Resolution-PC 2006-94• •
RESOLUTION NO: PC2006-94
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
- THAT PETITION FOR RECLASSIFICATION NO. 2006-00183 BE GRANTED
:(140 WEST 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 -
LOT 52 OF TRACT NO. 2090, IN THE CITY OF-ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, 'AS PER MAP RECORDED IN BOOK 61, PAGES 38 AND 39 OF '
MISCELLANEOUS MAPS, IN 7HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning`Commission did hold apublic hearing at the Civic Center in the City of
Anaheim on October 30, 2006, at 2:30 p.m:, notice of said pub{ic hear+ng 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 that said
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 O-L (Low Intensity
Office) zone to the RS-2 (Single-Family Residential).
2. That the Anaheim General Plan designates this property and the properties fo the south, west,
and eastfor Low Density Residential land uses. The RS-2zone is a typical implementation zone for this land
use designation and the proposed reclassification would implement the General Plan land use designation for
this property.
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 the south and west to subject property and to the zones
and their permitted uses generally established throughout the community.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That #he 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 antl that it-fias 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 0-L (Low Intensity Office) zone to 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: "
CR1PC2006-94 -1- PC2006-94
~ -' •
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. 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 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.
4. 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
development.
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 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 the applicanfi 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. 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
October 30, 2006. 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 e ed by a Ci Council Resolution
in the event of an appeaL ~
~ N AN EIM PLANNING COMMI N
CHAIRMA ,
ATTEST:
~G~-~~ti.~ /~~~s~`~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE : ) ss.
-2- PC2006-94