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Resolution-PC 2003-118• RESOLUTION NO. PC2003-118 ~ J 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 cr\PC2003-118.doc -1- PC2003-118 • • 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. ~~~,~ ~- _ RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2003-118 ! C~ 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. ~~dayof -3- PC2003-118 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION