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Resolution-PC 2000-96• RESOLUTION NO. PC2000-96 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2000-25 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: COMMENCING AT THE CENTERLINE INTERSECTION OF BALL ROAD, 60 FEET WIDE, AND HARBOR BOULEVARD, 60 FEET WIDE, AS SHOWN ON TRACT NO. 1758, PER MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE N89 DEGREES 09' 34" W, 808.30 FEET ALONG SAID CENTERLINE OF BALL ROAD; THENCE N00 DEGREES 50'26"E, 255.64 FEET TO A POINT ON A COU~tSE DESCRIBED AS "N85 DEGREES 28' 32" w, 66.48 FEET" IN DIRECTOR'S DEED DD001097-01-02, RECORDED OCTOBER 13, 1978 IN BOOK 12882, PAGE 1420 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT ALSO BEING "THE TRUE POIlVT OF BEGINNING"; THENCE N55 DEGREES 14'30"W, 130.30 FEET; THENCE N43 DEGREES 36'30"W; 75.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1200.00 FEET, TO WHICH POINT A RADIAL LINE BEARS S44 DEGREES 00' 49"W; THENCE NORTHWESTERLY 102.23 FEET ALONG SAID CURVE THROU!GH A CENTRAL ANGLE OF 04 DEGREES 52' 53"; THENCE N41 DEGREES 06' 18" W, 251.58 FEET; THENCE N40 DEGREES 13' 35"W, 23.20 FEET; THENCE N41 DEGREES 22' 34"W, 36.95 FEET TO A POINT IN THE CEINTERLINE OF WEST VERMONT AVENU~, 66 FEET WIDE, AS SHOWN ON TRACT NO. 1682, PER MAP RECORDED IN BOOK 49, PAGE 25, OF MISCIELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNT; THENCE ALONG SAID WEST VERMONT AVENUE N75 DEGREES 21' S2" E 336.07 FEET TO THE INTERSECTION OF SOUTH CITRON STREET, 59.50 FEET WIDE AS SHOWN ON SAID TRACT 1682. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 28, 2000 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 that the hearing was continued from the June 19, July 3, July 16 and August 14, 2000 meetings; 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. That the petitioner proposes reclassification of subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Cpmmercial, Limited) Zone. 2. That the Anaheim General Plan designates subject property for General Commercial land uses. 3. That the proposed reclassification of the property is necessary and/or desirable for the orderly and proper development of the community. CR4024PK.DOC -1- PC2000-96 . • 4. That the proposed reclassification of subject property properly relates 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 communiry. 5. That one person spoke at the public hearing with concerns related to the truck rental portion of the proposal; that no one indicat~d their presence in opposition; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed reclassification from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone on an irregularly-shaped 1.1-acre property located on the east side of the I-5/Santa Ana Freeway between Vermont Street and Ball Road, having frontages of 430 feet on the east side of the I-5/Santa Ana Freeway and 245 feet on the west side of a public alley, being located 315 feet south of the centerline of Vermont Avenue, and further described as 800 West Vermont Avenue (former A-1 Body and Paint); 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 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 (Residential/Agricultural Zone and to incorporate said described property into the CL (Commercial, Limited) Zone upon the following conditions 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 shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That a lot line adjustment plat to combine all the existing parcels south of Vermont Avenue (shown as Portions A and B on the location map attached to the Staff Report to the Planning Commission dated August 28, 2000) into finro (2) parcels (one for the Coast Corvette business and the other for the proposed self-storage facility) shall be submitted to the Subdivision Section, Development Services Division, of the Public Works Department for review and approval by ths City Engineer, and then for recordation in the Office of the Orange County Recorder. 3. That if the self-storage facility (approwed under Conditional Use Permit No. 2000-4224 in conjunction with subject reclassification) is not under construction by August 28, 2001, city staff shall prepare a"Reports and Recomrmendations" item for Planning Commission consideration to initiate a reclassification from the CL Zone back to the RS-A-43,000 or other appropriate zone. 4. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 823 (to erect and operate an automobile service planUauto paint facility at 800 West Vermont Avenue), Variance No. 982 (to erect an 18-foot high metal sign) and Conditional Use Permit No. 2434 (to permit a church facility with offices and rectory in the CL Zone with wavier of minimum number of parking spaces at 808-820 West Vermont Avenue). 5. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, 2 andl4, above-mentioned, shall 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 Mlunicipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning _2_ PC2000-96 ~ • 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. 6. 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, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find 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 RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. . ~,, THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of August 28, 2000. ~ „ CHAIRPER$'Q1N; ANAHEIM CITY PLANNING COMMISSION ~~ ATTEST: ~~/C.~() SECR TARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 August 28, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN, IN WITNESS WHEREOF, 6 have hereunto set my hand this ~'s~ day of September, 2000. ~;~c0'' SE ETA , ANAHEIM CITY PLANNING COMMISSION _3_ PC2000-96