Resolution-PC 2006-85• •
RESOLUTION NO. PC2006-85
A RESOLUTION OF THE ANAHEIM PLANNING"COMMISSION '
THAT PETITION FOR RECLASSIFICATION NO. 2006-00179'BE GRANTED
(3530 - 3540 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verifiedpetition for
Reclassification for reaf property situated in.the City of Anaheim, `County of Orange, State of California,
described as follows:
PARCEL A: PARCEL'1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA; AS SHOWN-0N A MAP FILED IN BOOK 28, PAGE 31 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: AN EASEMENT FOR RAILROAD AND INCIDENTAL PURPOSES OVER
THAT PORTION OF LpT 2 IN SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN
BERNARDINO MERIDIAN, AS SHOWN ON A MAP FILED {N BOOK 1, PAGE 29 -0F
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CAUFORNIA, CONTIGUOUS TO THE HEREINASOVE DESCRtBED PARCEL A,
' DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF ABOVE SAID PARCEL A WITH 1TS
IfVTERSECTION WITH A LINE PARALLEL WITH AND 15.00 FEET WESTERLY, MEASURED
AT RIGHT ANGLES FROM THE WESTERLY LINE OF THE 100.00-FOOT RIGHT-OF-WAY
OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS RECORDED
JULY 11, 1887; THENCE ALONG tAST SAID SOUTHERLY LINE, SOUTH 73° 59' 41" EAST
15.00 FEET TO SAID WESTERLY LWE; 7HENCE ALONG SAID WESTERLY LINE, SOUTH
16° 00' 19" WEST 120.11 FEET TO ITS INTERSECTION WITH A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 483.34 FEET, SAID CURVE BEING
TANGENT AT ITS NORTHERLY TERMINUS WITH LAST SAID PARALLEL LINE, A RADIAL
LWE OF SAID CURVE THROUGH SAID POINT BEARS NORTH 88° 13' 57" WEST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 14' 16" AN ARC _
DISTANCE OF 121.35 FEET TO THE POINT OFBEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on October 2, 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 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 SP 94-1, D.A. 4
(Northeast Area Specific Plan No. 94-1; Transit Core Area) to the SP 94-1, D.A. 4(MU} (Northeast Area Specific
Plan No. 94-1; Transit Core Area; Mixed Use Overlay) zone.
2. That the Anaheim General Plan designates the property for Mixed Use land uses and the
proposed SP94-1, D.A. 4(MU) zone is the appropriate implementation zone for this land use designation.
3. That the proposed reclassification of subject property is necessary ar-d/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 focaffy established in close proximity to subjecf property and to the zones and their permitted
CR\PC2006-85 -1- PC2006-85
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uses generally established #hroughout the community because it would result in a residential project that is '
consistent with the type of housing envisioned for the Canyon Area.
5. That a person indicated their presence at said public hearing in opposition; and thatno
'correspondence was received in opposition to subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby,approve the Mitigated Negative Declaration and the
associated Mitigation Monitoring Program upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the Mitigated Negative Declaration and together with any comments
received during the public review process and further finding on #he basis of the initial study and any comments
'received that there is no subsfantial evidence that the pro}ect 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 theZoning Map of the Anaheim
Municipal Code to exclude the above-described property from the SP 94=1, D.A. 4(Northeast Area Specific Plan
No. 94-1; Transit Core Area) zone and to incorporate said described property into the SP 94-1, D.A. 4(MU)
(Northeast Area Specific Plan No. 94-1; Transit Gore Area; Mixed Use Overlay)zone based upon the following
conditions which are hereby found to be a necessary prerequisite to theproposed use of subject property in
order topreserve the safety and general welfare'of the Citizens of the City of Anaheim:
1. - That prior to introduction of an ordinance rezoning "subject property or within one (1) year, whichever is
less, a preliminary title report shall be furnished to the Planning Services Division showing the legal
vesting of title, aJegal description and containing a map of the property.
2. That the approval of Reclassification Na 2006-00179 is granted subject to the approval of Conditional
Use Permit No. 2006-05109, now pending. :
3. 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
regufations. 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 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 IT FURTMER 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 approvaf of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 2, 2Q06. 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 yb replaced by a City Council Resolution
in the event of an appeaL •
CHAIRMAN, AN EIM PLANNING COMMISSION
ATTEST: -
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
-COUNTY OF ORANGE ' ) ss.
CITY OF ANAHEIM )
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
October 2, 2006; by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL; FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, KARAKI
1N WITNESS WHEREOF, I have hereunto set my hand this ~ day of QC~ Z~~b-~ ,
2006. -
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION