Resolution-PC 2006-91,
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` .:RESOLUTION NO. PC2006-91 -
A RESOLUTION~`dF THE ANAHEIM PL:ANNING COMMISSION
"THAT PETITION FOR RECLASSIFICATION NO. 2006=00184 BE GRANTED
(2216 EAST SOUTH STREET)
WHEREAS, the Apaheim, 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 4 OF PARCEL MAP:.NO. 2000-253, AS PER MAP RECORDED IN BOOK 330, PAGES '
770 9; INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA:
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Gity of
Anaheim on October 30, 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 "P.rocedures", to hear
and consider evidence #or 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 (Single Family Residential) zone:
2. ' That the Anaheim General Plan designatesthis property and:surrounding properties for Low
Density Residential land uses. The RS-2 zone is a typical implementation zone for this land designation. '
3. That the proposed reclassification of subject property is necessary and/or desirable for the :
: orderly and proper developmenf of tlie`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 one person indicated their presence at said public hearing in opposition and also spoke on
behalf af another homeowner, and one person spoke with questions; and that no correspondence was received
in opposition to subjectpetition.
GALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; 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 environment.
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 property from the T(Transition) Zone and to incorporate said
described property into the RS-2 (Single-Family Residential) 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:
CR\PG2006-91 --1- PC2006-91
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1. That prior to introduction of an ordinance rezoning subjectproperty; a preliminary title report shall be'
furnished to`theplanning SerVices Division showing the legal vesting oftitle; a legal description and
containing amap 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 byaction of#he 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 timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is'established that satisfies the original intent and
purpose of the condition(s), (ii)'the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved structure.
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 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
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 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 buiiding 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 ofthis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 30, 2Q06. 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 re ed by C' ouncil Resolution
in the event of an appeaL -
CHAIRMAN, A HEIM PLANNING COMMIS ION
ATTEST:
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/Y~ ~~~z..- j~~2~~!/t.(~ _
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- _ ` PC2006-91
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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
October 30, 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 /UD V~ tr~ ~er,,
2006.
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SENIOR SECRETARY,ANAHEIMPLANNING COMMISSION
-3- PC2006-91