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Resolution-PC 2003-160~ ` RESOLUTION NO. PC2003-160 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISS~ON THAT PETITION FOR RECLASSIFICATION NO. 2003-00111 BE GRANTED WHEREAS, on September 22, 2003 the Anaheim City Planning Commission did initiate this petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: LOT 3 IN BLOCK "H" OF LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 29, PAGE 24 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIAS; AND LOT 13, 14 AND 15 IN BLOCK H OF LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGE 24 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; AND LOTS FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12) IN BLOCK "H" OF "THE LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGE 24 OF MISCELLANEOUS RECORDS OF LOS - ANGELES C~UNTY, CALIFORNIA; AND LOT 1 AND 2 IN BLOCK H OF THE LORELEI TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 24, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALI FORN IA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 2003 at 4:30 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 the proposed reclassification of subject properties is from the ML (Limited Industrial) Zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone. 2. That the Anaheim General Plan designates subject properties for General Indusfrial land use but that the Planning Commission has recommended that City Council approve General Plan Amendment No. 2003-00111 (processed concurrently with this reclassification) to redesignate said properties to Medium Density Residential land use. 3. That in addition to the ML-zoned parcels of real property, this reclassification also includes the portion of Santa Ana Street between the Southern Pacific Railroad right-of-way and Vine Street, which portion is proposed to be closed in connection with the pending update of the Anaheim General Plan, as discussed in paragraph (15) of the Staff Report to the Planning Commission dated November 13, 2003. CR\PC2003-160.doc -1- PC2003-160 ~ • 4. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. 6. That one person spoke at the public hearing in favor of the proposal and a second person spoke in favor of condominiums and improvements; and that no correspondence was received in favor of the proposal. 7. That one person spoke at the public hearing in opposition to the proposal and a second person indicated their presence at the hearing 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 ML (Limited Industrial) Zone to the RM-1200 (Residential, Multiple-Family) or a less intense zone on a rectangularly-shaped 2.35-acre area consisting of the properties on the west side of Vine Street between Broadway and Santa Ana Street having frontages of 125 feet on the south side of Broadway, 756 feet on the west side of Vine Street, 125 feet on the north side of Santa Ana Street and 756 feet on the east side of the Southern Pacific Railroad right-of-way and further described as 802 to 808 East Broadway, 801 East Santa Ana Street and 409 to 421 South Vine Street and also including the 64.75-foot wide portion of Santa Ana Street between the Southern Pacific Railroad right-of-way and Vine Street; and does hereby approve the Negative ---- D~cfarat~on upon fincting that the d~ctaration reflects the indepenct~nt Judgment of the Iead agency anct 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 properties from the ML (Limited Industrial) Zone and to incorporate said described properties into the RM-1200 (Residential, Multiple- Family) Zone upon the following conditions which are 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 this reclassification is granted subject to City Council adoption of General Plan Amendment No. 2003-00413 (to amend the Land Use Element of the Anaheim General Plan from the General lndustrial to the Medium Density Residential land use designation). 2. 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. -2- PC2003-160 ~ • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 17, 2003. RPERSON, ANAHEIM CITY PLANNING COMMISSION A SENIOR~ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 November 17, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: BOSTWICK ABSENT: COMMISSIONERS: FLORES __ _ _ _ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _ , 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-160