Resolution-PC 2007-54• !
RESOLUTION NO. PC2007-54
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TMAT PETITION FOR RECLASSIFICATION NO. 2007-00192 BE GRANTED ,
(1745 SOUTH EASY WAY)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim; Caunty of Orange, State of California,
, described as follows
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTMEAST QUARTER
OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF :
CALIFQRNIA, THE SOUTHEAST QUARTER OF SAID SECTION 20 IS SHOWN ON A
MAP FILED IN BOOK 17, PAGE 27 OF RECORD O~ SURVEYS W THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT ON THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER DISTANCE THEREON 553:00 FEET
EASTERLYFROM THE SOUTHWEST CORNER pF $AID SOUTHWEST QUARTER
OF THE SOUTMEAST QUARTER; THENCE NORTHERLY PARALLEL WITH THE
WEST LINE OFSAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,
189.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OFBEGINNING,
THENCE CONTINUE ALONG SAID WEST LINE OF SAID SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER 161.00 FEET, THENCE EASTERLY PARALLEL
WITH SAID SOUTH LINE 109.00 FEET,'MORE OR LESS, TOTHE EAST LINE QF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
` QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE 161.00 FEET, THENCE
WESTERLY 109.00 FEET, MORE OR LESS, ON A LINE PARALLEL WITH SAID
SOUTH LINE THE TRUE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on May 30, 2007 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 investigate and make findings and
recommendations in connection therev~ith; 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 GG (General
Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or less intense zone.
2. That the General Plan designates this property and the property to the south for Corridor
Residential 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 reclassi~cation 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 no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
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CR\PC2007-54 -1- PC2007-54
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CAL(FORNIA 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 independenfjudgment of the lead agency and that it has considered the Negative
Declaration together with any commentsreceived 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 C-G (General Commercial) Zone and to `
incorporate said described property into the RM-3 (Multiple-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 Gitizens 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 mayapprove 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. Theprovisiqns 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 completion of these reclassification proceedings is contingent upon approval of Conditional Use -
Permit No. 2007-05186 and Tentative Tract Map No. 17115.
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 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 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 applicanYs 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 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.
-2- PC2007-54
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THE FOREGOING RESOLUTtON was adopted at the Planning Commission meeting of
May 30, 2007; Said resolution is subject to the appeal provisions set forth in Chapt 18.60 "Procedures" of the '
Anaheim Municipal Code pertaining to appeal procedures and may be re lace City Council Resolution in
the event of an appeaL
HAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
1~i~,~"'~- ~L~+V!'6°
SENIOR SECRETARY;ANAHEIM PLANNING COMMISSION '
STATE OF CALIFORNIA ) ;
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify#hat
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
May 30, 2007, 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 1 Z~S day of ~v -nt . ,
2007. ,
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION