Resolution-PC 2004-133~ ~ `
RESOLUTION NO. PC2004-133 '
A RESOLUTfON OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00135 BE GRANTED
' (1844 SOUTH HASTER STREET) :
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WHEREAS, the AnaheimPlanning Commission did receive a verified petition for "`
Reclassification for real property situated'in the City of Anaheim, Countyof Orange, State of California,
described as follows:
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THE NORTHERLY 271.1 FEET OF THE WESTERLY 249.47 FEET OF THE NORTH HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN RANCHO SAN JUAN CAJON DE SANTA ANA;
AS SHOWN ON A MAP RECORDED IN BOOK 51,'PAGE 10 OF MISCELLANEOUS MAPS, _
RECORDED W THE OFFICE OF 7HE COUNTY RECORDER OF ORANGE COUNTY'
CAUFORNIA. '
EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY, NORTH WESTERLY, AND ;:
WESTERLY OF THE SOUTHERLY, SOUTH EASTERLY, AND EASTERLY LINES OF
PARCELS "A-1" THROUGH "A-3" OF THE LAND DESCRIBED IN THAT CERTAIN FINAL
ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 784656, A CERTIFIED COPY
OF WHICH WAS RECORDED APRIL 7, 1999 AS INSTRUMENT NO 19990254025 OF
OFFICIAL RECORDS OF SAID COUNTY
FUR7HER EXCLUDING THE NORTHERLY 134 FEET OF SAID PROPERTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 15, 2004, at 2:00 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 18.60, to
hear and consider evidence for and against said proposed reclassification and to investigate andmake findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection and review of the submitted Conversion
Impact Report (CIR), and investigation and study made by itself and on 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 SP92-2 (MNP) zone
(The Anaheim Resort Specific Plan No. 92-2; Mobile Home Park Overlay) to the SP92-2 (The Anaheim Resort
Specific Plan No. 92-2) or a less intense zone.
2. That the Anaheim General Plan Land Use Element Map designates the property for:
Commercial Recreation land uses and designates the SP 92-2 as an implementation zone.
3. That the proposed change of land use will not have an adverse effect upon the goals and :
policies for preservation of housing within the City of Anaheim as set forth in the Housing Element of the
Anaheim General Plan as adequate housing sites exist within the City to meet the housing goals set forth in said
Element.
4. That denial of the reclassification would deprive the owner of all reasonable or economically
viable use~of tk~e property.
5. That the reclassification is required by public necessity and convenience and the general '
L'~- welfare.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition. .
CR\PC2004-133 -1- PC2004-133
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CALIFORNIA ENVIRONMENTAL QUAGTY ACT FINDING: The Anaheim Planning
Gommission has reviewed the proposal and petitioner's submitted Environmental lnformation Form (a copy of
which is' on file and available for public review in the Planning Department), and finds that the proposed project's
environmental effects are within the parameters, assumptions and time frames analyzed in the previously-
certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon
a review of the requested reclassification and the supporting documentation, staff finds that said request will not
result in any new significant environmental impacts. Staff has prepared Mitigation Monitoring Plan No. 067 for
the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation
Monitoring Program No. 0085 that are applicable to the project (a copy of Mitigation Monitoring Plan No. 067
has been forwarded to the petitioner and is on file and available for public review'in the Planning Department).
' NOW, THEREFORE, BE 1T RESOLVED that the Anaheim Pianning 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 MHP (Mobile Home Park) Overlay 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 City of Anaheim: ~
1. That prior to introduction of an ordinance rezoning subject property, a preliminary titlereport shall be
furnished to the Planning Services Division showing the.legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subjecYproperty on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in ,
Anaheim MunicipafCode Section 18.60.140 shalf 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 thaf 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 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 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or the revocation of the approval of this applicaiion.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 1 b, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal proc nd may be re laced by a City Council
Resolution in the event of an appeaf:-
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CHAIRMAN,ANAHEIM PLANNING COMMISS
ATT T:
ENI R CRETARY, ANAHEIM PLANNING,COMMJSSION
STATE OF CALIFORNIA ) '
COUNTY OF'ORANGE' ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held
on November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES ` '
VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this _~1~~~ day of h,
2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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