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Resolution-PC 2006-63,~ ~ RESOLUTION NO: PC2006-63 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00175 BE GRANTEp (700 EAST SOUTH STREET) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for reai property situated in the City of Anaheim, County of Orange, State of California, described as'follows: '~`t~i~T ('E~R~'Ct~~ C~F C~~t~'"~t,~~ l~~l~77 #~~"H~l~ Lt"~~~~,~ 9~ TFEE Ci~°'f ~~ ~tN.+~1~~f~+J1, ~`4~~~7'`~' ~C~~?y~(~'k {7RtANG~/~, ~`~"F~'p~~`~~~[t~~ i~~~~Ly,t~t~~^yRp6~Ql,~~.+-/~~+~'~Sy ~tY~/~~~§'~tytfN~+ f~~y~&~ A '~~,P :C~~~ E~w~t~~pi.~~,r~'~~ry~~.~?~ ~Y ~ ~~k~p'Y~€(~~p~~+l~~g~x~7'.'L~~R~F :M»Iq'~i~~r~/"~~lry~ile~,3 ~~a~J1y1~~9'i~+ti.r'rwCt5t~ ff`4 4~~J{t?pPLt`~~/~p~p~~~j ~~tJIV~ 1 7 pip,~~ Fd~~~~py~~~~+y~~/ . ~ ~ . ~ ~ 3f4~F"140..~~'9~3 ~1C~~A.+.~E1~ Y CIC 4I~d-~Ls~ t~~ L T1G ~R.f~~~~`i ~~ cl~~'~VR4.+~Si ~~ ~/`t~6'[SJ~ ~~7./!Y i i + ~ ~ . ~ ~ . . Cr'~1.I~i)E~i'~I~,~ QN ~',A~+GE~ "~~~ A~3E? 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"~7~~ t~`+~`~~ ~?+~{~ ~~ ~'~~~~~ ~~~~+ ~~~ ~~ ~.,~}w~4 ~~~~~.~~ ~t~U~l~'Y~ CA,~3Ft3[~~1~~; l'H~4'~L~"~ SC~t.~Tl-~ 7A~°~~''+1V~S~" Ae~C~I~lG ~AIC} L~(~~ ~~3 ~t ~.CM~ [~1ST~N~' T~°E~~~~~ ~'~ Q.f~{~ ~EE`T ~RC~~ A~i€? ~',~i~A~L~i~ t~9tE~t~ l'k~~ ~t4t E~'~ ~.~~~ ~~ ~'Fi~ +~T~CHESG~t, TC)~~l~~ i41~~# SAI~iT~, F~ RAIL~J~++AY ~CCaI'~§f~A~~3Y'~w ~~ FC}~'C ~~ ~~P' t~~ L.Atrt~3 _ ~~~C&~IB~d ~~1 C~~~~ Tfl T~i~ Ci~~.EFt?RNi,~ C~i~TRAI. ~i~it~A'Y ~4~~A~3Y f~E~C~R~s~~ E'+~~E~~H ~~, 1~~~ f~J Bt~~$C. ~Q7~ PAG~ ~~~ C~fi i~~~~~, R~Gt~Ri7~ ~~ Lt~S fi~~~~~~~ G~E.~1~l3Y, ~ALt~C~Ft~f4a.; ~'~'{~~1C~ S4l,E~H~R€.Y ALO~G ~AtD P'~RA~~~L ~'.fN~ '~C? r'~ L~P+~I~ ~~~Tt~t~~' THEREF~t~ 6fit~.QCD F~E'T' ~f~aM AND AI~R~ILl.~L V~+'1Tk S~tli7 ~t~LJ'T'N LINE C~~'k~~ ~~7Rl~li~+~~L AI~A#-~Ei~tl~" TH~~1C~ EAS~T~~i.Y AL~7NG "~1~![3 LAST t+f1~~1Tfi7t'~~L~ P,~Ft.+~~LE~ LI~1~ 1'fT ~"NE S.~I~ RftC}I.~NGATION t~F THE ~E1~ITERL~NE t~F Oft~13~fG~ :rTf4~E~'. 'P~'~4~~CE h~fC3Ft~'~}~3~LY AL.C~NG S,~tD PR~}LONGATt~lt~t TC7 ~'4-!E PL'31~1T C3F BEGINhftiVC.~. E?tCEP'f' T}°iEREFRi~~'tilll~,NY PQRTI4N 4FTNE I~t2RTH ~1CYtN INCL!lf3~t} IN ~OU~'H ~"~R~~T, ALSC- ~?{C~i7"'t 71°~EREFfiC~iV1 ANY PQRYSC~PI I~~LUL)~t} 1fV{THRN T~~ SI~:ID ~~'GKCS4~l. T~P£KA 1~1N4 SAI~i'~'A ~E RAtl.~t'~!A'~C GUMPAt~EY'S LAND. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10; 2006, at 2:30 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 18.60 "Procedures", 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 applicant proposes reclassification of subject property from the I(Industrial) zone to the RM-4 (Multiple Family Residential) zone, or less intense zone. 2. That the Anaheim General Plan designates the property for Medium Density Residential land ' uses. 3. 7hat the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. CR\PC2006-63 -1- _ PC2006-63 • ~ 4. ` That theproposed 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 #heir permitted uses generally established throughout the community because it would result in a residential project that is consistent with the type of housing envisioned for the Downtown. 5. That no one indicated the'ir 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 Planning Commission has reviewed the proposaf to reclassify the subject property from the 1(Industrial) zone to the RM-4 (Multiple Family Residential) 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 pro}ect will have a significant,effect on the environment. 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 I(Industrial) zone and to incorporate said described property into the RM-4 (Multiple Family Residential) zone based 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: 1. That prior 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 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 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 FURTHER RESOLVED that the Anaheim 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 condition, 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior 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. -2- PC2006-63 . ~ _ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 10, 2006. SaidYesolution is subject to the appeal ptovisions set forth in Cha ter 18.60 `Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be repl a City Co cil Resolution in the event of an appeal. r ~ ~ .. . . ~ . ~ . . . . ~ ~~_ . . . . . CHAIRMA , AN EIM PLANNING COMMISSION ATTEST: ~~_~--- ~''~-~-~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) : COUNTY OF.ORANGE ) ss. CITY OF ANAHEIM - ) _ I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 10, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI !N WITNESS WHEREOF, I have hereunto set my hand this ~ day of U , 2006. ~~~~o~--- ~~2~ SENIOR SECRETARY, ANAHEtM PLANNING COMMISSION -3- PC2006-63