Resolution-PC 2008-28u
RESOLUTION NO. PC2008-28
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A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
APPROVING PETITION FOR RECLASSIFICATION NO. 2007-00210
UNCONDITIONALLY (2232 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Reclassification for certain real property situated in The Anaheim Resort area of the City of
Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, Reclassification No. 2007-00210 is proposed in connection with
General Plan Amendment No. 2007-00462, Specific Plan Amendment No. 2007-00049,
Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007-00010, Tentative Tract Map
No. 17219 and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of
a 102-room hotel on the western 1.5-acre portion of the project site adjacent to Harbor
Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern
3.3-acre portion of the project site (herein collectively referred to as the "proposed project
actions"); and
WHEREAS, Reclassification No. 2007-00210 is proposed to reclassify the
eastern 3.3-acre portion of the subject property from the Anaheim Resort Specific Plan (SP92-2)
zone to the Multiple-Family Residential, Mixed Use Overlay (RM-4 (MU) Overlay) zone; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, 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 project actions, including Reclassification No.
2007-00210, and to investigate and make findings and recommendations in connection
therewith; and that said public hearing was continued from the January 7, January 23, and
February 4, 2008 hearings; 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 this proposal will establish a resolution of intent to reclassify the subject
property as described above.
2. That the proposed Reclassification is being considered in conjunction with
General Plan Amendment No. 2007-00462 to redesignate the eastern 3.3-acre portion of the
subject site from the Commercial Recreation to the Mixed Use land use designation.
3. That the proposed RM-4 (MU) Overlay zone is the appropriate implementation
zone for the Mixed Use land use designation.
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4. That the proposed reclassification of subject property is necessary and/or
desirable for the orderly and proper development of the community.
5. 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 because it
would result in a residential project consistent with the type of housing envisioned for the Mixed
Use land use designation and adjacent multiple-family land uses to the east and south of the
subject site.
6. That no one indicated their presence at said public hearing in opposition; that one
email message was submitted with concerns about building height and lighting; and that no
letters were received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the
Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 154 upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Mitigated 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 BE IT FURTHER RESOLVED that the Anaheim Planning Commission
does hereby approve said Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to reclassify the subject 3.3 acres as described above.
BE IT FURTHER RESOLVED that the approval of Reclassification No. 2007-
00210 is contingent upon the approval of General Plan Amendment No. 2007-00462, now
pending.
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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 20, 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 the event of an appeal.
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CHA A ,ANAHEIM ANNING COMMISSION
ATTEST:
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SEND SECRETARY, 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 February 20, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of
March, 2008.
SECRETARY, ANAHEIM PLANNING COMMISSION
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