Resolution-PC 99-68RESOLUTION NO. PC99-6a
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 98-99-10 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a veriiia~ pe!i!:cn for
Reclassification for real property situated in the Cih,~ of Ansheim, County of Orange, State of
Caiifornia, described as follows:
THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE OF TRACT NO. 9169, P,S SHOWN ON A MAP RECORDED IN BOOK
381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT SOUTH 5°
33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST
NORTHERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1G55.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31' 28" EAST, SAID
POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A" THENCE
WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
18° 42' 17"; THENCE TANGENT TO SAID CURVE NORTH 78° 49' 11" WEST, 214.13
FEET; THENCE NORTH 42° 21' 27" WEST, 21.06 FEET TO A POINT ON A NON-
TANGENT CURVE , CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00
FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT SEARS SOUTH 83° 50' 05"
EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO
A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY t=ROM THE
CENTER LINE OF LA PAL~v1A AVENUE AS DESCRIBED IN THE DEED TO THE
COUN'fY OF ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE
876 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE NORTH 72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE QF 70° 49' 51" TO SAID CENTER LINc
OF LA PALMA AVENUE; TfiENCE EASTERLY ALONG SAID CENTER LINE THE
FOLLOWING COURSES: NORTH 72° 31' 57" EAST, 281.88 FEET AND EASTERLY
31.31 FEET ALONG A TANGENT CURVE, COPICAVE NORTHERLY, HAVING A
RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID
EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28
FEET ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE TO
THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS
PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALMA AVENUE.
AND
THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS
FOLLGWS:
BEGINNING AT A POI~1T ON THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE OF TRACT N0. 9169, AS SHOWN ON A MAP RECORDED IN BOOK
381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNN, SAID POINT BEING DISTANT SOUTH 5°
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33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST
NORTHERLY CORNER OF SAIO TRACT, SAID POINT BEING ON A NON-TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1055.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31'28" EAST, SAID
POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A"; THENCE
WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
18°42'17";THENCE TANGENTTO SAID CURVE NORTH 78°49'11" WEST, 214.13
FEET; THENCE NORTH 42°21'27" WEST, 21.06 FEET TO A POINT ON A NON-
TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET,
A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83°50'05" EAST;
THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 53' 42"; THENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE
WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE
OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY QF
ORANGE, RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF
OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
NORTH 72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLF_L LINE TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE t~ORTHWESTERLY AND HAVING A
RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 70° 49' S1" TO SAID CEN1"ER LINE OF LA
PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE
FOLLOWING COURSES: NORTH 72° 31' S7" EAST, 281.88 FEET AND EASTERLY
31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID
EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28
FEET ALONG THE SOUI'HERLY PROLONGATION OF SAID EASTERLY LINE TO
THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF A LINE WHICH IS
PARAI.LEL WI i H AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALM~1 AVENUE.
CITY OF ANAHEIM, A MUNICIPAL CORPORATION, (ACQUIRED BY FINAL ORDER
OF CONDEMNATION ENTERED IN CASE N0. 127381, SUPERIOR COURT OF
ORANGE COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26,
1967 AS INSTRUfv1ENT NO. 18791 IN BOOK 8417, PAGE 110 OF OFFICIAL
RECORDS) AND COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 1A, 1972
IN BOOI< 10469, PAGE 876 OF OFFICIAL RECORDS.
AND
THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO JESUS WILSON DE
SHORB AND R.G. DE Lr1 RIVA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO CANNVN DE SANTA ANA, A CERTIFIED COPY OF
WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS,
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS:
WESTERLY BY THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP
RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THE SOUTHERLY
PROLONGATION THEREOF,
NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE
RIVGRSIDE, SANTA ANA LOS ANGELES RAILWAY COMPANY BY DEED
RECORDED JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID
LOS ANGELES COUN'fY,
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NORTHEASTERLY BY THE SOUTiiV1rESTERLY LINE OF THE LAND DESCRIBEU AS
PARCEL 7 IN l'HE CORPORATION EASEMENT DEED RECORDED NOVEMBER 10,
1980 IN BOOK 13828, PAGE 115 OF OFFICIAL RFCORDS OF SAID OP.ANGE
COUNTY,AND
NORTHEASTrRLY, EASTERLY AND SOUTHERLY BY THE SOUTHWESTERLY,
WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 111.01
OF THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-
221347 OF SAID OFFICIAL RECGRDS.
EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF
SUPERVISORS OF LOS ANGELES COU~N BY DEED RECORDED JULY 9, 1879 IN
BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 26, 1999 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 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 ef all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes reciassification of subject property from the RS-A-
43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) and CL(SC) (Commercial, Limited -
Scenic Corridor Overiay) zones to the CO(SC) (Commerciai, Office and Professional - Scenic
Corridor Overlay) zone.
