Resolution-PC 2007-89• •
RESOLUTION NO. PC2007-89
A RE$OLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITIONFOR GENERAL PLANAMENDMENT NO. 2007-00455 BE GRANTED
(1556 WEST N(ATELLA AVENUE) '
WHEREA3, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for'certain'real property situated in the City of Anaheim, County of Orange, State of California,
described as:
` TMAT NORTH MALF OF THE WEST MALF OF THE NORTMEAST QIJARTER OF
THE NORTHWEST QUARTER OF SECTION 28, TOWNSHtP'4 SOUTH, RANGE 10
WEST, IN THE RANCHOiAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF'
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51,
PAGE(S) 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THEREFROM THAT PORTION 1NCLUDED WITHW TRACT N0. 3240, AS
MAP RECORDED IN BOOK 113, PAGE(S)1, 2 AND 3 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
' ALSO EXCEPT THEREFROM TMAT PORTION INCLUDED WITMIN THE LAND
DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, '
RECORDED OCTOBER 14, 1957 IN BOOK 4069, PAGE(S)188 OF OFFICIAI.
RECORDS OF SAtD ORANGE COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION IYING NORTHERLY AND
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF THE ABOVE
MENTIONEp TRACT NO. 3240; THENCE ALONG THE EASTERLY
PROLONGATION OF THE NORTH LINE OF SAID LOT 37, NORTH 89° 13' 30" :
EAST 10.18 FEET; THENCE NORTH 00° 55' 30" WEST 186.00 FEET TO THE
NORTH LINE OF SAID SECTION 28.
ALSO EXCEPT THERE FROM THAT PORTION GRANTED TO CITY OF ANAHEIM
BY ORDER FOR PREJUDGMENT POSSESSION RECORDED MAY 16, 2006 AS
INSTRUMENT NO. 06-328734, OF OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hoid a public hearing at the Civic Center in the City
of Anaheim on A~gust 6, 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, to hear and
consider evidence for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the July 9, 2007
and July 23, 2007 and August 6, 2007 Planning Commission meeting; 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 flnd and '
determine the following facts:
1. That the applicant proposes the redesignation of subject property from the General
Commercial land use designation to the Low-Medium Density Residential land use designation.
2. That the General Plan designates properties to the north and east of the subject property for
Low-Medium Residential land uses which are currently developed with multiple-family residential'land uses.
Cr\PC2007-89 ' _1_ PC2007-89
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Therefore, Exhibit A should be adopted to redesignate the subject parcel for Low-Medium Density Residential
land uses.
3. That the proposed land use designation of subject property is necessary and/or desirable for
the orderly and proper development of the community.
4. That the proposed Jand use designation of subjecf property does properly relate to the
General Plan designations estabiished in close proximity to subject property and to the zones and their
permitted uses generally established throughout the community.
b. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was7eceived in opposition to subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission hasreviewed theproposal; and does hereby approve the Negative Declaration uponfinding 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 WIII
have a significant effect on #he ernironment.
NOW,THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the'Anaheim "
Planning Commission does hereby recommend tothe City Council of the City of Anaheim adoption of General
Plan Amendment Na 2007-00455 pertaining to the Land Use Element, Exhibit A, to redesignate the property
from the General Commercial land use designation to the Low-Medium Density Residential land use
designation.
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
August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the evenf of an appeal.
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CHAI MA , NA EIM PLA ,I~~IG COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- , PC2007-89
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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
August 6, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS; NONE '
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this _~. ~S T day of
v ~ 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION