' Commission has reviewed the proposal; 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 Deciaration and 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 significanfeffect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby unconditionally 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 GG (General Commercial) zone and to incorporate said described property into the RM-4 (Muftiple-~amily Residentiai) zone. BElT 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 Councif, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 22, 2007. Said cesolution is subject to the appeal provisions set forth in Chapter 18.6d "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and , ay b~laced by a City Council Resolution in the event of an appeal. , a~~~..~ ~~•' CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: r SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-11 ~ ! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 January 22, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ _ NOES: COMMISSIONERS: NONE ' ABSENT: COMMISSIONERS: FLORES / T~ ~l IN WITNESS WHEREOF, I have hereunto set my hand this (0 ~ day of /'/arc'~ , ' 200T. ~e~z~`cr":-- , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION PC2007-11