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Resolution-PC 99-153RESOLUTION NO. PC99-153 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PE'I'ITION FOR RECLASSIFICATION NO. 99-00-05 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification for rea! property situated in the City of Anaheim, County of Orange, State of Califomia, described as foilows: PARCEL 1: THE NORTH 150.00 FEET OF THE WEST 100.00 FEET OF THE EAST 350.00 FEET OF THE SOUTH 500.00 FEET OF THE SOUTHWET QUARTER OF THE SOUTHWEST QUARTAER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHC LOS CCYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUDS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THE EAST 100 FEET OF THE SOUTH 500 FEET OF THE SOUTH HALF OF 7HE SOUTHWEST QUkRTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M. EXCEPTING THEREFROM THE SOUTH 350 FEET THEREOF. THE NORTH 150 FEET TO THE SC~UTH 500 FEET OF THE WEST 150 FEET OF THE EAST 250 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOi1TH, RANGE 11 WEST, S.B.B. & M. PARCEL 4: THE WEST 150 FEET OF THE EAST 250 OF THE SOUTH 500 FEET OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE NORTH 150 FEET THEREOF. WHEREAS, the City ~lanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 16, 1999 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 ~ecommendations 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 ali evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the aetitioner proposes reclassification of subJect property from the CL(MHP) (Commerciai, Limited - Mobile Home Park Overiay) and RS-A-43,000(MHP) (ResidentiallAgricultural - Mobile Home Park Overlay) Zones to the CL (Commercial, L(mited) and RS-A-03,000 . (Residential/Agriculturai) Zones. CR3725PK.DOC -1- Pi.99-153 2. That the Anaheim General Plan desfgnates subject property for General Commercial land uses; and that the property is located in the West Anaheim Commercial ~orridors Redevelopment Project Area and Community Planning Area No. 3(West Anaheim Planning Area). 3. That the proposed reclassification of subject property is necessary andlor desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally estabtished in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed change of land use will not have an adverss affect upon the goals and policies for preservation of housing within the City of Anaheim as set forth in the Housing Element of the Anaheim Genera! Plan. 6. That the proposed change of use is necessitated by the underlying site conditions which pose a threat to the life, health, safety or general welfare of the mobile home park residents. 7. That the proposed change of use is necessitated by circumstances beyond the reasonable control of the owner of the property. 8. That denfal of this reclassification would deprive the owners ot all reasonable or economicaily viable use of the property in that the mobile home park owner indi~ates that up to 56% of the 30 mobiie home owners have already vacated or are pursuing opportunities to vacate the mobile home park; and that in order to mitigate the impact of the remaining displaced residents, the park owner has agreed to pay the actual cost of moving the residents' mobile homes within a 125 mile radius, provide an allowance for lodging during the move, provide an allowance for a new shed if required, and provide an allowance for lot improvementQ at the new sp~@ if required by the park to which thQ mobile home is relocated as required tlh ~o~g ~ection ~,~8~ 1~3:5~.oso.040 of the Anaheim Municipal Code. 9. 7ha¢ cthirs rec{~`s~il~feaNon f~ reqUired ti~y public necessity and convenience and the general wel~lsre:, tt~ TtJ~~ no ane ind~cataed Ut~if preseM~@,~~ the ~ablic hearing in opposition to the proposal; and that 110 o'~(~espond~TiEg wa;1~,RiV@d i(16'pposition. w~^..,u~'~~RNIA.'~M, - ONM ~~ T L IiALITY ACT FINDING: That the Anaheim City Planning Com~{a~~ t@Vi~a;r d t14~ p(E.~79sa1 to reclassify subject property from the CL(MHP) (Commercial, 6irr~teAa - q~n8ob~~e ~fqm,e ~rk averlay) and RS-A-43,000(MHP) (ResidentiaUAgriculturai - ~N1obT~ Horne P~tk; Qkf'eNlay~) ~i~~ to thg eL (Commercial, Limited) and RS-A-43,000 QResldentiallAg~icultwraq Zones on a irre~~ilariy-shaped, 2.3-acre properly having a frontage of 250 feet flfl ~1~' ~~Kh ~ide of LincmlR 31'vi~~~ae, a mtlkimum depth of 460 feet and being located 1,070 feet east of th~ cen(~;~jne of lfhott Sereet, ~fiJ further described as 3345 West Lincoln Avenue (Lazy Living Mobila Home R~arK); a~~ does hereby approve the Negative Declaration upon finding that the declaration reflects the independ~nt judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public revfew process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Plann(ng 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 CL{MHP) (Commercial, L(mited - Mobile Home Park Overlay) and RS-A-43,000(MHP) (R~sidentiaVAgricultural - Mobile Home Park Overlay) Zones and to incorporate said described property (nto the CL (Commercial, CR3725PK.DOC -2- PC99-153 Lim:ted) and RS-A-03,000 {ResidenGal/Agrlcuitural) Zones upon the foltowing condi6ons which are hereby found to be a necessary prerequis~te 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 the mobile home park owr.ar shail provide each mobile home owner the reasonable relocatlon benefits identified in the Conversion Impact Report submitted by the property owner and dated June 1999. 2. That the property owner shall submit a letter to the Zoning Division requesting terminaUon of Conditional Use Permit No. 527 (to establish a trailer park) and Conditional Use Permit No.1037 (to expand an existing mobile home park). 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 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 Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shail 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 resolu8on, or such further tlme as the Planning Commission may grant. 4. That approval of this applfcation constitutes approval of the proposed request only to the extent that ft complies with the Mahe(m Municipal Zonfng 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 appiicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the Anaheim City Planning Commiss(on does hereby find and determine that adoption of this Resolution is expressiy predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Shou!d 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, 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 rezone, the subject property; any such rezoning shall require an ordfnance 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 meeUng of August 16, 1999. ~ ~ (iCc.t/ /~ ~~:GiGtc,/ CHAIRP RSON, ANAHEIM CI PLANNING COMMISSION A'ITEST: . .duKJ SECRETARY, A HEIM CITY PLANNING COMMISSION CR3725PK.DOC -3- PC98-153 "1 STAT~ OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Maheim City Pianning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the A.~aheim City Planning Commission held on A~gust 16, 199q, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSIWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: CONIMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPING ITNESS WHEREOF, ! have hereunto set my hand this ~/"~ day of 1999. /2~P..~~c~~Cfd.) ~o/~ SECRETARY, NAHEIM CITY PLANNING COMAAISSION CR3725PK.DOC -4- PC99-153