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Resolution-PC 97-13~ ~r RE50LUTION NO. PC97-13 A RESOLUTION OF THE ANAHEIM CITY PLANIdING COMMISSION THAT PETITlON FOR RECLASSIFIGITION NO. 96-97-10 BE GRAM'ED WHEREAS, the Anaheim Cfty Planning Commission did receNe a vertfled petftion for Rec!assification for reai property situated tn the City of Anaheim, County of Orange, State of Califomfa, described as fdlows: LOTS 19, 20, 21 AND 22 I!J BLOCK C OF THE CENTER TRACT IN THE CITY OF ANAHEIM, STATE OF CALJFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 14, PHGE 13, OF MISCEW4NEOUS RECORDS OF LOS ANGELES COUNTY. WHEREAS, the Ciry Plannir~g Commission did hold a publ~ hearin{~ at the Cfvk Center in th~ Liry of Ai~aheim on February 3,1997 at 1:30 p•m•, not~e of sald PubUc hearin9 havi~9 be~n duly flh~en as roquired by law and (n accordanc;e wfth the provisi~x~s of the Anaheim Mun~fpal Code, Chapter t8.03, to hea~r and constdar evkJence tor and against satd proposed redasstflCatfon a~J to irnestigata arxJ make flndinQs and recommendatfons in connection therswfth; and that .aki pubi~ hea~ing was continued t~ ihe February 19, 1997 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, irnestigation and study made by itself and !n Rs behalf, ar-d after due consideration of all evidence and reports offered at sald hearing, does flnd and determine the fdlowing facts: 1. That the petitioner proposes redass~icatfon of subject property (Portion B, on the west side of OINe Street) ftom the RM-1200 (Resfdential, Multiple-Famiiy) zone tn the RM-2400 (Res(dential, Multi~le- Family) cr a less intense zone. _ 2. That the A~-~aheim General Plan designaYes sublect o!opery fu~ Med(um Densfry Residential land uses (up t,o 36 units ~r gross acre); ancJ thai the proposed condominium project, developed to RM- 240U standards, conforms with the General Plan designation. 3. That ihe proposed redass~ication of subJect property (s necessary and/or desirable for the orde~ly and proper dovelopment of the community. 4. That the proposed reclassificaUon of subJect property does properly relate to the zones and their permitted uses locally established in dose proximity to subJect properry and to the zones :~rxi their pemittted uses generally established ihroughout the communiry. 5. That no one indicated their presence at said publ(c hea~in9 in opposftion~ and that no correspondence was received fn opposit(on to subject petiUon. CR2855DM.wp -1- PC97-13 ~ ~ GA~IFORNIA Eh"lIRONMENTAL QUALlTY ACT FlNDING: That the Mahefm C!ty Planning Commisslon has reviewed dre ProPosa~ to redassf(y subject praperty (Port(o~ B, on the west side of OINe Street) ftom the RM-1200 (Residentlal, M~tttfpfe-Fampy) zone to the RM-~400 (Re~identlal~ Mult~pie'Famfly) or a less intense zone, to construct an 11-unft 2-story attached condominlum residential devel~bment e h waivers of minimum structural setback arxl maximum strudural height o~ sublect PPOpenY (~' ~ a tent~tNe another nearby property located on the east slde of Olive Street (Portion A)~ a~d f°r aP ~~n9 ~ Portion A traci map to permR a 2-lot, 11-unft air-apace condomintum subdNision a~ (xuperry ~aPProximatdy 0.36 acre having an approximate froMage d 193 feet on the east skle of OINe Street and a maximum depth of approximately 142 feet, being located approxlmately 300 feet north of BroadwaY, and fu~ther desc~ibed as 728 and 202 South OINe Street) and PorNon B(ePProximately 0.57 acre having an approximate ftontage o# 170 feet on the west side of Olive Screet and a maxlmum depth of approx(mately 155 feet, befng iocated approximately 155 feet north uf Broadway, and further described as 203~ 209~ 2~~ and 215 South OINe Street); and does hereby approve the NegaWe DedaraUon upon flnding that the declaration reflects the