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Resolution-PC 99-34RESOLUTION NO. PC99-34 A RESOLUTION OF THE ANAHEIM CiTY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 98-99-11 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 in Exhibit B, attached; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and ccnsider evidenca for and against said proposed reclassification and to investigate and make findings and ;ecommendations 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 of Anaheim Redevelopment Agency-initiated reclassification is being considered concurrently with an amendment t~ Title 18 "Zoning" to add Zoning and Development Standards for a new overlay zone, the Brookhurst Commercial Corridor "(BCC}" Overlay Zone (Code Amendment No. 99-03); and that the Planning Commission has recommended that the City Council approve Code Amendment No. 99-03. 2. That this proposal is to establish the (BCC) Overlay Zone in combination with the existing zoning (RS-A-43,000 "Residential/Agricultural;' RS-7200 "Residential, Single-Family, " RM-3000 "Residential, Multiple-Family;' RM-1200 "Residential, Multiple-Family," CO "Commercial, Office and Professional;' CL "Commercial, Limited," CG "Commercial, General;' CH "Commercial, Heavy;' PD-C "Parking District, Commercial" and ML "Limited Industrial") of approximately 318 acres located in the Brookhurst sub-area of the West Anaheim Commercial Corridors Redevelopment Project Area. 3. That the proposed (BCC) Overlay zone is designed to reduce the number of blighting land uses and improve the qualify of new development in the subject area; and that this objective will be accomplished by the (BCC) Overlay zone's alteration of land uses permitted by the underlying zoning and through adoption of enhanced development standards. 4. That the Anaheim General Plan des'gnates subject properties for Low Density Residential, Low-Medium Density Residential, Medium Density Residential, Commercial Professional, General Commercial, and General Industrial land uses. 5. That the proposed reclassification of subject properties is necessary and desirable for the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly relate to the zones and their perm;tted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. 7. The (BCC) Overlay zone will implement the Redevelopment Plan for the Brookhurst sub- area of the West Anaheim Commercial Corridors Redevelopment Project Area. 8. That one person spoke in opposition to the proposal at the public hearing and no correspondence was received in opposition; and that two people spoke in support of the proposal. CR3568PK.DOC -1- PC99-34 CALIFORNIA ENVIRONMENTAL QUALI7Y ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish the Brookhurst Commercial Corridor (BCC} Overlay Zone in combination with the existing zoning (RS-A-43,000 "Residential/Agricultural," RS-7200 "Residential, Single-Family," RM-3000 "Residential, Muitiple-Family," 't~M-1200 "Residential, Multiple- Family;' CO "Commercial, Office and Professional," CL "Commercial, Limited;' CG "Commer,tai, General," CH "Commercial, Heavy," PD-C "Parking District, Commercial" and ML "Limited Industrial") on properties consisting of approximately 318 acres located in the Brookhurst sub-area of the West Anaheim Commercial Corridors Redevelopment Project Area, and further described as being Ir,cated within an area generaily bounded by Falmouth Avenue on the north, Muller Street on the east, Chalet Avenue on the south and Gilbert Street on the west; and does hereby determine that the previously-certified EIR No. 319 is adequata to serve as the required environmental documentation for subject ~~;,;;est. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does hereby approve the subject Petition for Reclassification to authorize an 2mendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described properties from the RS-A=43,000 "Residential/Agricuitural," RS-7200 "Resid entiai, Sing~e-Family," RM-3000 "Residential, Multiple-Family," RM-1200 "Residential, Multiple-Family," CO "Commercial, O~ce and Professional;' CL "Commercial, Limited;' CG "Commerciaf, General," CH "Commercial, Heavy;' Pd-C "Parking District, Commercial" and ML "Limited Industrial" zones and to incorporate said described properties into the RS-A-43,000(BCC)" Residential/Agricultural - Brookhurst Commercial Corridor Overlay," RS-7200(BCC) "Residential, Single- Family - Brookhurst Commercial Corridor Overlay," RM-3000(BCC) "Residential, Multiple-Family - Brookhurst Commercial Corridor Overlay," RM-1200(BCC) "Residential, Multiple-Family - Brookhurst Commerciai Corridor Overlay," CO(BCC) "Commercial, Office and Professional - Brookhurst Commercial Corridor Overlay," CL(BCC) "Commerciai, Limited - Brookhurst Commercial Corridor Overlay;' CG(BCC) "Commercial, General - Brookhurst Commercial Corridor Overlay," CH(BCC) "Commercial, Heavy - Brookhurst Commerciai Corridor Overlay;' PD-C(BCC) "Parking District, Commercial - Bronkhurst Commercial Corridor Overlay" and ML(BCC) "Limited Industrial - Brookhur3i Commercial Corridor Overlay" zones upon the fol~owing condition, which is hereby found to be a necessary prerequisite to the proposed use of the subject properties 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 to establish tfie Brookhurst Commercial Corridor (BCC) Qverlay zone on any of the subject properties, Code Amendment No. 99-03 shall be adopted by the Anaheim City Council. BE IT FURTHER RESOWED that the Anaheim City Planning Commission does hereby find and determine lhat adoption of this Resolution is expressly predicated upon compliance with the condition hereinabove set forth. Shouid that condition, or any Fart 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 FUR'fHER RESOLVED, that this resolution shall not constitute a rezoning oF, or a commitment by the City to rezone, the subject properties; 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 RESOLUTIO~wa~a pt at th I nr~iny Commission meeting of March 1, 1999. ~ / / CHAIRPER6~4~.`,4NAF?EIM CITY PLANNING COMMISSION U ATTEST: /~(Qi~a~~u ~or2c~' SECRE''ARY, A HEIM CITY PLANNING COMMISSION CR35G8PK.DOC -2- PC99-34 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoiny resolution was passed and adopted at a meeting of the Anaheim City Pianning Cammission held on March 1, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMIS510NERS: ABS[NT: COMMISSIONERS: IN WITNESS WI ~_, 1999. BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NONE NONE -IEREOF, I liave hereunto set my hand this .~~ day of /~G.~~C(R~C~ ~dLo R~ SECRETARY, AHEIM CIN PLANNING COMMISSION CR35G8PK.DOC -3- PC99-34