Resolution-PC 2005-158~ •
RESOLUTION NO. PC2005-158
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THATAPPLICATION FOR RECLASSIFICATION NO: 2005-00171 BE GRANTED
(601 SOUTH WESTERN AVENUE)
, WHEREAS, the Anaheim Planning Commission did receive a verified'application for
Reclassification for real property situated in the City of Anaheim, County of Orange, State'of California,
described as'follows
THE " EAST 172.00 FEET OF THAT PORTION OF THE NORTH HALF OF THE
-NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, IN THE CITY OF .ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER , OF SAID COUNTY, LYING
NORTFiERLY OF THE LAND CONVEYED TO ORANGE COUNTY FLOOD CONTROL
DISTRICT BY DEED RECORDED MARCH 5, 1959, W BOOK 4614, PAGE 493 OF '
OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
- Anaheim on December 12, 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 investigafe 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 C-G (General
Commercial) zone to the RS-4 (Residential, Single-Family) zone.
2. That the Anaheim General Plan designates this property and the property to the west for Low
Medium Density Residential land uses. The RS-4 zone is a typical implementation zone for this land use
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 andtheir
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 a person indicated their presence at said public hearing in opposition pertaining to the
proposed driveway; and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FlNDING: That the AnaheimPlanning
Commission has reviewed the proposal to reclassify subject property from the C-G (General Commercial) 2one
to the RS-4 (Residential, Single-Family) zone, or less 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 Negafive 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.
Cr\PC2005-158 _ -1- PC2005-158
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Application for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the GG (General Commerciaf) zone
and to incorporate said described property into the RS-4 (Residential, Single-Family) 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 Na 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 bythis resolution
shafl become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of 4his 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 :
` PermitNo. 2005-05050 and Tentative Parcel Map No. 2005-259.
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 #he request
regarding any other applicable ordinance, regulation or requirement.
BE IT RESOLVED that the Anaheim Planning Commission doeshereby 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 conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competentjurisdiction, 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
commitmentby 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 Gouncil 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 or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay aU charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 12, 2005. 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 m b ced by a City C uncil
Resolution in the event of an appeaL ,
CHAIRMAN, A M PL NNING COMMISSION
ATTEST:
/~2~~'~°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE ~?F 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
December 12; 2005 by the following vote of the members thereof:
AYES: ' COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, ROMERO
NOES: - COMMISSIONERS: ' NONE
ABSENT: COMMISSIONERS: ` FLORES, VELASQUEZ :
IN WITNESS WHEREOF, Ihave hereunto set myhand this ~ day of v-~ ,
2006. _ ,
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ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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