Resolution-PC 2003-118•
RESOLUTION NO. PC2003-118
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2003-00108 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:
THOSE CERTAIN PROPERTIES TOTALING APPROXIMATE~Y 36 ACRES
BORDERED BY LINCOLN AVENUE ON THE NORTH, ANAHEIM BOULEVARD ON
THE EAST, BROADWAY ON THE SOUTH AND HARBOR BOULEVARD ON THE
WEST; AND FURTHER DESCRIBED AS 'DOWNTOWN ANAHEIM.'
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 11, 2003 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 of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That this City-initiated (Community Development Department) proposal is for
reclassification of subject properties from the CL (Commercial, Limited), CG (Commercial, General) and
CO (Commercial, Office and Professional) Zones to the CL(DMU) (Commercial, Limited - Downtown
Mixed-Use Overlay), CG(DMU) (Commercial, General - Downtown Mixed-Use Overlay) and CO(DMU)
(Commercial, Office and Professional - Downtown Mixed-Use Overlay) Zones.
2. That subject area is developed with a commercial retail center, City Hall facility, offices,
ice skating rink, U.S. Post Office, museum and parking structures; that the Land Use Element of the
Anaheim General Plan designates the area for General Commercial and Open Space land uses; and
that the area is located within the Downtown Sub-Area of Redevelopment Project Alpha.
3. That the proposed reclassification is necessary and/or desirable for the orderly and
proper development of the community, as discussed in paragraphs (5) through (10) of Item No. 4 of the
Staff Reports to the Planning Commission dated August 11, 2003.
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 that certain area consisting of multiple
properties with a combined area of approximately 36 acres bounded by Lincoln Avenue on the north,
Anaheim Boulevard on the east, Broadway on the south and Harbor Boulevard on the west, and further
described as 'Downtown Anaheim,' from the CL (Commercial, Limited), CG (Commercial, General) and
CO (Commercial, Office and Professional) Zones to the CL(DMU) (Commercial, Limited - Downtown
Mixed-Use Overlay), CG(DMU} (Commercial, General - Downtown Mixed-Use Overlay) and CO(DMU)
(Commercial, Office and Professional - Downtown Mixed-Use Overlay) Zones; and does hereby
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determine that the previousiy-certified Addendum to the Koll Anaheim Center Environmental Impact
Report No. 189 is adequate to serve as the required environmental documentation for the proposal.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant the subject Petition for Reclassification to authorize an amendment to the Zoning Map
of the Anaheim Municipal Code to exclude the above-described properties from the CL (Commercial,
Limited), CG (Commercial, General) and CO (Commercial, Office and Professional) Zones and to
incorporate said described properties into the CL(DMU) (Commercial, Limited - Downtown Mixed-Use
Overlay), CG(DMU) (Commercial, General - Downtown Mixed-Use Overlay) and CO(DMU) (Commercial,
Office and Professional - Downtown Mixed-Use Overlay) Zones, upon the following condition which is
hereby found to be a necessary prerequisite to the proposed use of subject properties in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That prior to placement of an ordinance rezoning subject properties on an agenda for City Council
consideration, a resolution approving a new Downtown Mixed-Use ("DMU") Overlay Zone shall have
been approved and an ordinance amending the Zoning Code to establish zoning and development
standards for said new overlay zone shall have been adopted. 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 shall apply. The provisions or rights granted by
this Resolution shall become null and void by action of the Planning Commission unless this
condition is completed within one (1) year from the date of this Resolution, or such further time as
the Planning Commission may grant.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Anaheim MunicipaLZoning Code and-ar~y
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 completion of the
condition hereinabove set forth. Should such condition, 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 RESOLUTION was adopted at the Planning Commission meeting of
August 11, 2003.
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RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 11, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
VACANCY: COMMISSIONERS: ONE SEAT
~ IN WITNESS WHEREOF, I have hereunto set my hand this
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION