RES-2015-151 RESOLUTION NO. 2015 -151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT
NO. 2014 -00497 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH.
(DEV2014- 00033)
(2848 AND 2901 -2905 EAST SOUTH STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified Petition for an amendment to the Land Use Element of the
General Plan ( "General Plan Amendment No. 2014 - 00497 ") for certain real property commonly
known as 2848 and 2901 -2905 East South Street in the City of Anaheim, County of Orange,
State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property "), for the purpose of allowing the applicant
to construct 20 detached, small lot single - family residences (the "Project "); and
WHEREAS, the Property is approximately 3.4 acres in size and is located, in part, in the
"RS -3" Single - Family Residential Zone and, in part, in the "T" Transition Zone. Portions of the
Property are designated on the Land Use Element of the General Plan for "Open Space" land
uses, "Parks" uses, and "Low Density Residential" land uses; and
WHEREAS, General Plan Amendment No. 2014 -00497 proposes to amend "Figure LU-
4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re- designate those
portions of the Property designated as "Open Space" and "Parks" to "Low Density Residential"
land uses so that the entirety of the Property will be designated for "Low Density Residential"
land uses; and
WHEREAS, General Plan Amendment No. 2014 -00497 is proposed in conjunction with
a request: (i) to rezone or reclassify the Property from the "RS -3" Single - Family Residential
Zone and the "T" Transition Zone to the "RS -4" Single - Family Residential Zone, which
reclassification is designated as "Reclassification No. 2014- 00272 ", (ii) for approval of a
conditional use permit to permit a 20 -unit, detached small -lot single family residential project
with modified development standards, which is designated as "Conditional Use Permit No. 2014-
05769", (iii) for approval of a variance to permit the construction of driveway lengths less than
required by the Zoning Code and a deviation from the City's private street standard pertaining to
parkway widths, which is designated as "Variance No. 2014 - 05004 ", and (iv) for approval of a
tentative tract map to permit a 20 -lot single - family residential subdivision of the Property, which
is designated as "Tentative Tract Map No. 17819 "; and
WHEREAS, General Plan Amendment No. 2014- 00497, Reclassification No. 2014-
00272, Conditional Use Permit No. 2014- 05769, Variance No. 2014- 05004, Tentative Tract Map
No. 17819, and the Project, itself, shall be referred to herein collectively as the "Proposed
Project "; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA "), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ( "MND ") was prepared to
evaluate the physical environmental impacts of the Proposed Project. The MND was circulated
for a 30 -day public review period from February 13, 2015 through March 15, 2015 and was also
made available for review on the City's website at www.anaheim.net; and
WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public
pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with
jurisdiction over resources that will be affected by the Proposed Project pursuant to Section
15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to
Section 15072(a) of the State CEQA Guidelines; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures
that are specific to the Proposed Project (herein referred to as "MMP No. 323 "); and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on March 23, 2015, at 5:00 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, to consider the MND and to hear and consider
evidence for and against the Proposed Project and related actions, and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did receive evidence and
reports concerning the contents and sufficiency of the MND, and did adopt its Resolution No.
PC2015 -025 containing a report of its findings, a summary of the evidence presented at said
hearing, and finding and determining and also recommending that the City Council so find and
determine that the MND and MMP No. 323 satisfy all of the requirements of CEQA, the State
CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate
environmental documentation for the Proposed Project. Accordingly, the Planning Commission
approved and adopted the MND and recommended that the City Council also approve and adopt
the MND and MMP No. 323 and the Proposed Project; and
WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2015 -025
(relating to the MND and General Plan Amendment No. 2014 - 00497), Resolution No. PC2015-
026 (relating to Reclassification No. 2014 - 00272), and Resolution No. PC2015 -028 (relating to
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Conditional Use Permit No. 2014 -05769 and Variance No. 2015- 05004), and Resolution No.
PC2015 -027 (relating to Tentative Tract Map No. 17819), a summary of evidence, report of
findings and recommendations of the Planning Commission, the City Council did fix the 21st
day of April, 2015, as the time, and the City Council Chamber in the Civic Center, as the place,
for a public hearing on the Proposed Project and for the purpose of considering the MND and
MMP No. 323, and did give notice thereof in the manner and as provided by law; and
WHEREAS, complete copies of the MND and MMP No. 323 were presented to the City
Council for review and consideration at the meeting at which this Resolution was adopted.
Complete copies of the MND and MMP No. 323 are on file and can be viewed in the City's
Planning Department located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California
and are also available for purchase; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the City Council considered all factors
relating to the Proposed Project and the MND and MMP No. 323, and the recommendations of
the Planning Commission; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines
and the City's Local CEQA Procedure Manual, this City Council approved and adopted the
MND and MMP No. 323 for the Proposed Project; and
WHEREAS, this City Council, after due consideration, inspection, investigation and
study made by itself, and after due consideration of all evidence and reports offered at said
hearing with respect to General Plan Amendment No. 2014 - 00497, does hereby find and
determine as follows:
1. That proposed General Plan Amendment No. 2014 -00497 maintains the internal
consistency of the General Plan, as the proposed modifications to the General Plan are consistent
with Goals 1.1, 2.1, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and
enhance the quality and character of Anaheim's mosaic of unique neighborhoods, to continue to
provide a variety of quality housing opportunities, to address the City's diverse housing needs,
and promotes development that integrates with and minimizes impacts to surrounding
neighborhoods.
2. Proposed General Plan Amendment No. 2014 -00497 would not be detrimental to
the public interest, health, safety, convenience, or welfare of the City in that the proposed
amendment to the Anaheim General Plan would result in residential development opportunities.
3. Proposed General Plan Amendment No. 2014 -00497 would maintain the balance
of land uses within the City because the proposed amendment would provide quality housing
opportunities to address the City's diverse housing needs and would be consistent with the
existing Low Density Residential designation for the neighboring properties to the south and
west.
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4. The Property to be re- designated by proposed General Plan Amendment No.
2014 -00497 is physically suitable to accommodate the proposed modification, including but not
limited to, access, physical constraints, topography, provision of utilities, and compatibility with
surrounding land uses because the project is designed to integrate into the surrounding
neighborhood.
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that
the facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentation, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that detract from
the findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this City Council does hereby approve and adopt General Plan Amendment
2014 - 00497, as shown on Exhibit A attached to this Resolution.
BE IT FURTHER RESOLVED that General Plan Amendment 2014 -00497 is hereby
approved contingent upon and subject to the approval by the City Council of Reclassification
No. 2014 - 00272, now pending.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 21 day of April , 2015, by the following roll call vote:
AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman and Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
CITY OF ANAHEIM
MA OR OF THE CITY OF AN EIM
ATTEST
CITY CLERK OF THE CITY OF ANAHEIM
108707/TJR
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Exhibit A
General Plan Amendment No. 2014-00497
Land Use Element - Figure LU-4: Land Use Plan
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Existing Land Use Designations
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Proposed Land Use Designations
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