Loading...
Resolution-PC 97-119µ RESOLUTION NO. PC97-119 t~. ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSlFICATlON NO. 97-98-02 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petitiun for Reclassificaiion for real property situated in the City of Anaheim, County c~f Orange, State of Caiifomia, described as follows: PARCEL A: PARCEL 1: THL' NORTHERLY RECTANGULAR 90 FEET OF LOTS 54, 55 AND 56 SN BLOCK "P" OF "HOTEL DEL CAMPO TRACT', IN THE CI'Y OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 69 AND 70 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAlD COUNTY. EXCEPTING THEREFROM THE EASTERLY RECTANGULAR 2 FEET OF SAID LOT 54. PARCEL B: THE SOUTHERLV 441/2 FEET OF LOTS 54, 55 AND 56 IN BLOCK "F" OF "HOTEL DEL CAMPO TRACT', EXCEP7TFiE EASTERLY 2 FEET OF SAID LOT 54, Ifv THE CITY OF ANAHEIM, COUNTY OF ORANG~, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGES 69 AND 70 OF MISCELLANEOUS MAPS, IN THE OFFICF_ OF COUNTY RECORDER OF SAID ~OUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Genter in the City of Anaheim on P,ugust 18, 1997 at 1:30 p.m., nutice of said public hearing having been duly qiven as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 38.03, 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 mada by itself and in its behalf, and after due r,onsideration of alt evidence and reports offered at said heariny, does find and determine the following facts: 1. That the petitioner pr~poses reclassification of subject property from the RM-1200 Zone to the ML (Limited Industrial) Zone; 2. That the Anahsim General Plan designates subject property for General Industrial land uses; 3. That the proposed reclassificGtion of subject property is necessary and/or desirable for the orderly and proper development of the cocnmunity; CR3027MS.VVP -1- PC97-119 ~ ~ 4. That the proposed reclassification of subject property prQperly relates to 4he zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally estabiished throuahout the community; and 5. That no one indicated their presence at said public hearing in opposi4ion; and that no correspondence was received in opposition to subject petit~on. CALIFORNIA ENVIRONA4EN7AL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RM-1200 Zone to the ML (Limited Industrial) Zone on a rectangularly-shaped 0.22-acre property located at the southeast comer of Broadway and Kroeger Street, having frontages of 74 f~et on the south side of Broadway and 134 feet on the east ~ide of Kroeger Street (602 East Broadway and 308 South Kroeger Street); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgement 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 tlie initial study and any camments received that there is no substantial evid~nce that the project will have a significant effect on the environment. PJOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition; for Reclassification to authorize an am~ndment to the Zoning Map of the Anaheim Municipal Code to exclude the abuve-described property from the RM-1200 Zone and to incorporate said described property into ths ML (Limited Industrial) Zone upon the following conditions which are hereby found to be a necessary p~ erequisite to the proposed use of subject property in order to preserve itie safety and general welfare of the Citizens of the Citu of Anaheim: 1. That the property owner shall either: (a) Submit F+ans showing that the property will be developed as a parking lot in accordance with the development standards of the ML "Limited Industrial" Zone for Zonino, approval; or (b) Submit parking IoY plans in conjunction with a Petition for Variance to request review and approval by the Planning Commission or Zoning Administrator of any req~ested Code waivers to construct the proposed parking lot. 2. That within a period of six (6) months from the date of this resolution, either of the following shall be completed to acidress the issue that the existing building has been constructed across property lines in'violation of the Building Code: (aj A lot;line adjustment plat shall be submitted to the Subdivision Secticn and approved by the Ciry Eng+neer; or (b) An unsubordinated covenant to "Ho~d as One Parcel" shall be submitted to thP Subdivision Section and approved by the City Attomey's C;ffice to merge Lot~ 47 - 56 in Block F of the Hotel Del Campo Tract (i.e. all lots between Kroeger and Atchison Street, south of Broadway and north of the alley} into one (1) legal parcel. Following approval, the lot lins adjustment plat or the covenant shall be recorded in the Office of the Orange Caunry Recorder -2- PC97-119 ~~ ~ 3, Tha! ;?s'i~r to introductiary. of a~'~ :~~~~i~ance rezoning the prcperty or within a period of one (1) .v~:ar ~r~m 4i~e date a~ i~:s ~~e~ ,-;'•~.ition, whichevcr cc:.'urs iirst, Condition Nos. 1 and 2, above- ~;,erttior,eu ~Y:al: b~:complie~~ Niii~. cxt~ns9cs7s #or fiurther time to complete said conditions ~rnay be grar~t~4 iri accor~ar.~~::Y with ~~ -:'~': •'r: 18.03.090 of th~ .~naheim hlunicipal Code. 4. That approval of this an4 '.~~ation ccnstifiates avr.;rov~S :°' ~'+E ~: ~posed request only to the extent that it complies w:t;, ihe Anah~;`~,': .'.~~-,~~~~;-'' `~n~ng Code and any other applicable City, Sta4e and Federaf regutat:ons. r~;~r~s:.~val does n~t include any action or findings as to compliance or approval of tt;~~ request regard~ng any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED thaY the Anaheim Ciry Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance witii each and all of the conditions hereinabove set fo~th. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of campetent jurisdiction, then this Resolution, and any approvals herein contained, shall oe deemed null and void. BE IT FURTHER RESOLVED, that this resolution shal! 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 ~hall be a legislative act which may be approved or denied by the City Council at its sole discretion. TFiE FOREGOING RESOLUTIOPd was adopted at the Planning Commission meeting of August 18, 1997 ~~~ /,~/~ ~ ~~~21- ~ CHAIRPERSON ANAHEIM CITY PLAf~NING COMMISSION ATT'EST: , ~ . SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNT.~ OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Plannin~ Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on August 18, 1987, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSIWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA PJOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NCNE ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of , 1997. ~1 ~ ~~ . SECRETARY, A AHE4M CITY PLANNINv COMMISSION -3- PC97-119