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Resolution-PC 2007-117~ ~ RESOLUTION NO. PC2007-117 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00190 BE DENIED (237 SOUTH BEACH BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for certain real property situated in the City of Anaheim, County of Orange, State of California described as follows: THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RANCHO LqS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COLINTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY ON OCTOBER 23, 1957; THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN 1N SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADNS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'OS" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT; THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET; - 1 - PC2007-117 • ~ THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°58'S0", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE TANGENT; THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER L1NE OF LINCOLN AVENUE AS SHOWN 1N SAID TRANSIT IN BOOK 107, PAGE 11, ON OCTOBER 29, 1957. A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY L1NE OF SAID BEACH BOULEVARD AS NOW ESTABLISHED; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH BOULEVARD SOUTH 0°10' 15" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A L1NE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET; THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID PARALLEL L1NE SOUTH 89°36'49" WEST 436.00 FEET; - 2 - PC2007-117 • • THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03" EAST 130.00 FEET. EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY DESCRIBED 1N DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 19761N BOOK 11957, PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. LOT 35 OF TRACT 2611,1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 11, 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 that said public hearing was continued to the June 25, July 9, August 20, September 5 and 17, and October 15, 2007, Planning Commission meeting; 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. The applicant requests reclassification of Portion B from the T(MHP) (Transition, Mobile Home Park Overlay) zone to the RS-4 (Single Family Residential) zone. 2. That although the Anaheim General Plan designates this property and the property to the north for Low-Medium Density Residential land uses, the proposed vehicles access to the project will result in an unsafe condition for vehicles exiting the property by placing opposing traffic on the same path along Lindacita Lane. 3. That without safe egress from the parcel, a reclassification to allow additional residential units would not be appropriate for this site. - 3 - PC2007-117 • • 4. That 41 indicated their presence at rnultiple public hearings in opposition; and that 171etters and 2 petitions were received in opposition to the 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 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 deny subject Petition for Reclassification on the basis of the aforementioned findings found to be a prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. 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. " ~ ~ i ,!~ - Z~'c, " ~ f ~ ~x----„'-r CHAIRMAN~ ANAHEIM PL ING COMMISSION ATTEST: U~~~~~-~..~ SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2007-117 • ~ STATE OF CALIFORNIA ) COLJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 15, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1~_ day of ~ h , Zoo~. ~~~ ~~ ARY, ANAHEIM PLANNING COMMISSION - 5 - PC2007-117