Resolution-PC 2002-150•
RESOLUTION NO. PC2002-150
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2002-00078 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:
A STRIP OF LAND, 70.0 FEET MORE OR LESS, IN WIDTH, AND 2680 FEET, MORE
OR LESS, IN LENGTH, BEING ALL THAT PART OF THE ANAHEIM BRANCH (NOW
ABANDONED) OF THE UNION PACIFIC RAILROAD COMPANY, SUCCESSOR IN
INTEREST TO THE LOS ANGELES & SALT LAKE RAILROAD COMPANY,
SITUATED IN THE SOUTHEAST QUARTER (SE'/4) OF SECTION 3, TOWNSHIP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, CITY OF
ANAHEIM, ORANGE COUNTY, CALIFORNIA, THE SAID STRIP LYING BETWEEN
LINES DISTANT 0.00 FEET AND 70.0 FEET WESTERLY, WHEN MEASURED AT
RIGHT ANGLES AND/OR RADIALLY, FROM THE WESTERLY LINE OF THE RIGHT
OF WAY OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS
PRESENTLY CONSTRUCTED AND OPERATED, THE SAID STRIP OF LAND BEING
BOUNDED ON THE NORTH BY THE NORTHERLY LINE OF THE SAID
SOUTHEAST QUARTER (SE '/4) OF SECTION 3, AND BOUNDED ON THE SOUTH
BY THE NORTH LINE OF THE PUBLIC ROADWAY COMMONLY KNOWN AS "LA
PALMA STREET", THE CENTERLINE OF WHICH STREET BEING THE
SOUTHERLY LINE OF THE SAID SECTION 3, AND THE SAID STRIP OF LAND
BEING ALL ~i~ PAF~T 6F THOSE SAME TFZ4CTS OF tAND HERETOFORE
ACQUIRED BY THE SAID LOS ANGELES & SALT LAKE RAILROAD COMPANY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 29, 2002 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 said hearing was continued to the August
12, August 26 and October 7, 2002 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) to the ML (Limited Industrial) or a less intense zone.
2. That the Anaheim General Plan designates subject property for General Industrial land uses.
3. That the proposed reclassification 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 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 no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000
(Residential/Agricultural) to the ML (Limited Industrial) or a less intense zone on a rectangularly-shaped 4.3-
acre property having a frontage of 70 feet on the north side of La Palma Avenue and a maximum depth of
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2,680 feet, and being located 255 feet east of the centerline of Pauline Avenue; 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 ML (Limited Industrial)
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 Ciry of
Anaheim:
1. That a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title
and a legal description, and containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be compfeted. The City Councit 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 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.
3. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Cbde and any other appf~cabte Citq, 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 applicant's 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 Ciry 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 RESOLUTiON was adopted at the Planning Commission meeting of
October 7, 2002.
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CHAIRPERSON, ANAHEIM ClTY PLANNlNG COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, 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 October 7, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ nc~ day of
~ l ~~ ~- ~ ~~i , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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