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Resolution-PC 2003-172. ~ RESOLUTION NO. PC2003-172 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2003-00113 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: PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 THRU 22, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 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 Municipaf 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. fihat the petitianer proposes rectassifTCat~on of subJeet property from-the RS=500U(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) Zone. 2. That the Anaheim General Plan designates subject property for Hillside Low-Medium Density Residential land uses, but that Resolution No. PC2003-171 was adopted by the Planning Commission currently with this reclassification to recommend that the City Council approve General Plan Amendment No. 2003-00415 to amend the Land Use Element of the General Plan to redesignate subject property to the General Commercial land use designation. 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 the zones and their permitted uses generally established throughout the community. 5. That three people spoke at the public hearing regarding the development proposal (one representing the Concerned Citizens of the Canyon). 6. That six people spoke at the public hearing in opposition to the proposal (one representing the Anaheim Hills Citizens' Coalition); that a petition with 661 signatures was received in opposition; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for reclassification from the RS-5000(SC) (Residential, Single-Family-Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, Limited-Scenic Corridor Overlay) Zone on an irregularly-shaped 5.7-acre property located on the south side of the SR- 91/Riverside Freeway at the northeast terminus of Via Cortez, having a frontage of 161 feet on the northeast terminus of Via Cortez and a maximum depth of 1,370 feet, and being located 837 feet north of the centerline of Santa Ana Canyon Road; and does hereby approve the Mitigated Negative Declaration, including the Mitigation Monitoring Plan No. 122 for the Caliber Motors Mercedes-Benz Sales Facility, CR\PC2003-172.doc -1- PC2003-172 • ~ upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated 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-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone and to incorporate said described property into the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) 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 approval of Reclassification No. 2003-00113 is contingent upon City Council approval of General Plan Amendment No. 2003-00415 (to redesignate this property from the Hillside Low- Medium Density Residential land use designation to the General Commercial land use designation). 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. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 (Effect of City Council's Failure to Adopt Rezoning Ordinance) shall apply. The provisions or rights granted by this Resolution shall become null and void by action of the Planning Commission unless said condition is complied with within one (1) year from the date of this Resolution, or such further time as the Planning Commission may grant. 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 aii of the conditions hereinabove set fo~th. Shouid any such condition~, or a~y aart 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~t the Planning Commission meeting of December 15, 2003. i'J ~ , ~ ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: , SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2003-172 • ~ I, Eleanor Morris, 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 Ciry Planning Commission held on December 15, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , er , 2003. r SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-172