Resolution-PC 2009-112RESOLUTION NO. PC2009-112
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
RECLASSIFICATION NO. 2008-00224
(1735-1739 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
PetiCion for Reclassification from the T {Transition) Zone to the I (Industrial) Zone for certain
real property situated at 1735-1739 West Lincoln Avenue in 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.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 21, 2009 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
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 T
(Transition) Zone to the 1(Industrial) Zone.
2. That the proposed I Zone would be consistent with the existing Industrial 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.
S. ThaC no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that Che Anaheim Planning
Commission has reviewed the proposal and does hereby find that the Negative Declaration is
adequate to serve as the required environmental documentation in connection with this request.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby approve 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 incozporate said described property into the I (Industrial) Zone subjecC to the
conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim.
BE I3' 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 City 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 PT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within l5 days of the
issuance of the final invoice. Failure to pay all charges shall resulC 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 21, 2009. 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 Che event of an appeal.
~~ ~ i'~~
CHAIRMAl~I, ANAI-$EIM PLANNP~VG COMMISSION
ATTEST:
SENIOR SECRETF~~iY, ANAHEIhV[ PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on January 21, 2009, by the following vote of Che members
thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BUFFA
NOES; COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of
January, 2009.
SENIOR SECRtETARY,
COMMISSION
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EXHIBIT "A"
RECLASSIFICATION N0.2008-00224
122.45'
., ,", ®~
Fr«
Source: Recorded Tract Maps and/or City GIS.
Please note [he accuracy is+/- twc to five feet.
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EXHIBIT "B"
RECLASSIFICATION N0.2008-00224
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO INTROD UCTION OF ORDINANCE
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
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.
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