independent Judgement of the lead agency and that ft has consklered the NegatNe Declaration together wkh any comments received d~ring the puWic revfew process and further flnding on the basis of the Inftial study and any comments received that there is no substantial evidence that the project ~uill have a signfficant effect on the emrironmerrt. NOW, THEREFORE, DE IY RESOLVED that the Anahe~m CftY Pfanning Commissiori does hereby approve the subJect PettUon for Redass~icat(on to suthorize an amendmaM to the Zoning Map of the Anaheim Municipal Code to exdude the above-desc~ibed PropenY ~PO~O~ B) ft°m the RM-1200 (Aesidential, Multiple-FamAy) Zone and to incorporate sa(d desc~ibed pruPertY ~Mo the RM-2400 (Reskiential, Multiple-Family) Zone upon the fdlovaing cond~lons which are hereby found t~ be a necessary prerequisfte to the proposed use of subject property in order t~ preserve the safery and general wetfare of rhe Citizens of the City of Anaheim: 1. That the owner of the subjecc property shail submit a letter requesting tArmination of Variance No. 3597 (waNer of max~mum structural height, maximum lot coverage, minimum recreational leisure area, minimum area of private tecreational leisure areas, and minimum width of pedesMan eccesswaYs to construct a 4unft apartment buUding) to the Zontng Dfvision. 2. Thai p~lor to placemeM of an ordinance rezoning subject properry o~ an agenda for City CouncA consideratfon, Condftion 1, above-mentioned, shall be completed• 'ihe CRY Counc~ may approve or dfsapprove a zoning oMinancs at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipai Code Section 18.03.085 shall apply. The provistons or rigMs granted by this resolucion shall become null and void by action of the Plannfng Commission unless saki conditions are complied wfth, within one (1) year ftom the date of this resolution, or such further time as Yhe Planning Commission may grar~t• 3. That approval of this application constituces approval of the ProPosed request only to the exterrt that ft compiles with tfie Anaheim Munlcipal Zoning Code and any other appUcaWe Ciry, State and Federal regulations. Approval doex not Indude any action or flndings as to compliance or aPProval of the reGuesc regarding any other applicable ordinance, regulation or requiremer~t. B~ IT FURTHER RESOLVED that the Anaheim City Planning Commission does hersby flnd and determine that adoptfon of this Resolution fs exp~ess~y Pred~~-ted upon applicanYs compliance with each and all of the condftions hereinabove set forth. Should any such cnndkions, or any part thereof, be dedared invalid or unenfo~shere(n tcontainedu shai~ be deemed null a~ ~~ terrt ju~isdiction, then ?hfs Resolution, and any app _2_ PC97-13 . ~. V BE IT FURTHER RESOLVED, that this resolutton shali not constftute a razontng of, or a commftment by the Ciry to rezone, the subject property; any such ~~ ~o9d~ed by irthe Cft1~Ci•o~unc~ a the Ciry CouncG wh!ch shall be a legislative act which may be appr its sole discretbn. THE FOREGOING RESOLUTION was adopted a~ the Planning Commission meeting of February 19~ 1997 ~~ CHAIRPERSON, ANAHEIM ITY PLANNING COMMISSION ATTE T: }I i 7I / ~ ~f. ~~4~ w ~ rx~•~•- SECRET/~RY, ANAHEIM GITY PLANNING COMHAISSION STATE OF CALJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edfth L Harris, Secretary of the Anaheim Ciry Planning Commission, do hereby .enffy that the foregoing resolution was passed and adopted at a meetfng of the Anaheim City Plannfng Commission held on February 19, 1997, by the fdlowing vote of the membe~s thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PEFiA7~1 NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hareunto set my hand this _ I~ " day ~~-~ 1997. ~/U-'~G,. ~ / ~`''`~, SECRETARY, ANAHEIM CITY PLANNING COMMiSSION ~ PC97-13