Resolution-PC 2007-90. ~ ,
RESOLUTION NO. PC2007-90 '
A RESOLUTIQN OF THE ANAHEIM PLANNING COMMISSION
THAT PETITIONFOR RECLASSIFICATION N0: 2007-00198 BE GRANTED ' '
(1556 WEST'KATELLAAVENUE)
' WHER~AS, the Anaheim Planning Commission did receive a verifiedpetition for
Reclassification for real property situated in' the City of Anaheim, County of Orange, State of California,
described as foliows: '
THAT NORTM MALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE
, NORTMWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTM, RANGE 10
WEST, IN THE F2ANCH0 LAS 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 INCLUDED WITHIN TRACT NO. 3240, AS '
MAPRECORDEDJN BpOK 113, PAGE(S) 9, 2 AND 3 OF'MISCELLANEOUS MAPS,
R~CORDS OF SAID ORANGE COUNTY. ' -
, ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LAND '
DESCRIBED IN DEED TO THE ORANGE COUNTY FCOOD CONTROL DISTRICT,
RECORDED OCTOBER 14, 1957`IN BOOK 4069, PAGE(S)188 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY AND ,
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF THE ABOVE
MENTIONED 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 hold a pubiic hearing at the Civic Center in the City of
Anaheim on August 6, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by
(aw 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 public hearing was continued to the July 9, 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 find and
determine the following facts:
1. That the applicant proposes reclassification of subject property from the T(Transition) zone to
the RM-3 (Multiple-Family Residential) zone, or less intense zone.
2. That the General Plan designates properties to the north and east for Low-Medium Density
Residential land uses and the proposed RM-3 zone would be consistent with the ro osed Low-Medium Densit
P P Y,
Residential land use designation of the General Plan.
CRIPC2Q07-90 -1- PC2007-90
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3. That the proposed reciassification 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.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was receivetl in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thatthe 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 signi~cant effect on the environment.
' NOW, THEREFORE, BE IT`RESOLVED #hat 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 propertyfrom the T(Transition) Zone and to incorporate said
described property into the RM-3 (Multiple-Family Residential)Zone upon the foilowing 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:
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 setforth
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 completion of these reclassification proceedings is contingent upon approval of General Plan'
Amendment No. 2007-00455, Conditional Use Permit Na 2007-05200 and Tentative Tract Map No. '
17116.
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 Councit 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
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unenforceable by the final judgment of any court of competent jurisdiction, then thisResolution, and any
approvals herein contained, shall be deemed nuli and void.
BE IT FURTHER RESOLVED that the appiicant is responsible for paying all charges related to
the processing of this discretionary case appiication within 15 days of the issuance of the final invoice or prior to
the issuance ofbuilding permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or#he revocation' of the approval of this application.
THEFOREGOING 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 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal. )
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CHAIR AN; NAHEIM PLAN COMMISSION ,
ATTEST:
~ ~.~.., i~~G~~
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 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
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this o2Is7 day of v v1 ,"
.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION