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Resolution-PC 2002-123• • RESOLUTION NO. PC2002-123 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2002-00077 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: PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 65, PAGE 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 15, 2002 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 that the hearing was continued to the July 29, August 12 and August 26, 2002 Planning Commission meetings; 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) or a less infense zone.- - 2. That following public notification, the originally proposed rezoning of the mini market property at 1021 North Moraga Street from the CL (Commercial, Limited) Zone to the RS-5000 Zone was deleted from this Reclassification, and the description of the subject property was modified accordingly. 3. That the Anaheim General Plan designates subject property for Low Density Residential land uses; but that in conjunction with this Reclassification, the Planning Commission recommended that the City Council adopt General Plan Amendment No. 2002-00404 to amend the Land Use Element to designate subject property for Low-Medium Density Residential land uses. 4. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject property 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 ge~eraiiy estabiished throughout ttie corrimu~i#y. 6. That one person indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was ~eceived in opposition. 7. That one person spoke at the public hearing with concerns and suggestions regarding the proposal. 8. That six people spoke at the public hearing in favor of the proposal; that four other people, including representatives of the West Anaheim Neighborhood Development Council (WAND), spoke in favor of the proposal but with some concerns and suggestions; and that a letter was received from the Anaheim Chamber of Commerce in support of the proposal. CR5442DM.dm -1- PC2002-123 • • CALIFORNIA ENVIF20NMENTAL QUALlTY ACT FINDIfVG: 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 (Residential, Single-Family) or a less intense zone on a rectangularly-shaped 8.7-acre property located at the southeast corner of La Palma Avenue and Gilbert Street, having frontages of 635 feet on the south side of La Palma Avenue and 600 feet on the east side of Gilbert Sfreet, and further described as 950 North Gilbert Street and 2360 West La Palma Avenue (North Orange County Regional Occupation Center); and does hereby approve the Negative Declaration 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. 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: That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideratior~. Con_ dition No.. 1, above-mentioned,_ shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is ciisapproved, 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. 3. 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 applicant's 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 soie discretion. -2- PC2002-123 u ~ THE FOREGOlNG RESOLUTION was adopted at the Planning Commission meeting of August 26, 2002. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~,,~..,..~. ~ ~- SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 August 26, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDER8ILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO 1 IN WITNESS WHEREOF, I have hereunto set my hand this 9 T^~ day of - - - ~QoZi~,-~er, 2002. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2002-123