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Resolution-PC 97-66~ ~ RESOLUTION N0. PC97-fi6 A RESOI.UTIQN l~F THE ANAHEIM CITY PLANNING COMMISSlON THaT PETITION FOR RECLASSIFICATION NO. 96-~J7-11 BE GRANTED, UNCONDITIONALLY WHER~S, the Anaheim City Planning Commission did recefve a verified petition for Reclassification for real property sftuated in the City of Anaheim, Counry of Orange, State of Calffomia, descr!bed as follows: PAHCEL A: BEGINNING AT A POINT IN THE CENTERLlNE OF EATON WAY 40.00 FEET WIDE, AS DESCRIBED IN DEED RECORDED IN BOOK 852, PAGE 82 OF OFFICIAL REGORDS IN THE OFFlCE OF THE COU~JTY RECORDER OF ORANGE COUNTY, CAUFORNIA, DISTANT ALONG SAID CENTERUNE SOUTH 00 DEGREES, 28' 07" WEST 420.59 FEET FFiOM THE CENTERLINE OF BALL ROAD 60.00 FEEf WIDE, AS DESCRIBED IN SAID DEED; SAID POINT A~SO BEING THE NORTHEASTERLY TERMIN~IS OR THAT CERTAIN COURSE DESCRIBED AS A CURVE CONCAVE SOUTHEAS7ERLY AND HAVING A RADIUS OF it)00.00 FEET, IN PARCEL 3A OF THE FINAL ORDER OF CONDEMNATION, SUPEfiIVR COURT CASE N0. 145654, A CERTIFIED COPY OF WHICH HAS RECORDED MARCH 23, 1967 IN BOOK 8206, PAGE 807 OF OFFICIAL RECORDS OF SAID OR~NGE COUNTY: THENCE SOUTHWESTERLY ALONG S.AID CURVE FROM A TANGENT WHICH BEAHS SOlJTH 56 DEGREES 59' 23' WEST, THROUGH A CENTRAL ANGLE OF 35 DEGREES 53' S8' AN ARC DIS7ANCE OF 626.56 FEET TO THE CENTERLINE OF TAFf AVENUE, 40.00 FEEf WIDE, AS DESCRIgED IN SAID DEED; THENCE EASTERLY ANp NORTHERLY ALONG SAID CENTERLINE GF TAFT AVENUE AND EATON WAY TO THE PO{NT OF THE BEGINNING. PARCEL B: PARCELS 1 AND 2 OF PARCEL MAP N0. 86-151, AS SHOWN ON A MAP FILED IN BOOK217, P': :a~S S 1, 12 AND 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNT.';"`~na~t`:~~,ii OF ORANGE COUN'Tl(, CALIFORNIA. WhFFtE '~. •.-City-9lanNng Commission did hdd a public hearing at ttie Civic Center in the Ciry of Anahefm or s.',•,;:,+„_~i:. i99r at i:30 p.m., notice of said p~blfc hearing having been duly given as requfred by law and ir.<.;c:~nrdaitice with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against sakJ proposed reclassificat(on and to investigate and make findings and recommendations fn connection therewfth; and WHEREAS, ,aid Commission, after due Inspectfon, fnvest(gation and study made by ftself and in its behalf, and after due consideratfon of al! evidence and reports offered at sald hearing, daes flnd and determine the follow(ng fac,~ts: 1. That the petitioner proposes reclassffication of subject prop~rty from the ML (Limited Industrial) Zone to the CL (Commercial, Limited) Zone. land uses. 2. That the Anaheim Genera! Plan desfgnates subJect property for General Commercial CR2922PLWP -t- PC97-66 ~ ~/ 3. That the proposed reclass~ication of subject property (s r~ecessary and/or desirable for the orderly and proper development of the communfty. 4. That the proposed reclassificatfon of subject property does praperly relate to the zones and their permftted uses iocally establishsd in close proximiry to subject property and to the zones and their permitted uses generally established throughout the community. 5. That ihe proposed reciassff(cation will bring the subJect property into conformance with the existing General Plan Land Usg designation, (General Commerca)I, and that said zoning wili match the surrounding praperties which are already zoned CL; 6. That the proposed reclassffication will not adversely affect the existing auto dealerships nor the surrourxi!ng land uses; and 7. That no one indicated their presence at said pubiic hearing in opposftion; and that no correspondence was rece{ved in opposftion to subject petition. CALIFORNIA ENVIRON"ENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning Commission has reviewed the proposal to reclassify subJect property is from the ML (Limited Industrial) Zone to the CL (Commercial, Lirtiited) Zone, on a(rregulariy-shaped 13.1 acre parcel of land located at the southwest comer of Ball Road and Phoenix Club Drive, wfth frontages of 320 feet on the south side of Ball Road, fi28 feet on the west sfde of Pt~cenbc Club Drive and 944 feet on the north side of Auto Center Drive (1221-1271 South Phoenix Ciub DrNe and 1321-1381 East Auto Center Dri~re); and does hereby approve the Negative Daclaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaratlon together y~ith any comments receNed during the public review process and further flnding on the basis of the inftia! study and any comments receNed that there is no substantial evidence that the prnject will have a sign~icant effect on the environment. NaW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Pet(tion for ReclassiFlcation, unconditionally, to authorize an amendment to the Zoning Map of the Anahefm Munic(pal Code to exclude the above-described property from the ML (~.imfted Industrial) Zone and to incorporate said described property fnto the CL (Commercial, Limited) Zone. BE IT FURTHER RESOLVED tf~at the Anaheim City Planning Commission dces hereby find and determine that adoption of thfs Resolution i~ expressly predicated upon applicant's compliance wfth each and all of the corxiftions hereinabove set f~rth. Should any such conditians, or any part thereof, be declared invalid or uneniorceable by the flnal Judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and vo(d. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezo~a, the s~bject properry; any such rezoning shall requ(re an ordinance of the Ciry Council which shall be a legislative act which may be ;,:proved or denied by the City Council at its sole discretion. -2- PC97-68 ~;: ~ THE FOREG0ING RESOLUTION was adopted at the P~anning Commission meeting of May 28, 1997 CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION ATTEST: l~~ ~ SECRETARY, ANAH IM CITY PLANN{NG COMMISSION ~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, N{argarita Solorio, Secretary of the Anaheim City Plsnning Commisslon, do hereby certify that the foregoing resolution was passPd and adopted at a meeting of the Anaheim City Planning Commission held on May 28, 1997, by the following vote of tho members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HENNINGER, MESSE, PERAZA NOES: CflMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, MAYER IN WI7NESS WHEREOF, I have hereunto set my hand this ~ day of Z~~.l~11~,~ ~ 1997. ~ 4~H7%N~ u.C) SECR ARY, AN HEIM CITY PLANNING COh1MISSION ~_ PC97-66