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Resolution-PC 2002-150• RESOLUTION NO. PC2002-150 \ J 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 CR5478DM.doc -1- PC2002-150 • • 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. ~~.~ E ~~c~~ CHAIRPERSON, ANAHEIM ClTY PLANNlNG COMMISSION ATTEST: ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2002-150 ~ ~ 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. ~~~~,-~-z-- ~ Qo SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-150