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Resolution-PC 2001-47~ • RESOLUTION NO. PC2001-00047 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2001-00043 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 California, described as follows: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER (SE'/<) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, WHICH POINT IS ON THE NORTH LINE OF SOUTH STREET THIRTY (30) FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE %<) OF THE SOUTHWEST QUARTER (SW'/4) OF SAID SECTION 7; THENCE NORTH ALONG SAID WEST LINE THREE HUNDRED SEVENTY-FIVE (375) FEET; THENCE EAST PARALLEL WITH TH€ NORTH LINE OF SAID SOUTH STREET TO THE WEST LINE OF THE GARDEN GROVE STORM WATER DISTRICT; THENCE SOUTH 16 DEGREES 03' 30" WEST ALONG SAID WEST LINE OF SAID GARDEN GROVE STORM WATER DISTRICT TO ITS INTERSECTION WITH SAID NORTH LINE OF SAID SOUTH STREET; THENCE WEST TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center -- in the City o~ A~aheim on ApFil 23,- 2001 at 1:30 p.r~, -notice of said public hear-ing 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 behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-5000 (Residential, Single-Family) Zone. 2. That the Anaheim General Plan designates subject property for General Open Space land uses, but that the Planning Commission has recommended that City Council adopt General Plan Amendment No. 2001-00388 to amend the Land Use Element to redesignate this property Low-Medium Density Residential. 3. That the proposed reclassification of subject property is necessary and/or 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 est,ablished in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That two concerned people indicated their presence at the public hearing and that a petition containing 11 signatures was submitted at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR5069PK.doc -1- PC2001-47 • ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-5000 (Residentiaf, Single-Family) Zone on an irregularly-shaped 1.04-acre property having a frontage of 68 feet on the north side of South Street and a maximum depth of 375 feet, being located 130 feet east of the centerline of Westgate Drive, and further described as 2901 East South Street; and does hereby approve the Negative Declaration upon finding 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 evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning 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 RS-A-43,000 (Residential/Agricultural) Zone and to incorporate said described property into the RS-5000 (Residential, Single-Family) Zone upon the following 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 welfare of the Citizens of the City of Anaheim: 1. That approval of Reclassification No. 2001-00043 is contingent upon approval of General Plan Amendment No. 2001-00388 (to redesignate this property from the General Open Space land use designation to the Low-Medium Density Residential land use designation) by the City Council. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, 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 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 Planning Commission may grant. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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 applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should 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, shall 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 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. -2- PC2001-47 • THE FOREGOING RESOLUTION was April 23, 2001. ~ at the F~'fa]tining Commission meeting of CHAIRPER~C~'N, ANAHEIM CITY PLANNING COMMISSION ATTEST: 0 s-,~.o-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMflItISSIOfVERS: BOYQSTUPI - - _ IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of tr a,.s~ , 2001. --~ ~ s-P~e~,~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-47