Resolution-PC 98-41RESOLUTION NO. PC98-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COiVIMISSION
THAT PETITION FOR RECLASSIFICATION NO. 97-98-11 BE GRANTED
WNERE4S, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real properly situated in the City of Anaheim, County of Orange, State of Califomta,
described as follows:
COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATIOiV OF THAT
CERTAIN LINE DESIGNATED "EASTERLY LlNE OF RIVAS ALLOTMENT", (~N A MAP
FILED fN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUN7Y RECARDER OF ORANGE COUNIY, CALIFORNIA, DISTANT ON A
BEARING ON SOUTH 1409.76 FEET FROM TNE NORTHEf~ST CORNER OF SAlD
RIVAS ALLOTMEMT, AS SHOWN ON SAID MAP; THENCE S~:UTH 56 DEG. 30' 00"
EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 56 DEG. 30' 00" EAST 197.08 FEET; THENCE
SOUTH 87 DEG. 30' 00" EAST 197.08 FEET; THENCE SOUTH 87 DEG. 30' 00" EAST
953.07 FEET TO THE EASTERLY LINE OF LOT 6 OF THE DOMINGUEZ ESTATE, AS
SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEE7 TO THE SOUTHEAST
CORNER OF SAID LOT 6; THENCE ALUNG THE SOUTHERLY LIN~ OF SAID LOT 6
THE FOLLOWiNG COURSES: SOUTH 74 DEG. 20' 00" WEST 693.66 FEET, NORTH
65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18' 00" WEST 132.00
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF NORTH 81 DEG.
18' 00" WEST 112.35 FEET TO R LINE THAT BEARS SOUTH 6 DEG. 00' 00" EAST
FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00' 00 WEST
1142.15 FEET TO THE TRUE POINT OF BEGiNNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I.
MAAG, RECORDED DECEMBEF2 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL
RECORDS.
And;
THOSE PORTIONS OF LOTS 4 AND 5 OF DOMINGUEZ ESTATE, AS SHOWN ON A
MAP FILED IN BAOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER O~ ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT
NORTH 65 DEG. 03' WEST 101.18 FEET FROM THE NORTHEASTERLY CORNER
OF SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. 06' EAST 464.60 FEET TO A
POINT IN THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA
VALLEY IRRIGATION COMPANY AS DESCRIBED IN DEED RECORDED MAR~H 7,
1940, IN BOOK 1033, PAGE 362 OF QFFICIAL RECORDS; THENCE NORTH 74 DEG.
27' EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 FEET TO
AN ANGLE POINT THEREIN; THENCE SOUTH 15 DEG 33' EAST 3.00 FEET TO A
POINT; 7HENCE NORTH 74 DEG. 27' EAST, CONTINUING ALONG SAID
NORTHWESTERLY RlGHT OF WAY LINE 507.09 FEET TO A POINT IN THE
EASTERLY LINE OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID
EASTERLY LINE 397.22 FEE7 TO THE NORTHEASTERLY CORNER OF SAID LOT 5;
THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT; THENCE NORTH 65 DEG. 03' WEST 902.18 FEET TO 7HE
POINT OF BEGINNING.
CR3217PL.DOC -1- PC98-41
PARCEL 2 IN THE CITY OF AMAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 through 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ~OUNTY.
WIiEREAS, the City Planning Commission did hold a pub(ic hearing at the Civic Center
in the City of Anaheim on March 30, 1998 at 1:30 p.m., notice ofi said public hearing having been duly
given as sequired by law and in accordance wiih the provisions of the Anaheim Municipal Code, Chapter
18.03, 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, investi~;ation and study made by
itself and in its behalf, and after due consideration of all evidenca and repohs offered at said hearing,
does find and determine the following facts:
1. That the petitioner requests reciassificatinn of this property from tii~ RS-A-43,000(SC)
(Resideriiial/Agricuitural - Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, L~mited - Scenic
Corridor Overiay) Zone.
2. That the Planning Commission recomm~nded approval of General Plan Amendment No.
353 to redesignate the southeastErly approximate 20.6 ac,-:s (inadvertently adve~tised as 33.63 acres) of
this property from the 'Hiliside Low-Medium Density Residential' land use designation to the 'General
Commercial' land use designation; and that the pruposal is consistent with said recommendation.
3. That the proposed reciassification of subject property is necessary and/or desirabfe for
the orderiy and proper development of the community.
4. That the proposed reclassification of subject property does properiy relate to the zones
and their permitted uses locally estabiished in close proximity to subject property and to the zones and
their permitted uses generaily establish2d throughout the community.
5. That 8 people spoke in opposition to the proposal at said public hearing in opposition;
and that conespondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY AC7 FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-
43,000(SC) (Residentiat/Agricultural - Scenic Comdcr Overlay) Zone to the CL(SC) (Commercial,
Limited - Scenic Corridor Ove~lay) Zone on a 24.5-acre parcel of land located at the northeast comer of
Via Cortez and Santa Ana Canyon Road, having frontages of 964 feet on the east side of Via Co~tez,
815 feet on the norih side of Santa Ana Canyon Road, 950 feet on the west side of Solomon Drive and
1,500 feet on the south side of the Riverside Freeway; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgement of the lead agency and
that it has considered the Negative Declaration together with any comments received during ihe public
review process and further finding on the basis of the initial study and any comments received that there
is no substantiai evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 the above-described property from the RS-A-43,000(SC)
(Residential/Agricultural - Scenic Corridor Overlay) Zone and to incorporate said described property into
the CL(SC) (Commerciai, Limited - Scenic Comdor Ove~lay) Zone upon the following conditions whlch
are hereby found to be a necessary prerequisite to the proposed use of subject properiy in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That completion of these reclassification proceedings is contingent upon the City Cou~cil's
adopting General Plan Amendment No. 353.
-2- PC98-41
2. That prior to introduction of an orclinance rezoning subject property, a preliminary title report(s)
shall be fumished to the Zoning Division containing the legal vesting of title, a legal description
and a map of this property.
3. That prior to placement of an orclinance rezoning subject property on an agenda for City Councii
consideration, Condition Nos. 1 and 2, above-mentioned, shall be completed. The City Council
may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved,
the pracedure set forth in Anaheim Municipal Code Section 18.03.085 shali apply. The
provisions or rights granted by this resolution shaii 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 th$ Planning Commission may grant.
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, regulaiion or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is expressty predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such conditions, or any pa~t
thereof, be declared invalid or unenforceable by the final judgment of any court of competent Jurisdiclion,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not canstitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall requ;re an ordinance of
the City Council which shali be a legislative act which may be approved or denied by the City Council at
its sole discretion.
THE FOREGOING 12ESOLUTION was adopted at the Planning Commission meeting of
March 30, 1998
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CHAIR~ANAHEIM CIN PLANNING COMMISSION
ATiEST:
~r , '
SECRETARY, A EIM CIiY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Nnaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 30, 1998, by the foltowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRIS70L, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
_ ~~ 1998. ,
U
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SECRETARY, AHEIM CITY PLANNING COMMISSION
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