Resolution-PC 2008-1• •
RESOLUTION NO. PC2008-1
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2007-00213 BE APPROVED
(3083 AND 3087 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:
3083 West Ball Road:
THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFRONIA.
EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF.
3087 West Ball Road:
THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP
4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND
THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH
264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, SAN BERNARDINO BASE AND MERIDIAN.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 10, 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 therewith; and that said public hearing was continued to the January 7, 2008,
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 ofsubject property from the T
(Transition) zone to the RM-1 (Multiple-Family Residential) zone.
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2. That the proposed RM-1 zone would be consistent with the proposed Comdor
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.
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 three persons indicated their presence at said public hearing in opposition;
and that one letter was received in opposition to subject petition.
CALIFORNIA 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 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 T (Transition) Zone and to incorporate said described property into the RM-1
(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:
COA Conditions of Approval Responsible for
Monitorin
TIM G:'PRIOR TOINTRODUCTION OF QRDINANCE
COA1 That prior to introduction of an ordinance rezoning subject property, a Planning
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.
GENE
COA3 That approval of this application constitutes approval of the proposed Planning
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.
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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 maybe 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 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 January 7, 2008. 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
maybe replaced by a City Council Resolution in tie event of an appeal.
CHAI~ZMA~, ANAHEIM ~L~ANNING COMMISSION
ATTEST:
SENIOR SL~RETARY, 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 January 7, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAI~I, VELASQUEZ
NOES: COMMISSIONERS: ROMERO
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
January, 2008.
Cam.
SECRETARY, ANAHEIM PLANNING COMMISSION
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