Resolution-PC 2008-52RESOLUTION NO. PC2008-52
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
RECLASSIFICATION NO. 2008-00216
(770 NORTH EAST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Reclassification for certain real property situated at 770 North East Street in the City of
Anaheim, County of Orange, State of California, as more particularly described in E~ibit "A°
attached hereto and incorporated herein by this reference.
WHEREA3, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Apri128, 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 recommendarions in
connection therewith; 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 RS-2
(Single-Family, Residential) zone to the GG {Commercial, General) zone.
Z. That the proposed GG zone would be consistent with the proposed General Plan
Amendment No. 2008-00464 General Commercial land use designation of the General Plan,
which is proposed concunently with this project.
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 pro~timity to subject properiy and to
the zones and their permitted uses generally established throughout the community.
5. That a person indicated their presence at said public hearing in opposition; and
that a letter was received in opposirion to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Coimnission 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 conunents 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 projact will have a significant effect on the envaronment.
-1- PC2008-52
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hexeby 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 RS-2
(Single-Family, Residential) Zone and to incorporate said described property into the GG
(Commercial, General) Zone subject to the approval of General Plan Amendment No. 2008- '
00464 and upon the following condirions 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 Anaheun:
No. Conditions of Approval Responsible for
Monitorina
TIMINGr PRIOR TO INTRODUCTION'OF ORDINANCE
1 That this application for reclassification is subject to the approva] of Planning
General Plan Amendment No. 2008-00464, proposed concurrently with
this project.
2 A sewer study shall be submitted to the Public Works Depariment, Planning
Development Services Division for review and approval. The Study
sha11 include an analysis of all sewer impacts to the existing sanitary
sewer system based upon the ultunate project build-out condition. If
any segment of the e~sting sewer pipe flows full then development
will be restricted, construction of new sewer facilities will be required
or denial of the permit may result. The sewer study discussion shall be
based upon and reference the applicable City of Anaheim Master Plan
of Sanitary Sewers for the project area.
GENERAL<
3 'I'hat 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
applicaziYs 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.
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BE IT FURTHER RESOLVED that the applicant is rasponsible 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 chazges shall result in delays in the issuance of
required pemzits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 28, 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.
ATTEST:
CHAI A, N EIM PL ING COMMISSION
SENIOR SECRETARY,
STATE OF CALIFOI2NIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
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 Apri128, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO,
VELASQUEZ
NOES: CONIMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: ICARAICI
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
~, 2008.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-~2
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General Plan Amendment No. 2008-00464
Reclassification No. 2008-00216
Conditional Use Permit No. 2008-05309
Determination of Public Convenience
or Necessity No. 2008-00040
770 North East Street
10523,