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Resolution-PC 2008-39RE50LUTION NO. PC2008-39 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING RECLASSIFICATION N0. 2007-00214 (717 SOUTH DALE AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 717 South Dale Avenue in the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WI-lEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 31, 2008 at 230 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 heaz and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WI3EREAS, 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 heazing, does find and determine the following facts: 1. That the applicant proposes reclassification of subject property from the T (Transition) zone to the RS-3 (Single-Family Residential) zone. 2. That the proposed RS-3 zone would be consistent with the existing Low 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. 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 four people indicated their presence at said public hearing in opposition; and that a petirion was received with 15 signatures in opposition to subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declazation reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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. -1- PC2008-39 BE IT FURTHER 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 pxoperty from the T (Transition) Zone and to incorporate said described property into the RS-3 (Single-Family Residential) Zone upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of subject properiy in order to preserve the health and safety of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitorin TIMING: PRIOR TOINTRODUCTION'OFORDINANCE No. 1 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. GENERAL ' No. 2 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. 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 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 declazed 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 RE30LVED that the applicant is responsible for paying all chazges 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. -2- PC2008-39 THE FOREGOING RE50LUTION was adopted at the Planning Commission meeting of March 31, 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 may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN ATTEST: /Z-~ - /?2.n.e~.~s SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION I, Eleanor Morris, Senior Secretary of the A.naheim Planning Commission, do hereby certify that the foregoing reso(ution was passed and adopted at a meeting of the Anaheim Planning Commission held on Mazch 31, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, I{ARAKI, ROMERO,VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA IN WITNESS WHEREOF, I have hereunto set my hand this 3r~ day of ~il r ~ , 2008. SENIOR SECRETARY, ANAIIEIM PLANNING COMMISSION -3- PC2008-39 1 W 7 Z W ~ Q W J Q ^ ~ 0 n _ ~. ~ 0 ~ w J S U K m o sn ~oo ~ ~ << Subject Property Reclassification No. 2007-00214 Tentative Parcel Map No. 2005-285 Variance No. 2007-04745 717 South Dale Avenue . V~ W.BFOROWAY I I W.OflRNG AVE ~ ~ ~ m I = ~ ; _ ~ ~ '~ ' e w.enu no ~ ~ °~ ~°' s J ~ ~ ~ ~ 10501 2 J ~ Z J N Y U > WESTHAVEN DR STONYBROOK DRIVE WESTHAVEN DR Source: Recorded Trect Maps and/or City GIS. Please nole the acaracy is +/- ~o lo fiva (eet.