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Resolution-PC 2004-70' ~ ~ RESOLUTION NO. PC2004-70 ARESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00123 BE GRANTED (135 SOUTH DALE AVENUE) - WHEREAS, the Anaheim C(ty 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 foliows: THE SOUTH 148 FEET OF THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30 ACRES OF' THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 14, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required byJaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider"evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the July 12, 2004 Planning Commission meetings; and : WHEREAS, said Commission, after due inspecfion,, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered af said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the T' (Transitional) Zone to the RM-3 (Multiple-Family Residential) zone or less intense zone. 2. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 3. 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 generally established throughout the community. , 4. That the City Council by its Resolution No. 2004R-95 did update the Anaheim General Plan including the Land Use Element changing the land use designation for the property from Medium Density Residential to Corridor Residential; and that said Resolution contains a provision allowing projects that require' zoning entitlements for which a complete development application has been received by 5 p.m. on July 8, 2004, to proceed utilizing the prior land use designation for the property provided that such entitlement is approved by the Planning Commission and a building permit issued and construction commenced and completed within 365 days unless said time limit is extended by the Chief Building Official; and that a complete development application for this project was received on May 7, 2004. 5. 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 this property from the T zone to the RM-3 (Multiple-Family, Residential) or less intense zone 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. CR\PC2004-070 -1- PC2004-70 ~ ~ NOW, THEREFORE, BEIT 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 T Zone and to incorporate said described property into the RM-3 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 ofithe Citizens of the City of Anaheim: 1. ' 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 the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice or prior to issuance of a building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of required permits or the revocation of this entitlement. 3. 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 fromthe date of this resolution, or such further time as the Planning Commission may grant. 4. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 12, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL . AIRPERSO , ANAHEIM CITY PLAN ING COMMISSION ATTE T: S NIO SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- ' PC2004-70 ~ ~ I, Pat Chandler, Senior 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 July 12, 2004, by#he following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT; COMMISSIONERS: BUFFA VACANT: COMMISSIONERS: ONE SEAT IN WITNESS WHEREOF; I have hereunto set my hand this ~~ day of , 2004. ' S NIOR S ETARY, ANAHEIM CITYPLANNING COMMISSION '