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Resolution-PC 97-8~ ~. RESOLUTION NO. PC97-8 A RESOLUTION JF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECtASSIFtCA710N NO. 96-97-03 BE GRANTEG WHEREAS, the Arahe(m Ciry Planning Commission did receive a verfffed petition for Reclassification for real property sftuated in the City of Anaheim, County of Orange, State of Calffornia, described as fol~ows: Pf+RCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT N0. 1758, AS BHOWN ON A MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, RECOFiDS OF ORANGE COUNTY, CALIFORNIA EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709-I IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31,19~ AS INSTRUMENT N0. 94-0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST ~UARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECOFiDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIrORNIA. PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00 FEET OF THE NORTHWEST QUARTER OF TtiE NORTHWEST QUARTER OF THE NORTHEAS'f QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 1U WEST, !N T'HE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA. WHEREAS, the City Planning Commisston did hoid a public hearing at ths C'Nic Center (n the City of Anahefm on January 22, 1997 at 1:30 p.m., notice of said public hear(ng having been duly given as requirec by law and in accordance with the provisions of the Anaheim Munic(pal Code, Chaptes 18.03, to hear and cons(der evldence for and against sald praposed reclassffication and to (nvestfgate and make findings and recommendations in connection therewfth; and that said publfc hearing was continued to the February 3, 1997 Planning Commission meeting; and WHEREAS, safd Commission, after due inspection, investioation and study made by itself and in its behalf, and after due consideration of all ev(dence and reports offered at said hearing, does find and determfne the following facts: 1. That the petitioner proposes reclassffication of subject property from the RS-A-43,000 (Residential/Agricultural) and RS-7200 (Resident(al, Single Famiiy) Zones to the CL (Commercial, Lfmfted) Zone. 2. That General Plan pmendment No. 343, as approved by the Planning Commiss(on, recommends that the subject property be designated for General Commercial land uses. 3. That the proposed reclassffication of subJect property is necessary and/or desirabte for the orderly and proper development of the community. CR28i7DM.WP '~" P~~$ .,y ~ 4. That the proposed reclass'rfication of subject property does properly relate to the zones and their permitted uses locally established in ciose proximfry to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclass~ication of subJect property re.quires the dedication of abutt(ng streets in accordance with the Circulation Elemen4 of the General Plan, due tc the anticipated increase in traffic which wiii be generated by the ~ntensffication of land use. 6. That no one indfcated their presence a: aaid public hearing in opposition; and that no correspondence was received in opposition to subJect petition. ~ALIFOHNIA ENVIRONMENTAL QUALITY ACT FINDING: That the AnaFieim City Planning Commissio~ has rev(ewod the proposa~ to reclassify subJect property from the RS-A-43,000 (Residential/Agrfcultural) and RS-7200 (Residential, Single Famfly) Zunes to the CL (Commercial, Limited) Zone on an irregularly-shaped, 0.98 acre parcel located at the southeast comer of Ball Road and Harbor Boulevard, having approximate frontages of 1 E35 feet on the south side of Bail Road and 285 feet o foveethe side of Harbor Boulevard, and further doscribed as 520 West Ball Road; and does hereby app Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and thet it has constdered the NegatNe Declaration together with any comments received during the pubiic review process and further finding on the basis of the initial study artd any comments receNed that there is no substantiai evidence that the proJect will have a signHicant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commissfon does hereby approve the subject Petftion for Reclassffication to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described propercy from the RS-A-43,000 (Residentfal/Agricuitural) and RS-7240 (Residential, Single Family) Zones and to incorporate said described property into the Ce e~uis e to theu oftosed useuo~subJect'Ip oiperty in orderWO ~p eserve the safety and be a necessary p q p p general weifare of the Citizens of the Ciry of Anahe(m: 1. That the legal owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim an easement, fifty three (53) feet (n width from the centerline of the street, along Ball Road for street widening purposes and a corner cutoff easement at the corner of Ball Road and Palm Street and at the corner of Ball Road and Harbor Boulevard. 2. That the owner of the subject property shalt submft a letter requesting termination af Variance Nos. 228 (to operate a real estate office), 301 (to construct a motel) and 772 (to erect a service statfon), and Condftlonal Use Permft No• 718 (to permft an existing service station wfthin 75 feet of an R-1 Zone and wfthin 75 feet of a structure in the R-A Zone) to the Zoning Division. 3. That completion of these reclassffication proceedings is contingent upon adoption of General Plan Amendment No. 343 by the City Council. 4. That a ntaininnaa le'galydescriptian ofs ub eict p operty, ~incl diDngi a map oi thetpropertyvesting uf tftle and co 9 5. That prior to placement of an ordinance rezoning subject property on an agenda fo~ City Council consideration, Condit(on Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The Ciry Council may approve or disapprove a zoning ordfnance at fts discretion. If the ord(nance is d~sapproved, the procedure set forth in Anaheim fulunicipal Code Section 18.03.085 stiall apply. The provisions or rights granted by this resolution shall become nuil and void by action of the Planning Commisslon unless said conditions are complied wfth wfthin one (1) year from the dato of :his resolu[fon, or such further time as the Planning Commission may grant. -2- PC97-8 ~ ~ 6. That approval of this applicat(on constftu[es approval of the proposec request only to the extent ~ihat ft complies with the Anaheim Municipal Zoning Code and any other appl(cabie City, State and Federal regulations. Approval does not fnclude any actfon or findings as to c~mpliance or approval of the request regardtng any othsr appiicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the Anaheim City Planning Commission dces hereby 8nd and determine that adoption of this Resolution is expressly pr2dfcated upon applicanYs compliance wfth each and all of the condftions herefnabove set forth. Should any such cond(tions, or any part thereaf, be declared i~valid or unenforceable by the final judgment of any court of competent Jurisdictfon, then thfs Resolution, and any approvals here(n contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a comm~tment by the C'ity to rezone, the subJ~ct propeny; any such rezoning shall require an ordlnance of the Cfty Council which shall bs a legislative act which may be approved or denied by the Ciry Counc(I at its sole discretion. THE FOREG9ING RESOLUTION was adopted at the PI ng Commission meeting of February 3, 1397 CHAIRPERSON, ANAHEIM ITY PLANNING COMMISSION ATTEST: ~ SECRETARY, A AHEIM CITY PLANNING COMMISSION ~TATE OF CALIFORNIA ) COUNT`! OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim C'dy Planning Commission, do hereby certiEy that the foregoing resolution was passed and adopted at a meet(ng of the Anaheim Ciry Plannfng Commission held o~ F~bruary 3, 1997, by the followiny vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONE9S: NONE IN WITNESS WHEREOF, I have horeunto set my hand this vJ~ day of ~V,1 ,A.~- 1997. SECR Y, ANAHi~IM CITY PLANNING Cf~MMISStON -3- PC97-8