Resolution-PC 2005-103~ ~
RESOLUTION NO. PC2005-103 `
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00141 BE GRANTED '
(3117, 3121 AND 3125 W EST BALL ROAD) ;
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 follows:
PARCEL 1: THE EAST 66 FEET OF THE WEST 264 FEET OF THE SOUTH ONE-HALF
OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE
" SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH RANGE 11 1NEST, ,
SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE COUNTY, STATE OF
CALIFORNIA.;
`'PARCEL 2: THE WEST 66 FEET OF THE EAST 132 FEET OF THE WEST 264 FEET OF
THE SOUTH HALF OF THE SOUTHEAST' QUARTER OF THE SOUTHWEST QUARTER OF
THE'SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, .RANGE-11 WEST,
` SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE; STATE OF CALtFORNIA.
EXCEPTING THEREFROM A 3.4T" INTEREST IN A TO A WATER WELL'AND PUMPING
FLANT LOCATING ON SAID LAND.
PARCEL 3: THE EAST 66 FEET OF THE EAST 132 FEET OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
BASE AND MERIDfAN, COUNTY OF ORANGE COUNTY, STATE OF CAUFORNIA. :
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on July 25, 2005 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 petitioner proposes reclassification of subject property from the T(Transition) zone to
the RM-3 (Residential, Multiple-Family) zone, or less intense zone.
2. That the Anaheim General Plan designates the properties to the east and west for Corridor
Residential land uses and properties to the north and south (across Ball Road) are designated for Low Density
Residential land uses.
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.
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; 5. -That the proposed reclassification of subject property requires`the dedication and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated increase in traffic which will be generated by the intensification of land use.
6. That 7 people indicated their presence at said public hearing in opposition; and that a petition
was received with 134 signatures in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the'Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the T(Transition) zone to the RM-3
(Residential, Multiple-Family) zone, oriess intense 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 project will have a significant effect on the environmenf.
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 properfy from the T(Transition) zone and to incorporate said
described property into the RM-3 (Residential, Multiple-Family) zone, or less intense 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:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shalf 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 completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2004-04951 and Tentative Tract Map No. 16833. _
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 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 conditions, 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 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 applicant's compliance with each and all
of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 25, _
2005. Said resolution is subject to the appeal provisions set forth in C ter "Procedures" of the Anaheim
Municipal Code pertainingto appeal procedures and maybe repla y ` Cou I tion in the event
of an appeal. :
CHAIRMAf~; AN HEIM PLANNING COMMISSION
ATTEST:
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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 25 2005, by the followingvote of the members thereof:
AYES: COMMISSIONERS: BUFFA; EASTMAN, FLORES, ROMERO; VELASQUEZ'
NOES: COMMISSIONERS: PEREZ
ABSENT: COMMISSIONERS: KARAKI-
IN WITNESS WHEREOF, I have hereunto set my hand this l ~~' day of ~v9ul ~,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION