Resolution-PC 2006-9~ ~
RESOLUTION NO: P02006=9
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TMAT APPLICATION FOR RECLASSIFICATION NO. 2005-00172 BE GRANTED
(648 SOUTH MAGNOLIA AVENUE) :
WHEREAS, the Anaheim`Planning Commission did receive a verified application for
Reclassification for real property situated in the City of Anaheim, County of.Orange,'State of California,
described as follows:
THE NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH 6
ACRES OF THE WEST HALF OF THE !WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST: QUARTER OF
SECTION 18 TOWNSHIP 4` SOUTM RANGE 10 WEST IN `THE
RANCHO LOS COYOTES IN THE CITY OF ANAHEIM COUNTY OF _
ORANGE STATE OF CALIFORNIA AS PER MAP RECORDED' IN
BOOK 51 PAGE 7 ET SEQ OF MISCELLANEOUS MAPS IN THE
' OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a publichearing at the Civic Center in the City of-
Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly giVen as required by
Jaw 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 petitioner proposes reclassification of subject property from the T(Transition) zone to
the RM-3 (Residential, Multiple-Family), or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north, south,
and east for Low-Medium Density Residential land uses. The RM-3 zone is a typical implementation zone for
this land use 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 no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the T zone to the RM-3 zone, 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 Planning Commission does hereby
approve the subject Application for Reclassification to'authorize an amendmenf 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-3 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 health and safety of the Citizens of
the City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing thelegal vesting of title, a legal 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 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 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 completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005-05052 and TentativeTract Map Na 16974.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim 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.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicanYs 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 competentjurisdiction, 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.
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 RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures an m repla ed b a City Council Resolution
in the event of an appeal. .
AI N, NAHEIM PLANNING COMMISSION
ATTEST:
/!YZ,r~n..v~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _
-2- PC2006-9
~ ~
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
January 9, 2006, by the foNowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,'KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: GOMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~~ day of .r~.~c~r
2006.
~-..~.~-,-.- ~~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION