Resolution-PC 2006-48~ ~
RESOLUTION NO. PC2006-48
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2006-00~77 BE GRANTED
(529 SOUTH WEST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County`of Orange, State of California,
described as follows:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 0000565 EVIDENCED,BY
DOCUMENTRECORDED MAY 9, 2005 AS INSTRUMENT N0: 354050 OF OFFICIAL
RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on May31, 2006, 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 ,4naheim' 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 andreports 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 RS-2 (Residential Single Family) zone. '
2. That the Anaheim General Plan designates this property antl surrounding properties for Low
Density Residential land uses. The RS-2 zone is a typical implementation zone for this land designation.
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 2 people indicated their presence at said public hearing in opposition; and that a letter was
received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning '
Commission has reviewed the proposal to reclassify the subject property from the T(Transition) zone to the RS-
2(Single-Family Residential) 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 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-descdbed property from the T(Transition) Zone and to incorporate said
described property into the RS-2 (Single-Family Residential) Zone upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
CR\PC2006-48 -1- PC2006-48
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1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of titie, a legat description and
containing a map of the property.
` 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shalf'be completed. The City Council mayapprove 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 this 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.
3. That approval of this'appfication constitutes approval of the proposed request onfy to the extent that it
complies with the Anaheim MunicipalZoning 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 FURTHERRESOLVED, 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 shalf be a Iegislative 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 declared invafid 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 the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOWTION was adopted at the Planning Commission meeting of May 31,
2006. Said resolution is subject to the appeal provisions set forth in Chapter 18 rocedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be replaced~ ouncil R ol ' in the event
of an appeaL `
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CHAIRMAN, ANAl~4EIM PLANNING COMMISSION
ATTEST:
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SEIVIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2= ' PC2006-48
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` STATE OF CALIFORNIA )
COUNTY OF ORANGE ' j ss.
CITY OF ANAHEIM _ )
l, 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
May 31, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
JN WITNESS WHEREOF, I have hereunto set my hand this ~ day of h~- ,
2006.
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SENIOR SECRETARY,-ANAHEIM PLANNING COMMISSION