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Resolution-PC 98-46RESOLUTION NO. PC98-46 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 97-98-16 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 Caiifornia, described as follows: PARCEL 2, AS SHOWN ON THE PLAT ATiACHED TO LOT LINE ADJUSTMENT NO. 97 RECORDED MAY 16, 1994 AS INSTRUMENT NO. 94-0335958 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a p~blic hearing at the Civic Center in the City of Anaheim on March 30, 1998 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 behaif, and after due consideration of all evidence and reports offered at said hearing, does find and determine the fo~lowing facts: 1. That the Anaheim General Plan Land Use Element, as recommended for amendment hy the Planning Commission under General Plan Amendment No. 356, designates this property for General Industriai land uses, consistent with the proposed reclass?fication and development. 2. That the property is located in the River Valley Redevelopment Project Area; and that this proposal will comply with the goals of said redeveiopment area subject to final site and landscape plan review and approvals before any buildir.g permits are issued. 3. That thz pelitioner proposes reclassification of subject property from the CC(Sc) (Commerci~l, Limited - Scenic Corridor Overlay) Zone to the ML(SC) Limited Industrial - Scenic Cor~ll~or Overlay) Zone. 4. "fhat the proposed reclassification of subject property is necessary ar-'.i/or desirab~e for the orderly and proper development of lhe community. 5. That the proposed reclassification of subject property does properly relate to •trs~ 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the from the CL(SC) (Commercial, Limited - Scen(c Corridor Overlay) Zone to the ML(SC) (Limited Industrial - Scenic Corridor Overlay) Zone on a 21.6-acre parcel having frontage of 45 feet on lho v~est side of Pullman Street and a maximum depth of 2,265 feet, and being Iocated 38 feet west of lhe centerline of Crystal Drive (8015, 8025, 8030, 8035, 8045, 8050, 8055, 8065, 8080, 8085 and 8095 East Crystal Drive); and does hereby approve the Negative Declaration upon finding that the declaration reFlects the independent judgement 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 preject will have a significant effect on the environment. CR3222PL.DOC -1- PC98-46 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissian does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipa! Code to exclude the above-described property from the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) Zone and to incorporate said described property into the ML(SC) (Limited Industrial - Scenic Corridor Overlay) ~one upon the foi~owing 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 weifare of the Citizens of lhe City of Anaheim: 1. That compietion of these reclassification proceedings is contingent upon adoption of General Plan Amendment No. 356 by the City Council. 2. That a preliminary title report shall be fumished to the Zoning Division showing the legal vesting of title, a legai description and containing a map of the property. 3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1 and 2, above-mentioned, shall 5e 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 Municipal Code Section 18.03.085 shali 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 Piannir.c~ Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent tha; it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or flndings as to compliance or approval of the request regarding any other appiicabie ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resoiutlon is expressly predicated upon applicanNs compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invaiid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shali 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 rezono, 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 Councii at its sole discretion. THE FOREGOING RESOLUTION was adopte~ at the Planning Commission meeting of March 30, 1998 (~ CGG~° '~ ~~zr7 C.rt.r o CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~ ' ~~ StcRETARY, AN~4IEIM CITY PLANNING COMMISSION -2- PC98-46 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing rssolution was passed and adopted at a meeting of the Anaheim Ciry Pianning Commission held on March 30, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 1998. ~ ',~~n • l~~ SECRETARY, A~J}4HEIM CITY PLANNING COMMISSION -3- PC98-46