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Resolution-PC 2003-158• RESOLUTION NO. PC2003-158 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2003-00112 (AREA 3) BE GRANTED UNCONDITIONALLY WHEREAS, on October 6, 2003 the Anaheim City Planning Commission did initiate this petition fo~ Reclassification on behalf of the Anaheim Colony Neighborhood Council for reclassification of certain real properties located in the "5 Points Neighborhood" bounded by Lincoln Avenue on the north, West Street on the east, Broadway on the south, and the I-5/Santa Ana Freeway and Cherry Street on the west, and situated in the City of Anaheim, County of Orange, State of California, and described as Areas 1, 2 and 3 as shown on Exhibit A attached hereto and labeled "Reclassification No. 2003-00112"; and WHEREAS, the proposed reclassification consists of the following: Area 1: CG (Commercial, General) Zone to the RS-5000 (Residentiat, Single-Family) or a less intense single-family residential zone; Area 2: RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single-Family) or a less intense single-family residential zone; Area 3: CG (Commerciai, General), PD-C (Parking District - Commercial), RM-2400 (Residential, Multiple- Family) and RM-1200 (Residential, Multiple-Family) Zones to the RS-7200 (Residential, Single- - Famify} or a less in~~ns~ sir~gte-farrr~ilyr~sidentiat zone~ and - - - W HEREAS, in order to ensure that zoning actions which grant a reduction of density on residentially zoned properties are consistent with the City's General Plan, including the Housing Element as approved by the California Department of Housing and Community Development, the Planning Commission utilizes the methodology set forth in Government Code Section 65863, although it is believed that said section is not applicable to Anaheim as a charter city; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 2003 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 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 "5 Points Neighborhood" is developed primarily with single-family dwellings including some second units and granny units (which may or may not conform with Code regulations), and some multiple-family units and vacant parcels. 2. That the Anaheim General Plan designates the properties within Area 3 for Medium Density Residential Land Use; and that the proposed RS-7200 zoning is consistent with the density range for said land use designation. 3. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. CR\PC2003-158.doc -1- PC2003-158 Attachment: Exhibit A • • WHEREAS, six people spoke in favor of the subject proposal at the public hearing, and a petition containing 38 signatures favoring the proposal was received during the meeting and three letters were received in support of the request. WHEREAS, two people indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. WHEREAS, the Planning Commission did separately act upon this Reclassification as it pertains to Area 1 and, by its Resolution No. PC2003-156, did approve said Reclassification to rezone said properties from the CG (Commercial, General) Zone to the RS-5000 (Residential, Single-Family) Zone, including the imposition of certain conditions of approval. WHEREAS, the Planning Commission did separately act upon this Reclassification as it pertains to Area 2 and, by its Resolution No. PC2003-157, did approve said Reclassification to rezone said properties from the RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single-Family) Zone, unconditionally. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal to reclassify subject properties identified as Areas 1, 2 and 3 on the location map attached to the Staff Report to the Planning Commission dated November 17, 2003 and consisting of approximately 12.5 acres within a larger area known as the "5 Points Neighborhood" located between Lincoln Avenue and Broadway, and bordered by the I-5/Santa Ana Freeway and Cherry Street on the west and by West Street on the east; and that Area 1, more specifically described as 1.3 acres located between Lincoln Avenue and Center Street and having a fronfage ofi 340 f~~t ~r~ tP~~ r~~rth s~de of C~nter ~treet and beirrg tocated ap{~roximately 535 feet west of the - centerline of West Street, is proposed to be rezoned from the CG (Commercial, General) Zone to the RS- 5000 (Residential, Single-Family) or a less intense single-family residential zone; and that Area 2, more specifically described as 0.7 acres located at the northwest corner of Broadway and Walnut Street and having a frontage of 245 feet on the west side of Walnut Street and a maximum depth of 175 feet, is proposed to be rezoned from the RM-2400 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single-Family) or a less intense single-family residential zone; and that Area 3, more specifically described as 10.5 acres located between Center Street on the north, West Street on the east, Broadway on the south, and Cherry Street and the I-5/Santa Ana Freeway on the west, is proposed to be rezoned from the CG (Commercial, General), PD-C (Parking District - Commercial), RM-2400 (Residential, Multiple-Family) and RM-1200 (Residential, Multiple-Family) Zones to the RS-7200 (Residential, Single-Family) or a less intense single-family residential zone; and that subject properties are further described as 1101 to 1145 West Broadway, 1100 to 1224 West Center Street, 1207 to 1229 West Center Street, 114 to 122 South Cherry Street, 1114 to 1132 West Chestnut Street, 1115 to 1133 West Chestnut Street, 1200 to 1229 West Lincoln Avenue, 110 to 214 South Walnut Street, 115 to 213 South Walnut Street, and 115 to 215 South West Street; and that the Anaheim City Planning Commission 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 as it pertains to Area 3 to authorize an amendment to the Zoning Map of the City of Anaheim to exclude the above-described properties from the CG (Commercial, General), PD-C (Parking District - Commercial), RM-2400 (Residential, Multiple-Family) and RM-1200 (Residential, Multiple-Family) Zones and to incorporate said described properties into the RS-7200 (Residential, Single-Family) Zone, unconditionally. -2- PC2003-158 ~ # BE IT FURTHER RESOLVED that any new multiple-family residential project in Area 3 which has received a valid building permit or which is in plan check in the Building Division as of 5 p.m. on November 17, 2003, shall be permitted provided that said project is in compliance with all applicable existing multiple-family residential development standards, and further provided that: (i) for any project that received a valid building permit as of 5 p.m. on November 17, 2003, construction shall have commenced and shall be completed within a period of three hundred sixty five (365) days from the date the building permit was issued, unless said time period is duly extended by the Building Official; and (ii) for any project that is in plan check as of 5 p.m. on November 17, 2003, a valid building permit shall have been obtained within a period of one hundred eighty (180) days from the date of this Resolution and construction shall have commenced and shall be completed within a period of three hundred sixty five (365) days from the date the building permit is issued, unless said time period is duly extended by the Building Official. BE IT FURTHER RESOLVED 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 this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject properties; 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 th Planning Commission meeting of November 17, 2003. CH IRPERSON, ANAHEIM CITY PLANNING COMMISSION ATT SENIOR S~RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 November 17, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~p~~y~~PJi , 2003. ~ ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-158