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Resolution-PC 98-133RESOLUTION NO. PC98-133 ~`. RE30LUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLRSSIFICATION NO. 98-99-04 BE GRANTED WFIEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassificati~n for real property situated in the City of Anaheim, County of Orange, State of California, describr~d un Attachment "A." WH~REAS, the C,ty Phr.ning Commission did hold a public hearing at the Civic Center in the City of Anaheim on At,~c~usk 17, 1998, et 1:30 p.m., notice of said public hearing having been duly given as reqt~ire~' b;i aaw anc iri ~ccordance with tiie provisions of the Anaheim Municipal Code, Chapter 18.03, to hear an;i c~.nsider evld~nce for and against said proposed reclassification and to investigate and make findir.gs an~ :Wcorr„nenciations in connection therewith; anci WHE~,Rr 1~, said Commission, aker due inspection, investigation and study made by itself a~~d in its behalf, and aker due consideration of all evidence and reports offered at said hearing, does find and determine the foilowing facts: 1. That the petitioner proposes reclassification of subject property from the RS-A- 43,000 (Residential/Agricultural) Zone to the CO (Commercial, Office and Professional) or a less intense Zone. 2. That the Anah:;r~ General Pian designates subject property for Business O~ce/Service/Industrial land uses; and that the implementing zone for this designation is CO, as propos2d by the petitioner. 3. That the proposed reclassification of subject property is necessary andlor desirable for the orderly and proper development of the community. 4. 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. 5. That one concerned person spoke at the public hearing; that no one indicated their presence at the hearing in opposition; and that no correspondenr,e was received in opposition to this petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FIND~NG: That the Anaheim City Planning Commission has rEViewed the proposal to reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the CO (Commercial, Office and Professional) or a less intense Zone on a 24.5-acre parcel having a frontage of 1,060 feet on the east side of Douglass Road and with a maximum depth of 1,069 feet, and located 1,080 feet no~th of the centerline of Katella Avenue (1500 South Douglass Road - proposed Arena Corporate Centre); and does hereby certify EIR 322. NOW, THEREFORE, BE IT ftESOLVED that the Anaheim City Planning Comm?ssion 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 RS-A-43,000 (Residential/Agricultural) Zone and to incorporate said described property into the CU ~C.ommercial, Office and Professional) Zone upon the following conditi~~~s which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the CiY~ of Anaheim: CR3403PL -1- PC98-133 That completion of these reclassification proceedings is cor,tinyent upon approval of Conditionai Use Permit No. 4034 and Tentative Parcel Map No. 97-187. • That prior to placement of an ordinance rezoning subject property on an agenda