Resolution-PC 2007-129. •
RESOLUTION NO. PC2007-129
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2007-00200 BE APPROVED
(121 -131 SOUTH DALE AVENUE)
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:
PARCEL 1:
THE NORTH 148.00 FEET OF THE SOUTH 296.00 FEET OF THE EAST 4 ACRES OF THE
NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, SAN BERNARDINO
BASE AND MERIDIAN.
EXCEPTING THEREFROM THE NORTH 53.5 FEET THEROF.
PARCEL 2:
THE NORTH 53.5 FEET OF THE SOUTH 296 FEET OF THE EAST 4 ACRES OF THE NORTH 10
ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST 30 ACRES OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP
4 SOUTH, RANGE 11 WEST, S.B.B. &M.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 20, 2407 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 therewith;
and that said public hearing was continued to the September 5, 2007 and October 29, 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 RM-4
(Multiple-Family Residential) zone to the RM-3 (Multiple-Family Residential) zone.
2. That the proposed RM-3 zone would be consistent with the proposed Low-Medium
Density Residential land use designation of the General Plan.
3. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
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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 received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL OUALITY 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 RM-4
(Multiple-Family Residential) 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 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 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.
That completion of these reclassification proceedings is contingent upon approval of General
Plan Amendment No. 2007-00456, Conditional Use Permit No. 2007-05204 and Tentative
Tract Map No. 17047.
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 subj ect 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.
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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. 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 29, 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.
CHAIRM~V, ANAHEI~vYPLANNING COMMISSION
ATTEST:
SENIOR`'~ECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 29, 2007, by the following vote of the members thereo£
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
~~ IN WITNESS WHEREOF, I have hereunto set my hand this '~ day of
I V r1~1 ~i/ , 2007. ~
/~ C~.-- ~/~ ~~'-`=
SEN~R SECRETARY, ANAHEIM PLANNING COMMISSION
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