2. That the Land Use Element of the Anaheim General Plan designates subject property
for Hiliside Low-Medium Density Residential and General Commercial land uses, but that lhe
Planning Commission has adopted and recommended that City Councii adopt General Plan
Amendment No. 362 to re-designate the property Commercial Professional.
3. That the proposed reclassification of subject property is necessary and/or desirable
for the orderly and proper development of the community.
4. That lhe proposed reclassification of subject property does properly relate to the
zones and their permitted uses local(y establfshed (n ciose praximity to subJect property and to the
zones and their permitted uses generally established throughout the community.
5. That three people indicated their presence at the public hearing In opposition to the
proposal; and that correspondence was ~~eceived in opposition.
CALIFORNIA ENVIRONMFNTAL QUALITY ACT FIPJDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify an irregularly-shaped 16.3-acre
property located at the northwest corner of La Palma Avenue and Weir Canyon P.oad and having
frontages of 1,643 feet on the north side of La Palma Avenue and 810 feet on the west side of Weir
Canyon Road (8200 East La Palma Avenue) from the RS-A-43,000(SC} (Residential/Agriculturai -
Scenic Corridor Overlay) and CL(SC) (Commercial, Limited - Scenfc Corridor Overlay) zones to the
CO(SC) (Commercial, O~ce and Professional - Scenic Corridor Overlay) zone; and does hereby
approve the Mitigated Negative Declaration upon finding that the doclaration roflects the fndependent
judgment of the lead agency and that it has ccnsidered the Mitigated Negative Declaration together
with any comments received during the public review process and further finding on the basis of the
CR3614PK.DOC -3- PC99-68
initial study and any comments received that there is no substantial evidence that the project will have
a significant effect on Ihe environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planninc, Commission
does hereby approve the subject Petition for Reclassification to authorize an amendment i~ 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) and the CL(SC) (Commercial, Limited
- Scenic Corridor Overlay) zones and to incorporate said described property info the CO(SC)
(Commercial, Office and Professional - Scenic Corridor Overlay) Zone upon the following condilions
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 City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report
shali be furnished to the Zoning Division showing the legal vesting of title, a legal description
and containing a map of the property.
2. That completion of these reclassification proceedings is contingent upon approval of General
Plan Amendment No. 362 (to re-designate this property from the Hillside Low-Medium Density
Residential and General Commercial land use designations to the Commercial Nrofessional
land use designation) by the City Council.
3. That the legal owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3423 (to permit a commercial retail center with building heights in
excess of 35 feet and a service station, a freestanding drive-through restaurant with waiver of
minimum landscaped and structural setbacks).
4. That prior to placement of an ordinance rezoning subject property on an agenda for City
Council consideration, Condition Nos. 1, 2 and 3, abova-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 shail
appiy. The provisions or rights granted by this resoiution shall become nuli 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 the Planning Commission may grant.
5. That approval of this appli;.ation constitutes approval of the proposed req~est oniy to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, Siate and Federai regulatfons. Approval does not inctude any actfon or findings as to
compliance or approval of the request regarding any other appUcable ordinance, reguiation or
requirement.
BE IT FURTHER RESOWED that the Anaheim City Planning Commissfan does
hereby find and determine that adopt(on of this Resoiution is expressly predicated upon applicanfs
compliance with each and al~ ~f the conditions hereinabove set forth. Shouid any such conditions, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Rosolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOWED, that this resolution shall not constitute a rezoning of,
or a commitment by lhe City to rezone, the subJect property; any such rezoning shall requirQ an
ordinance oF the City Counc(I which shail be a legislative act which may be approved or denied by the
City Council at its solo discretion.
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TNE FOREGOING RESOLUTlON wa ado ted aE t~ e/ ning Commission meeting
of April 26, 1999.
S / ~
CHAIRPER N, AN IM ITY PLANNING COMMISS(ON
ATTEST:
Q.RA~kc~d~ ~y~l~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commfssion, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on April 26, 1999, by the following voto of the members thereof:
AYES: CONIMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
iJOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my'hand this ~~~ day of
__~~~ 1999. ,
/Zt.Q+e~~t~ dS'~~J~
SECRETARY, AN EIM CITY PLANNING COMMISSION
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