for t;ity Cour,cii consideration, Condition No. 1, above-mentioned, shail 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 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Pianning Commission uniess said conditions are compliec! ~nrith within one (1 } year from the date of this resolution, or such further time as the Planning Co:,imission may grant. That approval of this application constitutes approval of the proposeo request only to the extent that it complies with the Anaheim Municipal Zoning Code and any ofher 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 ordir,ance, regulation or requirement. BE IT FURTHER RF_SOL'JED that the Anaheim City Planning Commission does hereby find and determine that adoption of lhis Resolution is expressly predicated upon applicanPs compliance with each and ail of the condition;, hereinabove set forth. Should any such conditions, or any part t~ereof, be declared invalid or unenforc~able by the final judgment of any court of competent jurisdiction, then this Resolution, ar,d any approva!s ~Nrein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by thP City to rezone, the subject propeRy; any such rezoning shall r quire an ordinance of the City Council which shall be a legislative act which may be approved or denied ~ the City Council at its sole discretion. 9 THE FOREGOING RESOLUTION was ~d~pte¢~a ~the Pl~nn~ ~ ~ iss(on meeting of Au ust 17, 19g8 ( I~ / I / ATfEST: v6~OfU.l9~ SECRETARY, AHEIM CITY PLANNING COMMISSION STAI'E OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Rnaheim City Planning Commissio~, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning t;ommission held on August 17, 1998, by ;he following vote of the members thereof: AYES: COMMISSIONER~: BOSTWICI<, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: CQMMISSIONERS: ONE VACANT:ONE SEAT VACANT ~1.' IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~( . , 1998. 1~ (~~~~ . ~ ~0~ SECRETAR , NAHEIM CITY PLANNING COMMISSION -2" PC98-133 90'd i96 0dbi5SG 7IL Si:Ti G~T-T£-"fflf aE ~ON~L E7CCQPTIONS Okt-97G7479-8 TITLE OFFICER - 4APE2 "Attachment A" Exx~BZT ~~a~~ ALL THAT CERTAIAI LAND Sli'UATED IN THE STATE OF CALIFORNIA, COL''sdTY OF ORANGE, CITY OF ANAHEIM, nF$C'R1RF.A AS FOLLOWS: PARCEL 1: THAT PQRTION OF LOTS W AND Y OF TH6 VAN DE GRAAF TRACT, AS PER MAP RECORbED IN 600K 4 PAGE 440, MISCEI.LANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLI,OWS: • i 5'~ COMMflNCING AT A POINT 17.71 CHAINS WEST Q~ T~E SOU7'HEAST CORNER OF LAT W OF THE SA1D VAN DE GRAr~F TRAC7; RUNNING THENCL WEST ~0.723 CHAINS TO THE SOUTHEAST COEtNFR OF LAND CONVEYED TO ARTHUR H. SMALLBY DEED DATED OCTOBER 31,1911 AND R£CORDFD NOVEMBER 8, 1911 IN BOOK 140 P.AGE !02 OF bE~DS: THENCE NORTH ALONG THE EAST UNH OF SAID LANO CONVEYBD TO• ShiALL, Y9.ila CHAINS ?O THE CENTER OF,~i-yE SOUTHERN PACIPIC„~ ILROAD; THENCE HASTERLY F:..Q;~!G TNE CENTER LINE OC SAID RAILROAD 30.67 CHAiNS TO A POINT 17.71 CHAINS WES'f OF THE F.