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Resolution-PC 97-62~ ~ RESOLUTION NO. PC97-62 A RESOLUTION OF THE ANAHEIM CITY PIANNING COMNfISSION THAT PETITION FOR RECLASSIFICHTION NO. 96-97-06 BE GRANTED WHEREAS, the Anaheim Ciry Planning Commission did receive a verified petition for Reclassification for real property situated in the Ciry of Anaheim, County of Orange, State of Calffomia, described as follows: PARCELS 1 AND 2 IN THE GITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BUOK 51, PP.GE 4 OF PARCEL MAPS, IN THE OFFICE IF THE COUNTY RECORDER OF ORANGE COUNTY, CAIJFURNIA. WHEREAS, the Ciry Planning Commis:ion did had a public hearing at the Civic Center in the C'ity of Anaheim on May 12, 1997 at 1:30 p.m., notice of said public hear(ng having been duly given as required by law and in accordance with the provislons of the Anaheim Municipal Code, Chapter 18.03, to hear and conskler evidence for and against said proposed reclassffication and to irnestigate and make flndings and recommendations in co~nection therewith; and WHEREAS, said Commissfon, after due fnspection, investfgation and study made by ftseif and in fts behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: y. That the petftioner proposes reclassiflcation of subject properry from the ML (Limfted Irxiustrial) Zone to the CL (Commercial, Limited) Zone. 2. 1'hat the Anaheim General Plan designates subject property for General Industrial land uses, but that the Planning Commission has recommended adopt(on of Genoral Plan Amendment No. 345 redisgnating the property to General Commercfal. 3. That the proposed reclassiflc~~lon of subject property is necessary and/~r desirable for the orderiy and proper development of the commun'tty. 4. Th^• the proposed reclassffication of subject property does properly retste to tha zones and their permitted uses localiy establfshed in close preximity to subject property and to the zones and their permitted uses generally established throughout the communiry. 5. That three (3) peo~le fn favor of the proposal and one (1) person fn opposftion !ndicated their presence at said public hearing; and that no correspondence was receNed in opposftion to subject petition. c'ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDiNG: That the Anahefm City Planning Commission has reviowed the proposa~ to reclassffy subject properry from the ML (Limited Industrial) Zone to the CL (Commercial, Limfted) Zone to construct a 105,984 sq.ft. home fmprovement sales building wfth a 24,723 sq.ft. foot garden ceMer and wfth waivers of minimum park(ng lot landscaping and minimum number of parking spaces on an a rectangula~ly-shaped parcel of land located on the north side of Gramercy Avenue between Brookhurst Street and Valley Street, and havfng frontages of 740 feet on the north side of Gramercy Avenue and 520 feet on the east side of Brookhurst Street and 620 feet on the west skle of Valley Street, and further described as 714 North Brookhurst Street; anci does hereby ~nd that the previously certffied EIR No. 319 is adequate to serve as the required environmental documentaY(on. CR2913PL1tiP '1' PC9~-62 ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does h~reby approve the subJect Petftion for Reclass~ication to authorize an amendment to the Zoning Map of the Anaheim Municipai Ccxie to exclude the above-described property from the ML (Limited Industrial) Zone and to incorporate said described property into the CL (Commercial, Umited) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject proper!y in order to preserve the safery and general welfare of ~tie Cftizens of the Ciry of Anaheim: 1. That completion of these reclass~cation proceec, gs is contingent upon approval of Generai Plan Amendment No. 345 by the Ciry Co~mcil. 2. That approval of this application constftutes approval of the proposed request only to the extent that ft complies with the Anaheim Municipal Zoning Code and any other applfcabie City, State and Federal regulations. Approval does not Inciude an;~ action or flndings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anahe(m City Plann(ng Commission does hereby flnd and determine that adoption of this Resdutlon Is expressly predicated upon applicant's compUance wfth each and all of the conditions hereinabove set forth. Should any such condftions, or any part thereof, be declared invalid or unenforceable by the flnal 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, tha4 this resolution shal! not constitute a rezoning of, or a commitment by the City to rRZOne, the subject property; any such rezoning shall require an ordinance of the Giry Council whlch shal be a legislative act which may be approved or denied by the Ciry Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 1997 CHAIRF'ERSON, AN HEIM CITY P"J~NNING COMMISSION ATfEST: 1 n r.e SECRETARY, A AHEIM CI7Y PLANNING COMMISSION STATE OF CAUFORNIA ) ' COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certffy that the ioregoing resolution was passed and adopted at a meettng of the Anaheim Ciry Planning Commission held on May 12, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTiJN, BRISTOL, HENtJINGER, MESSE, PERAZA NOES: COMMISSIONEFIS: NONE A6SENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have here~nto set my hand this C~(~~ day of ~UA.I/~' ~ - Q 1997. (1lil }Zl ~ ~L1~ SECRETARY, AN HEIM CITY PLANNING COMMISSION -2- PC97-62