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Resolution-PC 2006-111i ~ RESOLUTION NO. PC2006-111 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FORRECLASSIFICATION N0.2006-00187;,BE GRANTED (3319-3321 WEST LINCOLN AVENUE) . WHEREAS, the Anaheim 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 ~__, THE NORTH:300 FEET OF THE SOUTH 340:FEET OF THAT PORTION OF THE SOUTH ONE- ` HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP : RECORDED lN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE ' COUNTY:RECORDER OF SAID COUNTY 'WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2006, at 2:30 p.m., notice of said public hearing having been duly giverras required _ by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter`18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and'that said public hearing was continued from the November 13 and November 27, 2006, Planning Commission meefings; 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 applicant proposes reclassification of subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or less intense zone. 2. That the Anaheim General Plan designates this property and the properties to the north, south and east for Low-Medium Density Residential land uses. The RM-3 zone is a typical implementation zone for this land use designation and the proposed reclassification would resulf in an increase in the City's housing stock and would be consistent with the goals and policies contained in the Housing Element. 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 established in close proximity to subject property and to#he zones and their permitted uses generally established throughout the community. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposifion to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning ' Commission has reviewed the proposal; 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 fhat the project will have a significant effect on the environment. CR\PC2006-111 -1- PC2006-111 , ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 C-G (General Commercial) Zone and to incorporate said described property into the RM-3'(Multiple-Family Residential) 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 health and safety of the Cifizens of the'City of Anaheim: ` 1. Thatprior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services 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 consideration,'Condition No: 1, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. lf the ordinance is disapproved, the procedure set forth in Anaheim:Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this ' resolution shall become null and void by action of thePlanning'Commission unless said conditions are complied with within one (1) yearfrom the date of this resolution, or such further time as the Planning ` Commission may grant. 3; That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit Na 2006-05150 and Tentative Tract Map:`No: 17081. 4. That approval of this application constitutes approval of the proposed request only to the eztent 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 this resolution shall not constitute a rezoning of, or a commitmentby 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. BE IT FURTMER RESOLVED that the Anaheim 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 sef 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 1T FURTHER RESOLVED that the applicant is responsible forpaying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice orprior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures a m replaced by a City Council Resolution in the event of an appeaL . ~HAIRM , A AHEIM PLANNING CO ISSION ATTEST: / ~ ___ i:~-~~.,.,,,~--L.~.. /~~t9~'v~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2006-111 ;