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Resolution-PC 98-9RESOLUTION NO. PC98-9 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. PC97-98-07 BE GRANTED, UNCOnDITIONALLY WHEREAS, the Anaheim City Flanning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of Califomia, described as follows: THE EAST 138.00 FEET OF THE WEST 170.00 FEET OF THE NORTH 155.00 FEET OF THAT PORTION OF LOT 10 OF THE KELLOGG HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 51 OF MISCELLANEOUS MAPS, R.F_CORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 4 SOU7H, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOQK 51, PAGE 10 OF SAID MISCEL~ANEOUS MAPS, WITH THE WESTERLY PROLONGATION AND NOFcTHERLY LINE OF SAID LOT 10, SAID POINT BEING DISTANT SOUTH 0 DEGREES 08' 31" EAST 670.37 FEET FROM THE NORTHEAST QUARTER OF SAID SECTION 20' THENCE NORTH 89 DEGREES 04' 22" EAST 1321.25 FEET ALONG SAID WESTERLY PROLONGATION AND NORTHEP,LY LINE OF SAID LOT 10 TO THE WESTERLY LINE OF LOT 108 OF TRACT NO. 2779, AS SHOWN ON A MAP RECORDED IN BOOK 92, PAGES 35 TO 40 INCLUSIVE, OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 0 DEGREES 19' 33" EAST 333.19 FEET TO THE NORTHEAST CORNER OF LOT 199 OF SAID TRACT NO. 2779; THENCE SOUTH 89 DEGREES 09' 03" WEST 1322.30 FEET ALONG THE IJORTHERLY LINE OF SAID TRACT NO. 2779, AND ITS WESTERLY PROLONGATION TO THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 0 DEGREES 08' 31: WEST 331.40 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in the City of Anaheim on January 21, 19g8 at 1:30 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 18.03, to hear and consider evidence for and against said proposed reclassiflcation and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigalion and study made by itself and in its behalf, 2nd after due consideration of all ? evidence and reports offered at said hearing, does find and deterr*~ine the following facts: 1. That the petitioner proposes reclassification of subject properiy from the RS-A-43000 (Resideniial/Agricultural).zone to the RS-7200 (Residential Single-Family) zone; 2. That the Anaheim Generai Plan designates subject property for low medium density residential land uses; 3. That the proposed reclassificstion of subject property is necessary and/or desirable for the orderly and proper development of the community; 4. That the proposed reclassification of subject property does properly relate to lhe zones and their permitted uses locally established in close proximity to subject properly and to the zones and their permitted uses generally established throughout ~:he community; and roo~enn~ r~r... 5. That one person spoke in opposition at said public hearing; and that no correspondence was received in opposition to subject petition. LAUFORNIA ENVIRONMENTAL Q ALITY ACT FINDIN:~: That the Anahefm City Planning Cemmission has reviewed the proposal to recfassify subject property frc;r, the RS-A-43,000 (ResidentiaV Agriculture) 2one to the RS-7200 (Residential, Single-Family) Zone on a 0.5-acre parcel is located at the northeast comer of Castle Avenue and Nuhvood Street, having frontages of 125 feet on the north side of Castle Avenue and 140 feet on the east side of Nutwood Street (1250 5outh Nutwood Street); 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 findinc~ 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 City Planning Commission does hereby approve the subject Petition for Reclassification, unconditionaliy, to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the frorn the RS-A- 43,000 (Residential/ Agriculture) Zone and to incorporate said described property into the to the RS-7200 (Residential, Single-Family) Zone. BE IT FURTHER RESOLVED that the Anaheim City Planning Commissian does hereby flnd and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVEL7, that this resolution shall not constitute a rezoning of, or a comrnitmen: by the Ciry to rezone, the subject property; any such rezoning shall require an ordinance of the City Council which shall be a legisiative act which may be approved or denied"~y the City Council at its sole discretion. ~ i THE FOREGOING RESOLUTION wa~.adop~~d~t the Plan~ing Commission meeting of, 1998 ANAHEIfN CITY PLANNING COMMISSION ATTEST• SECRETARY, NAHEIM CITY PLANNING COMMISSIOP~ CR3163PL.DOC -2- PC98-9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim 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 January 21, 19gg, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, MAYER IN WITNESS WHEREOF, I have hereunto set my hand this _~, day of 1998. w~s.~ll~ (~1u~ SECF2ETAR ANAHEIM CITY PLANNING COMMISSION