~1ST LINE OF 5A1D LOT W; THENCE SOUTH 19.97 CHA[NS TO THE POINT OF BEGINNlNG. ~~ss ct EXCEPT[NG 'CHEREFROM THE FOLLOWING: TrinT PORTiON OP SAID LAT W O'r THE VAN DE GRAAF TRpCT DESCRIBED AS FOLLOWS; ~ ~- r ni tG'r po REGTNNINGAS Al~U1N'C IN TFiE SOUTH T.INE OF SAID LOT W, nISTANT TH~k~UN 17.~1 CHAINS FR.QM THF. SOUTHEqST CORNER OF SAID LOT W, SAID YOINT OF BEGINN[NG BEING THE SOUT'HEAST CORNER OF THE LAND CONVEYED TO C. C. BENNETT AND WIFE, BY DEED RECORDED APRiL 25, 193912d HOOK 989 PAGE 484, OFFiC1AL RECORUS; RUNNING THENCE FROM SAID POINT OF BEGTNNING WL•STERGY ALONG SAiD ~ ~~TH LINE TO ITS INTERSECT[ON WITH THE EASTERLY LINE OF THAT CERTAIH 550 FEET IN WIDTH R1GHT OF WAY GRANTED BY ARTHUR H. SMAI.L AND WIEE ?0 3. lt. PORTPR, TRUSTEE, BY A DHED RECORDED DECEMBER 11, 1917 IN BOOK 316 PAGE 239 OF DEED; 71-iEI1CE NOR7'HEASTERLY ALONG SAID EASTERLY L1NE TO ITS IN'fERSFCTION W1TH TH~ EAST L1NE OF SAID LAND CONVPYED TO C. C. BENNF.Tr ANn WiFE HEREiNAR~VE REFERRED T0; THFNCE SOUTHERI.Y ALONG SA1D EAST LINE TO THE POiNT OF BEGINNING BEING ALL THAT PORTION OF THE SAIb LAND (;UNVL~YED TO C. C. BENNETT AND WIFE BY SAID DEED, I.YTNG EAS'fERLY OF THE 550 FEET IN W1DTH RIGHT OF WAY H~RE[NABOVE TKENTIONEA. ALSO EXCEPTING T'?•iisREFRUM THAT PORTION OF SAID LOT W DESCRIBED AS FOLLOWS: 1 BEGINNING AT A POINT iN THE SOUTHERLY LiNE OF SAiD LOT W, DISTANT WESTERLY 1387.56 FEET ~ fR0'~t TH~ SUUTHEASTERLY CORNER OF SAID LOT W, SAiD POINT QF BEGINNiNC BEliv'G AT THE :-~~. SOUTHWEST2RLY CORNER OF THE 'l'NA~I' OF L.r+ND DESCRIBED [N TIIG DEED EXECUTED HY ~ C. C. BENNET'f ANll W1rE TO ORANGE COUNTY FLOOD CON?ROL D1S7RICT, AATEp 1A~111ARY 31. 1944 '1, j AHD RECORDED IN 800K 124~ PAGE 553, OFFICIAL RECORDS; THENCE NORTH 21 DEGREES l9' 20" EAST ! ALONG TNE NOR'fHWESTERLY LINE OF SAlD ORANGE COUNTY FLOOD CONTROL DISTRiCT TRACT OF ~ LAND 605.20 FEET TO A L1NE PARALLEL WITH THE EASTEFtLY L1NE OF SAID L.OT W AND DISTANT WESTCRLY 1168.85 FBET THEREFROrvt; THENCE NORTH 0 DEGRFES 07' SO' ~AST ALONG SAiD PARALLEI. L1NE 620.43 PEET TU '1'Hk; CENTER LINE OF THL RIGIIT OF WAY OF THE SOUTHERN PAC.IFIC RAILROAD COMPANY; THENCE SOUTH 39 DEGREFS 45' S0' WE~T ALANG SAID CEN7ER LINE 812.11 FEE'f; THENCE v~ces ~~p ~b3`~ ~~ ~.~ ~~1~ ~g~ _.~ L0'd i°6 OdbLSSL 7TL 9T:Ti L66T-T£-~ftf . , . ~ QEGIONAL EXCFPTIONS OR-9767479-B TITI E OFFICER - l.ppgZ SOUTH !fi DEGREES 09' S0' WEST 1233.87 FEET TO A POINT IN SAID SOUTHERLi' UNE 01= LO7 W wHICH IS DISTANT WESTERLY THLREON 975.30 FEET FROM THE POlNT OF BEGTNNING; THENCE 50UTH 89 DEGREE5 30' 10' EAST ALONG SAID 30UTHERLY LINE 975.30 FEET TO SAID POIYT OF BrG1NNING. ALSO EXCBPTING THEREFROM THAT PORTION OF LOT Y OF THE VAN pE GRAAF TRACT, AS SHOWN ON A MAP RECORAED IN BOOK 4 PAGE 440, M[SCELLANEOUS RECORDS OF LOS ANGELES COUNTY. CALiFORK1A, MORE PARTiCULARLY DESCRIBED AS FOLLOWS: : ~ i 88G1NN1NG AT A POINT 1N THE CEN1'ER L1NE OF DOUGLAS STR~ET, SAID POINT $E1NG 474.00 FEET ~ F: NORTH OF TFIE 1NTERSECTION OF SAID CENTER l.INE OF SA1D DOUGLAS STREHT WITH 1'HE SOUTH LINE ~~j OF LOT Y OF SAib VAN DE GRAAF TR.ACT; RUNNiNG THENCE NORTH ALONG SA1D CHNTER LiNE OF ~F~ ", DOUGLAS STREET 145 FF,ET; THENCE EP.STERLY PARALLBL TO THE SAID SOUTH L.