Resolution-PC 2004-76~ ~
RESOWTION NO. PC2004-76
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00125 BE GRANTED
(2040 SOUTH HASTER STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reciassification for real property situated in the City'of Anaheim, County of Orange, State of California,
described as follows:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4,'RANGE
90 MORE PARTICULARLY DESCRIBED ASFOLLOWS: `
THE WESTERLY 175` FEET OF THE NORTHERLY 100 FEET-OF THE SOUTHWEST
QUARTER-0F TNE NORTHWEST QUARTER OF SECTION`26, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON ' DE SANTA ANA, CITY `OF
ANAHEIM, AS PER MAP RECORDED lN BOOK 51, PAGE(S) 10, MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 26, 2004 at 1:30 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 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 #ind
and determine the following facts:
1. That the petitioner proposes reclassification of subject property from the T(Transition) zone
to the RM-4 (Multiple-Family Residential) zone or less intense zone.
2. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
• 3. That the proposed reclassification is consistent with the Residential Medium land use
designation for the property and properly relates 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.
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify this property from the T zone to the RM-4 or less
intense zone and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the 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, THEREFORE, BE IT RESOLVED that the Anaheim City 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 property from the T zone and to incorporate said :
described property into the RM-4 zone upon the following conditions which are hereby found to be a ,/
CR1PC2004-076 -1- PC2004-76
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necessary prerequisite to the proposed use of subject property in order ta preserve the safety and general
welfare of the Citizens of the City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary titlereport shall be
furnished to theZoning Division showing the legal vesting of title, a legal description and containing a
map of the property. :
2. That the applicant shall beresponsible for paying all charges related to the processing of this
discretionary application within 30 days of the issuance of a final invoice or prior to issuance of a
' building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of
required permits or the revocation of this entitlement. '
3. That prior to placement of an ordinancerezoning subject property on an agenda for City Council
consideration, Condition Na 1, above-mentioned, shall be'completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth
in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by#his
resolution shall become null and void by action of the Planning Commission unless said conditions are
complied with within one (1) year from the date of this resolution, or,such further,time as the Planning
Commission may grant.
4. 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 include any action or findings as to compiiance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
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 conditions, 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 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.
THE FOREGOING RESOLUTION was adopted at Planning Commission meeting of July
26, 2004. Said resolution is subject to the appeal provisio rth in Chapter 18.60 `Procedures" of the
Anaheim Municipal Code pertaining to appeal proced ay be e ed y a Gity Council Resolution
in the event of an appeal.
HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTS:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-2- PC2004-76
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I, Pat Chandler, 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 July 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, VANDERBILT-LINARES
ABSTAIN: ' COMMISSIONERS: O'CONNELL
ABSENT: COMM4SSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT ~1
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2004.
SENIOR SE RETARY, ANAHEIM CITY PLANNING
COMMISSION