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Resolution-PC 2007-6• ~ RESOLUTION NO. PC2007=6 ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION THATPETITION FOR RECLASSIFICATION NO. 2006-00180 BE GRANTED (606 EAST ORANGEWOOD 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 foflows: PARCEL 1: THE EAST 85 FEET OF THE NORTH 200 FEET OF LOT(S) FOURTEEN OF ORANGEWOOD TRACT, JN THE CITY OF ANAHEfM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 7 PAGE(S) 42 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE NORTH LINE OF SAID LOT FOURTEEN BEING THE SOUTH LINE OF ORANGEWOOD AVENUE, AS SHOWN_ON SAID MAP, 40 FEET WIDE. PARCEL 2: AN UNDIVIDED 1/70TH INTEREST IN AND TO THAT PORTION OF LOT FOURTEEN OF ORANGEWOOD TRACT, AS SHOWN ON MAP RECORDED IN BOOK 7 PAGE(S) 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POIN~ IN SAID LOT 145 FEET WESTERLY AND 237.5 FEET SOU7HERLY ' FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID LOT, 60 FEET; THENCE WESTERLY, PARALLEL TO THE NORTH LINE OF SAID tOT, 25 FEET; THENCE NORTHERLY, PARALLEL TO SAID EAST LINE OF SAID LOT, 60 FEET; THENCE EASTERLY, PARALLEL TO THE NORTH LINE OF SAID LOT, 25 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 8, 2007, 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 a11 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 T(Transition) zone to the RS-4 (Single-Family Residential) zone 2. That the Anaheim General Plan designates this property for Low Medium Density Residential land uses. The RS-4 zone is a typical implementation zone for this land 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 no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CR\PC2007-6 -1- PC2007-6 i • 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 substanfial evidence that the project will have a significant effect on the environment. , NOW, THERE~ORE, 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 T(Transition) Zone and to incorporate said described property into the RS-4 (Single-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 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 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 18.60.140 shall apply. The provisions or rights granted,by this resolution shall become null and void by action of the Planning Commission unless said conditions are' complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. 4. 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 shaR be a legislative act, which may be approved or denied by the City Counci{ at its sole discretion. BE IT FURTHER RESOLVED that the Anaheim P(anning 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 al1 charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -2- PC2007-6 ~ • 7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 8, 2007. Said reso{ution is subject to the appeai provisions set f h in C pter 18.60 `Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and m r d 'ty Council Resolution in the event of an appeal. , CHAIRMAN, A IM PLANNING COMMISSION A7TEST: /~~2e~.~o ~~:~..r~-- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COtlNTY OF ORANGE ) ss. CITY OF ANAHEIM ) l, Eleanor Morris, Senior Secretary af 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 January 8, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES lN WITNESS WHEREOF, I have hereunto set my hand this o2 3r d day of o.~ u a.r~~, 2007. ~ ~~~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION , -3- PC2007-6