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Resolution-PC 2011-090RESOLUTION NO. PC2011 -090 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2011 -00245 (DEV2011- 00083) (SOUTHEAST CORNER OF CARL KARCHER WAY AND HOMER STREET AND NORTHEAST CORNER OF LA PALMA PARK WAY AND HOMER STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Reclassification, designated as Reclassification No. 2011- 00245, for that certain real properties located at the southeast comer of Carl Karcher Way and Horner Street, and the northeast corner of La Palma Park Way and Homer Street, in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, these properties are vacant and are located in the RM -4 (Multiple Family Residential) Zone and the Anaheim General Plan designates these properties for Parks land uses; and WHEREAS, the applicant requests to rezone the properties from the RM -4 (Multiple Family Residential) Zone to the PR (Public Recreation) Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 21, 2011 at 5:00 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 "Procedures ", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the subject properties from the RM -4 (Multiple Family Residential) Zone to the PR (Public Recreation) Zone is consistent with the property's existing Parks General plan land use designation. 2. The proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community and is compatible with the properties to the north which are designated for General Commercial land uses and zoned General Commercial (C -G); property to the west across Homer Street which is designated for Parks land uses and zoned PR (Public Recreation); property to the south across La Palma Parkway which is designated for Parks land uses and zoned Transition (T); and properties to the east which are designated for Parks land uses and zoned C -G, T, and RM -4. - 1 - PC2011 -090 3. The proposed reclassification of subject properties does properly relate to the 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. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment 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 project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Planning Commission does hereby unconditionally approve Reclassification No. 2011 -00245 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the subject property into the PR (Public Recreation) Zone. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 21, 2011. ATTEST: CHA AHEIM CITY PLANNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2011 -090 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 21, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 PC2011 -090 APN: 267- 132 -01 267 - 132 -05 IND ffT °°A" DEN NO. 2011-OOO 3 W CARL KARCHER WAY 4 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -090