Resolution-PC 2008-106RESOLUTION NO. PC200$-106
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
RECLASSIFICATION NO. 2008-00215
(7260 CANYON RIM ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Raclassification from the T(SC) (Transition - Scenic Corridor Overlay) zone to the RS-3
(SC) (Single-Family Residential - Scenic Corridor Overlay) zone for certain real property
situated at 7260 Canyon Rim Road in the City of Anaheim, County of Orange, State of
Califomia, as more particularly described in ExhibiY "A" attached hereto and incorparated herein
by this reference.
WHEREAS, the property is vacant and is located in t}~e T(SC) (Transition -
Scanic Corridor Overlay) zone; that ihe Anaheim General Plan designates this property for Low-
Medium Hillside Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anal~eim on Ociaber 13, 2008 aY 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 there~viY6; and that said public hearing was continued to October 27, 2008; 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 properry from the T(SC)
(Transition - Scenic Corridor Overlay) zor~e to the RS-3 (SC) (Single-Family Residential -
Scenic Corridor Overlay) zone.
2. That the proposed RS-3 (SC) zone would be consistent with the existing Low-
Medium Hillside Residential Density land use designation of the Genera] Plan.
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 proposad xeclassification of subject property does properly relate to the
zones and their permitted uses locally established in close proximiry to subject property and to
the zones and their permitted uses generally established throughout the commtmity.
5. That three persons indicated their presence at said public hearing in opposition;
and that five correspondences were received in opposition to subject petition. One person related
some concerns pertaining to the subject project.
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NOW THEREFORE BE IT RESOLVED that the Anat~eim Planning Commission .
does hereby find that a Negative Declaration is adequate to serve as the required environmental
documentation in connection with this request.
BE IT FURfiHER RESOLVED that 1he Mahaim Planning Commission does '
hereby approve Petition for Reclassification to auYhorize an amendment to the Zoning Map of the
Anaheim Municipal Code Co exclude the above-described proparty from Tbe T(SC) (Transitian -
Scenic Corridor Overlay) Zone and ko incorporate said described property into the RS-3 (SC)
(Single-Family Residential - Scenic Corridor Overlay) Zone subject to the conditions of
approval described in Exhibit "B" attached hereto and incorporated by this reference which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
BE IT FURTHER RBSOLVED, that this resolution shall not constitute a rezoning
of, or a coznmitment by the City to rezone, the subject property; any such rezoning sbali require
an ordinance of The City Council, which shall be a legislative act, which may be approved or
denied by the Ciry Council at its sole discration.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicants 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 FURTHER RESOLVED that the appiicant is responsifile for paying all
charges related to the processing of d~is discxetionary case application within 15 days of the
issuance of the final invoice. 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 October 27, 2008. Said resolution is subject to the appeal provisions set forkh in
Chapter I 8.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN PROaTENhrORE. ANAHEIM PLANNING COMMISSION
ATTEST:
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LC~,d~ ~"~ `
SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Monis, 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 27, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 1~ day of
November, 2008.
~~~ ~
SECRETARY, ANAHEIM PLANNING COMMISSION
m
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EXHIBIT "A"
RECLASSIFICATION NO. 2008-00215
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EXHIBIT "B"
RECLASSIFICATION NO. 2008-00215
No. Conditions of Approval Responsible for
Monitorin
TIMING: PRIOR TO INTRODUCTIONOF ORDINANCE
1 That prior to introduction of an ordinance rezoning subject property, a Planning
preliminary title report shall be fumished to the Planning Services
Division showing the legai vesCing of Yitle, a legal description and
conkaining a map of the property.
GENERAL
2 That approval of this application constitutes approval of the proposed Planning
request only to the extent that it complies with the Anat~eim 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.
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