RES-2016-135RESOLUTION NO. 201 6-1 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING GENERAL PLAN
AMENDMENT NO. 2015-00505.
(DEV2015-00101)
(415 SOUTH ANAHEIM HILLS ROAD)
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 Amendment ("General Plan Amendment No. 2015-00505") for certain real
property commonly known as 415 South Anaheim Hills Road 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 60 single-family, attached condominium units (the "Project"); and
WHEREAS, the Property is approximately 8.4 acres in size and is located in the "OS"
Open Space Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Anaheim Municipal Code (the "Code") apply to the Property. The Property is designated on
the Land Use Element of the General Plan for "Open Space" and "Water" land uses; and
WHEREAS, General Plan Amendment No. 2015-00505 proposes to amend "Figure LU -
4: Land Use Plan" of the Land Use Element of the General Plan to re -designate those portions of
the Property designated as "Open Space" and "Water" land uses to "Corridor Residential", "Open
Space" and "Water" land uses so that a portion of the Property will be designated for "Corridor
Residential" land uses and a portion of the Property will remain "Open Space" and "Water" land
uses; and
WHEREAS, General Plan Amendment No. 2015-00505 is proposed in conjunction with
a request (i) to rezone or reclassify the Property from the "OS" Open Space Zone to the "RM -1"
Multiple -Family Residential Zone, which reclassification is designated as "Reclassification No.
2015-00284", (ii) for approval of a conditional use permit to permit a 60 -unit, attached single
family residential project with modified development standards, which is designated as
"Conditional Use Permit No. 2015-05832", (iii) for approval of a tentative tract map to permit a
60 -unit, attached single-family residential subdivision of the Property, which is designated as
"Tentative Tract Map No. 17959", and (iv) for approval of Development Agreement No. 2016-
00003 to provide the Developer a vested right to develop the Project in accordance with General
Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit
No. 2015-05832 and Tentative Tract Map No. 17959 for the term of the Development
Agreement; and
WHEREAS, General Plan Amendment No. 2015-00505, Reclassification No. 2015-
00284, Conditional Use Permit No. 2015-05832, Tentative Tract Map No. 17959, Development
Agreement No. 2016-00003 and the Project 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, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project; 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. 333"). A complete
copy of MMP No. 333 is on file and can be viewed in the Planning Services Division of the City;
and
WHEREAS, on June 13, 2016, the Planning Commission held a public hearing, notice of
said public hearing having been duly given as required by law and in accordance with the
provisions of the Code, to consider the Mitigated Negative Declaration 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, based upon a thorough review of the Proposed Project and the Mitigated
Negative Declaration, including MMP No. 333 and the comments received and the responses
prepared, the Planning Commission adopted its Resolution No. PC2016-050 on June 13, 2016,
finding that the Proposed Project will have a less than significant impact upon the environment
with the implementation of the conditions of approval and the mitigation measures contained in
MMP No. 333 and recommending that this City Council approve and adopt the Mitigated
Negative Declaration and MMP No. 333; and
WHEREAS, by the adoption of its Resolution No. PC2016-051 on June 13, 2016, the
Planning Commission recommended that the City Council approve and adopt proposed General
Plan Amendment No. 2015-00505 in the form attached hereto as Exhibit A and incorporated
herein by this reference, contingent upon and subject to the adoption of an ordinance rezoning or
reclassifying the Property from the "OS" Open Space Zone to the "RM -1" Multiple -Family
Residential Zone in accordance with Reclassification No. 2015-00284, now pending, which will
define the allowable land uses and property development standards for the Property in
accordance with Chapter 18.06 (Multiple Family Residential Zones) of Title 18 (Zoning) of the
Code; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2016-050,
PC2016-051, PC2016-052, PC2016-053, PC2016-054 and PC2016-055, a summary of evidence
and a report of the findings and recommendations of the Planning Commission, the City Council
did fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center,
2
as the place, for a public hearing on the Proposed Project and for the purpose of considering
evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the Proposed
Project, and did give notice thereof in the manner and as provided by law; and
WHEREAS, on July 12, 2016, the City Council did conduct a public hearing to hear and
consider evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the
Proposed Project and to investigate and make findings in connection therewith; 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 found and determined, among
other things, that the Proposed Project will have a less than significant impact upon the
environment with the implementation of the conditions of approval and the mitigation measures
attached to that concurrent Resolution and contained in MMP No. 333 and, accordingly,
approved and adopted the Mitigated Negative Declaration and MMP No. 333; and
WHEREAS, at said public hearing, upon hearing and considering the recommendations
of the Planning Commission, all evidence and reports offered at said hearing, and all testimony
and arguments (if any) of all persons desiring to be heard pertaining to the request to approve
General Plan Amendment No. 2015-00505, this City Council does hereby find and determine as
follows:
1. That proposed General Plan Amendment No. 2015-00505 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 to
promote development that integrates with and minimizes impacts to surrounding
neighborhoods.
2. That proposed General Plan Amendment No. 2015-00505 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. That proposed General Plan Amendment No. 2015-00505 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 compatible with the existing Low -Medium
Density Residential designation of the neighboring property to the south.
4. That the Property to be re -designated by proposed General Plan
Amendment No. 2015-00505 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.
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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 presentations, 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 No.
2015-00505 in the form attached hereto as Exhibit A, contingent upon and subject to the
adoption of (i) an ordinance rezoning or reclassifying the Property from the "OS" Open Space
Zone to the "RM -1" Multiple -Family Residential Zone in accordance with Reclassification No.
2015-00284, now pending, which will define the allowable land uses and property development
standards for the Property in accordance with Chapter 18.06 (Multiple Family Residential Zones)
of Title 18 (Zoning) of the Code, and (ii) the mitigation measures set forth in MMP No. 333
approved in conjunction with the aforementioned Mitigated Negative Declaration.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 12 day of July , 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
ATTEST -
CITY CLERK OF THE CITY OF NAHEIM
117812v1/TJR
E!
CITY OF ANAHEIM
A OR OF THE CITY OFA EIM
PRO TEM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2016-135 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 12th day of July, 2016, by the following vote of the members
thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt
NOES: None
ABSTAIN: None
ABSENT: Mayor Tait
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 26th day of July, 2016.
V� al��MA
(SEAL)
EXHIBIT "A"
DEV NO. 2015-00101
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Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
Existing General Plan Land Use Designations: Open Space and Water Uses
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Proposed General Plan Land Use Designations: Open Space, Water Uses, and Corridor Residential
Estate Density Corridor Residential - Open Space
Low Density Neighborhood Center - Parks
Low Medium Hillside Density Commercial Recreation - water Uses
Low Medium Density - Institutional
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Existing Zoning Designation: Open Space; Scenic Corridor (SC) Overlay Zone
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Proposed Zoning Designations: Open Space (OS) and Multiple -Family
Residential (RM -1); Scenic Corridor (SC) Overlay Zone
- RH-2 RS -2 RM -1 OS
- RH-3 RS -3 RM -2 - C -G
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