[NE OF LOT Y, 195.00 r~. ~ FEET; 7'H~NC:k JUU'1HhltLY 143.00 PEET PARALLL•L TO TII~ 6AID CSh1TGR LINB C~F P4til:t.A.C CTRF.RT; THENCE WESTERLY 195.00 FkET PARALLEL TO THfi SOUTH L[N~ OF IAT Y TO THE POINT OF BEGINNING.. ALSO EXCL-PTING THEREFROM THE NORTHERLY 25 FEE'C THEREOF INCLUbED IN SAID RAILTtQAD RIGIiT OF WAY. ALSO EXCEPT[NG THEItEFRUb! THAT PORTION DESCRIBED AS FOT..L.OWS: BEGTNNING AT THE INTERSECTION OF THF MOST EASTERLY LINE OF THE LAND DESCRIBED 1N THE DEED TO GRACE AMANDA SCARBROUGH, RECORDED NOVEMBER 16, 1984, AS DO~UMENT N0. 84-478088 •, '~ OF OFFICIAL RpCORDS, CN THE OFFiCE OF THE COUNTY RECOROER OF SAID COUNTY, WITH 7HE SOUTHERLY LINE OF THE SOUTHF.t2N PACIFTC RAILROAD RIGHT-OF•WAY 50.00 FEET WIDE; Tfi6NCE, ALONG SAID SOU7HERLY LINE, SOUTH 89° 45' 13' WEST, 81.18 FEET 70 THE rORTIiEASTERLY PROLONGATION OF A 5-FUOT HIGH CHAINLINK FENCE; THENCE ALONG SAID i~ORTHEASTERLY PROLONGATION AND SAID ~ENCE AND THE SOUTHWESTERLY PROLONGAT[ON THERkOF SOL'TH l8° 14' 18' WEST, 1207.48 FEET 70 THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO SCARBROUGH; THENCE ALONG SAID SOUTHERLY LINE AND SAID EASTERLY LTNE SOUTIi 89° 30' 25' 6AST 83.11 FEET AND NORTH 18° 08' 09' EAST, 1207.88 FEET TO THE POINT OF BEGINNING. PARCEL 2: ' THAT PORTION OF LOT 'Y' OF VAN DE GRAAF TRACT, AS PER MAP THEREOF RECO}iDED IN BOOK 4, PACE 440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAL[f~ORNIA, DESCRiBED AS FOLLOWS: 6EGINNING AT A POINT 1N TH~ CENTERLINE OP DOUGLAS STREET, AS D~SCRIB 5D fN DEEb RECORDED OCTOBER 7. 19261N BOOK 652, PAGE 1a9 OF DEL+DS OP OIinNGE COUNTY, CALTFOkNtn, SAiD PO1NT BEiNG a9a.o0 FEET NORTH oF THE iNTERSECT[ON OF SAtD cENTERLINL- OF DOUGUS STREEr Wi~fH rHE SoUTH UN~. UN SAIIy LOT 'Y"; '1'HENCE NORTII ALONG SAID CENTERLINE OF n~[iGLAS STRFF.T R5.00 FEET: THENCE EASTERLY PARALI.EL'TO SAID SOUTH LINH OF LOT 'Y" 160.00 FEE'f; TFIENCE SOUTHERI.Y 85.00 FEET PARALLEL TO SAID CL•NTERCINE; THENCE WESTERLY 160.00 FEET PARALI.EL TO SA[D SOUTH LINC OF LOT 'Y' TO THE POlN1' OF BGGiNN1NG. , r~ce a /~ _ A'~ ~~ ~ ~~ ~ . 82'd •r.96 _ OhbiSSL DTG 9S:TI G66T-L£-Yll . ~~, . ~ wLU OWNERS pOUCY REGION~L 2XCER10N5 Ol.t-97674?9-B 7'l7LE OFPICER • tAPE2 PARCEL 3: THA: PORTION OF LAT "Y' OF VAN DE GRAAF TRACT, AS PER MAP THEREOF RECOR[)~ll 1N .iUUR 4, PAGE 44+J OF MISCELLANEOUS RECORaS OF LOW ANGELES COUN'YY, CAL1FORNIA, DESCRIBED AS FOLLO~'~'S: BEGiNNING AT A POTNT iN THE CENTERLINE OF DOUGLAS S'CREET, AS DESCRIBED IN DEED RECORDED OCTOBER 7, 1925 IN BOOK 682. PAGE 109 OF DEEDS OF ORANGB COUNTY. CALIPORNIA, SA TD PO1NT BB1NG a74.00 FEET NORTH OF THE 1NTfiRSECT[ON 0[' SA1D CENTERLINE OF DOUGLAS STREET WITH ?HE SOUTH CiNE OF SAID LOT 'Y'; THEIJCE NORTH ALONG SAID CENTERLiNE OF DOUGLAS STREET 145.00 FEET; THENCE EASTERLY PARALLFL TO SAID SOUTH LiNE OF LOT'Y' 195.00 FE~T; THENCE SOUTHERLY 145.00 PEET PARALLEL'TO SAID CEN7'ERL[NE; THENCE WESTERLY 195.00 FEET PARALLEL TO SAID SOUTH LINE OF LOT 'Y' TO THE POINT OF BEGINNING. EXCEPT[NG THERE~ROM ?HAT PORTIQN lNCi.UbED WITHIN YARCEL 2 HERE(NABOVE [)ESCRBED. PAGE~