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Resolution-PC 2008-52RESOLUTION NO. PC2008-52 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING RECLASSIFICATION NO. 2008-00216 (770 NORTH EAST STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 770 North East Street in the City of Anaheim, County of Orange, State of California, as more particularly described in E~ibit "A° attached hereto and incorporated herein by this reference. WHEREA3, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri128, 2008 at 230 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 heaz and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendarions 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 RS-2 (Single-Family, Residential) zone to the GG {Commercial, General) zone. Z. That the proposed GG zone would be consistent with the proposed General Plan Amendment No. 2008-00464 General Commercial land use designation of the General Plan, which is proposed concunently with this project. 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 pro~timity to subject properiy and to the zones and their permitted uses generally established throughout the community. 5. That a person indicated their presence at said public hearing in opposition; and that a letter was received in opposirion to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Coimnission has reviewed the proposal and does hereby find and determine that the Negative Declazation reflects the independent judgment of the lead agency and that it has considered the Negative Declazation together with any conunents 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 projact will have a significant effect on the envaronment. -1- PC2008-52 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hexeby 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 RS-2 (Single-Family, Residential) Zone and to incorporate said described property into the GG (Commercial, General) Zone subject to the approval of General Plan Amendment No. 2008- ' 00464 and upon the following condirions 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 Anaheun: No. Conditions of Approval Responsible for Monitorina TIMINGr PRIOR TO INTRODUCTION'OF ORDINANCE 1 That this application for reclassification is subject to the approva] of Planning General Plan Amendment No. 2008-00464, proposed concurrently with this project. 2 A sewer study shall be submitted to the Public Works Depariment, Planning Development Services Division for review and approval. The Study sha11 include an analysis of all sewer impacts to the existing sanitary sewer system based upon the ultunate project build-out condition. If any segment of the e~sting sewer pipe flows full then development will be restricted, construction of new sewer facilities will be required or denial of the permit may result. The sewer study discussion shall be based upon and reference the applicable City of Anaheim Master Plan of Sanitary Sewers for the project area. GENERAL< 3 'I'hat approval of this application constitutes approval of the proposed Planning 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 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 applicaziYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed 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. -2- PC3008-52 BE IT FURTHER RESOLVED that the applicant is rasponsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in delays in the issuance of required pemzits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 28, 2008. 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 may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAI A, N EIM PL ING COMMISSION SENIOR SECRETARY, STATE OF CALIFOI2NIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION 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 Apri128, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: CONIMISSIONERS: NONE ABSTAINED: COMMISSIONERS: ICARAICI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ~, 2008. ~~ ~Z$'v« SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-~2 __. -- - _____ _ .. - - _ _ _ _ _ _ __ _ ~U ~ ~ ~ Y ~ ~ Q Subject Property o ,o wo ~ Feet , LA PALMA AVE W"~~ ~ ~ ~ ~ ~ ~~ ~ 9ource: Recorded Tract Maps and/or City GIS. Please nole the accuracy is +/- tWO lo fve (eel. ~ ~ ~ I o ~ ~ <°~ !o m , £ I= ~w I § E APFW.APVE ~ ~ _; , ~ ~ ~. ~, ~;, ; , P~ m . ~ y E~WCOWPVE ~ P~WPY E.B0.0 General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street 10523,