Resolution-PC 2009-043RESOLUTION NO. PC2009-043
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA MITIGATED NEGATNE AECLARATION
AND APPROVING RECLASSIFICATION NO. 2008-00221
(ASSESSOR'S PARCEL NOS. 0&5-071-42 AND 085-071-45)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Reclassification on certain real property situated in the City of Aaaheim, CounTy of Orange,
State af California, shawn on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, this property is undeveloped vacanY land and is located in the RM-3
(Multiple Family, Residentialj Zone with a Low-Medi~m Density Reside~tial land use
designation on Yhe General Plao; and
WHEREAS, the applicant and property owoer has reqnested approval of a
Reclassifica[iou To reclassify the property from the RM-3 (Multiple Family, Residential) Zone to
Che RS-4 (SC) (Single-Family ResldenYial; Scenio Conidor Oveilay) Zone, consiste~t witi~ the
General Plan Low-Medium Density Residential land use desig~ation; and
WHEREAS, Tentative Trace Map No. 17289 is proposed in conjunetion with
Reclassitication No. 2008-00221 and Conditional Use Permit No. 2008-05362 to construct 56
single-family residential dwelling uniTS; and
WHEREAS, the Planning Commissioo did hold a public hearing at the Civic
Center in the Cicy of Anaheim on March 30, 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 heaz and consider evidence for and against said
proposed reclassificaCion and to iuvestigate aod make findings and recommeodations in
cpnnection fherewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, aod after due cousideration of all evidence and reports offered at said
hearing, does find and deCermine the followiog facts; -~-
1. That reclassification of subject property from the 12M-3 (Multigle Family,
Residential) Zone to the RS-4 (SC) (Single-Family Residential; Scenic Corridor Overlay) would
be consistent with Che property's existing land use designation on the Geoeral Plan.
2. That the proposed reclassification of subject property is necessary and/or
desizable for the orderly and proper developmenC of tt~e community and is consiste~C wit~i the
adjacent single family residential designation in the MounCain Park Specific Plan zone.
3. That the proposed reclassification of subject property does properly relate to
the zones and their percnitted ~ses locally established in close proximity to subjecC property and
to the zones and their permitted uses generally establ9shed throughout the community.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Mitigated Negative
Declazation is adequate to serve as the required environmental documentation in connection with
this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby conditionally approve the subject Reclassification to authorize an amendment to the
Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the
RM-3 (Multiple Family, Residential) Zone and to incorporate said described property into the
RS-4 (SC) (Single-Family Residential; Scenic Corridor Overlay) Zone.
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 approval of this application constitutes
approval of the proposed 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
inciude any action or findings as to compliance or approval of the request regazding any other
applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 30, 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 the event of an appe~l. ~
CHAIRMAN, AI~AHEIM CI'IYPLANNING COMMISSION
ATTEST: ~
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v ~,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -'
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C1TY OF ANAHEIM )
I, Grace Medina, Se~ior Secretary of the Anaheim CiCy Planning Commission, do
hereby certify that tlae foregoing resolutipn was passed and adopted at a meeting of the Anaheim
City Planning Commission held on March 30, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WI'INESS WHEREOF, I have here~nto seC my hand chis 3fl`~' day of March, 2009.
SENIOR SECkETARY, AI~TAHEIM CITY PLANNING COMMISSION
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EXF~IBTT "A"
I2ECLASSIFICATION NO. 20U8-00221
ia~zs
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° 10° `~19~ Souroe: Recotded Tract Maps and/pr City GIS.
F~,~ Please rrote Ihe accuracy is+/-yWO io five feet.
EXHIBIT "B"
RECLASSIFICATION NO. 2008-00221
~o COIVDITIOIVS ~F APPROVAL
~ ~S F~~SIBLE
MOiVITORING
TIM7NG: P , .... ,,
R£C1It TO TfI~ ADOPTTON fk~'; 2'F7~ QRX3rNA~VG?E ';,. ,,
1 That the project is expressly conditioned upon the applica~Ys indemnifying Planning
and holding harmless the City, its agents, officers, council members, Degartment -
employees, boards, commissions and their members and tlie City Council from Planning Services
any claim, action or proceeding brought against any of the foregoing
iodividuals or entities, the purpose of such litigation being to attack, set aside,
void, or annul any approval of the applioation or related decision, or the
adoption of any environmental documents or the MiYigated Negative
Declaration prepared in conj~nction with this request, which relates to Che
approval of the proposed acuons. This indemnification shall include, but is not'
limited to> all reasonable damages, costs, expenses, attorney fees or expert
wimess fees that may be awarded to the prevailing party, and costs of suit,
attomey's fees, and other costs, liabilities and expenses arising out of or in
connection with the approval of the application or related decisions, whether or
not there is concurrent, or passive negligence on the part of the City, its agents,
officers, council members, employees, boards, commissions and their counsel
selected for all indemnities, the final seleclion of legal co~nsel shall be made
by the City. The indemnity does not cover costs attributable to a decision that
a CiCy p~blic official violated conflict laws in acting on tbe project. No later
than 30 (Yhirty) days following approval by the Planning Commission, or
approval by the City Council as a result of an appeal filed pursuant to Anaheim
Municipal Code § 18.60.13Q the legal proper[y owner shall provide a letter to
the City satisfactory to the City Attorney's Office memorializing t13e
foregoing.
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