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Resolution-PC 2007-121. • RESOLUTION NO. PC2007-121 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00202 BE GRANTED (NO ADDRESS) 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 a portion of the property located south of the Riverside Freeway (SR-91), north of Santa Ana Canyon Road, west of Solomon Drive, and east of Via Cortez) and further described as follows: An irregularly-shaped approximately 1.85-acre area situated in the County of Orange, State of California, as shown in Attachment No. 1 attached hereto and incorporated herein by this reference as if set forth in full; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 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 all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the subject property, which comprises approximately 1.85 acres, is currently vacant and is contiguous to an existing automobile dealership in the City of Anaheim. 2. That the proposed reclassification of the subject property to the C-G(SC) (General Commercial, Scenic Corridor Overlay) zone is consistent with the zoning on the contiguous property currently occupied with an automobile dealership, and is an appropriate implementation zone for the proposed General Commercial land use designation of the Anaheim General Plan proposed for this site. 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 because it is consistent with the proposed land use of the subject property. 5. That 2 people indicated their presence at said public hearing and spoke with concerns on lighting; and that no correspondence was received in opposition to subject petition. - 1 - PC2007-121 ~ ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the subject property to the General Commercial, Scenic Corridar Overlay (GG(SC)) zone and does hereby approve the Mitigated Negative Declaration and associated Mitigation Monitoring Plan No. 148 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 Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to incorporate said described property into the General Commercial, Scenic Corridor Overlay (C-G(SC))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 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. BE IT FURTHER RESOLVED, that this reclassification shall not become effective unless and until Resolution No. 2007-120 relating to General Plan Amendment No. 2007-00457 is approved and adopted by the City Council of the City of Anaheim. 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 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~~ ; ~, / ~ //9 ,~f ;~~ ~ ~ e ~~ ~ CHA Al~, ANAHEIM ~?~NN1NG COMMISSION - 2 - PC2007-121 • • ATTEST: SENIO~t'SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 15, 2007, by the following vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, VELASQUEZ NOES: COMMISSIONERS: EASTMAN, ROMERO ABSENT: COMMISSIONERS: NONE r~, IN WITNESS WHEREOF, I have hereunto set my hand this 1(1'~ day of V ~ 1L/ , 2007. 0~ ~ ' w SE ~R SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2007-121