Resolution-PC 2006-51_ `~ •
RESOLUTION NO. PC2006-51
~ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2006-00178 BE GRANTED
(111-125 WESTELM STREET)
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 SOUTHERLY 150 FEET OF THE ORIGINAL TOWN LOT 54, RECORDED IN BOOK
4, PAGES 629-630 OF DEEDS IN TME OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY'
THE EASTERLY RECTANGULAR ONE-HALF OF TOWN LOT 55 OFANAHEIM, W THE
GITY OF ANAHEIM, AS f'ER MAP RECORDED IN BOOK 4 PAGES 629 AND 630 OF
DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in tfie City of
Anaheim on June 12, 2006, 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 againsf 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 I(Industrial) zone to the
I(MU) (Industrial; Mixed Use Overlay) zone, or less intense zone.
2. That the Anaheim General Plan designates the property for Mixed Use 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 because it would result in a residential project that is
consistent with the type of housing envisioned for the Downtown.
5. 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 as demonstrated by the
analysis included in the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, #he
proposed project actions will not result in new significant impacts or substantial increases in the severity of
previously identified significant impacts; and, therefore, no supplemental or subsequent environmental review is
required. The Planning Commission hereby determines that the previously-certified Final EIRWith the
Addendum and Mitigation Monitoring Plan No. 122, are adequate to serve as the required environmental :
documentation for the proposed project actions in connection with Reclassification No. 2006-00178.
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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
Municipai Code to exclude the above-described property from the 1(Industrial) zone and to incorporate said
described property into the {(Ml!) (industrial; Mixed Use Overlay) zone based 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#o introduction of an ordinance rezoning subject property or within one (1) year, whichever is
Jess, a preliminary title report §hall be furnished to thePlanning Services Division showing the:legal
vesting of title, a legal description and'containing a map of the property. '
2. That the approval of Reclassification No. 2006-00178 is granted subject to the approval of Conditional
Use Permit No. 2006-05092, now pending. '
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 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 FIJRTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shatl 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 thatadoption 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 invatid or
unenforcea6le by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shalf be deemed null and void.
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 all 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
June 12, 2006. Said resolution is subject to the appeal provisions set forth in Cha ter 18.60 "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be re c y ity Council solution in
the event of an appeaL ~
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
~ ~ ~
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
June 12, 2006, by the following vote of the members thereof:"
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of ,
2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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