Resolution-PC 2005-18~ ~
RESOLUTION NO. PC2005-18
A RESOLUTION OF THE ANAHEIM PLANNING COMMISS{ON
THAT PETITION FOR RECLASSIFICATION NO. 2004-00140 BE GRANTED
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: (2034 WEST BROADWAY)
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:
THE NORTH 250 FEET OF THE NORTHWEST QUARTER'OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO;BASE AMD MERIDIAN.
EXCEPTING THEREFROM THE WEST'360 FEET THEREOF:
ALSO EXCEPTING THEREFROM THE EAST 200 FEET THEREOF.
~ WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 24, 2005, at 2:00 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 applicant proposes reclassification of subject property from the T(Transition) zone to
the RS-2 (Residential, Single-Family) zone, or a less intense zone.
2. That the Anaheim General Plan designates subject property for Low Density Residential land
uses; and that the proposed reclassification would be consistent with the Low Density Residential 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 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 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
antlcipated increase in traffic which will be generated by the intensification of land use.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify the property from the T(Transition) zone to the RS-2
(Residential, Single-Family) zone, or a 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 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#here is no substantial evidence
that the project will have a significant effect on the environment.
CR\PC2005-018 -1- PC2005-18 ,
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NOW, 7HEREFORE, 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-2 (Residential, Single-Family)Zone upon the #ollowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve #he
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 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. lf the ordinance is disapproved; the procedure set forth in
Anaheim Municipal CodeSection 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 resolutian,`or suchfurther time as the Planning Commission may
grant.
3. 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 applicab4e 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 f'snd 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 legisfative act, which may be approved or denied by the City Council at its sole
discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 24,
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 may be replaced y a C' ounci e 'on in the event
of an appeaL
CHAI , A AHEIM PLANNING COMMISSION
ATT T:
NI R ETARY, AN HEIM PLANNING COMMISSION
=2- PC2005-18
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STATE O~ CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary,of the Anaheim Planning Commission, do hereby certify that the'
foregoing resolution was passed and adopted at a.meeting ofthe Anaheim Planning Commission held on
January 24, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, fLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACAN7: COMMISSIONERS: ONE VACANCY
_
IN WITNESS WHEREOF, f have hereunto set my hand this _~ day of ,
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION