RES-2020-029 RESOLUTION NO. 2 0 2 0-0 2 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REPEALING GENERAL PLAN
AMENDMENT NO. 2017-00515 AND RESCINDING
RESOLUTION NO. 2020-012.
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. 2017-00515") for certain real property generally
located on the northeast corner of Serrano Avenue and Nohl Ranch Road and commonly referred
to as 6501-6513 Serrano Avenue 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 58 attached,
single-family residences; and
WHEREAS, General Plan Amendment No. 2017-00515 was proposed in
conjunction with a request for (i) approval of Reclassification No. 2017-00309 to reclassify the
Property from "C-G" General Commercial Zone to the "RM-3" Multiple-family Residential
Zone; (ii) approval of Conditional Use Permit No. 2017-05931 and Miscellaneous Case No.
2017-00654 to permit a 58-unit, attached single family residential project with modified
development standards and Tier II density bonus incentives; (iii) approval of Vesting Tentative
Tract Map No. 18104 to permit a 1-lot, 58 unit attached single-family residential subdivision of
the Property for condominium purposes, which is designated; and (iv) approval of Specimen
Tree Removal Permit No. 2018-00006 to remove Pepper Trees in the Scenic Corridor (SC)
Overlay Zone. Collectively, Reclassification No. 2017-00309, Conditional Use Permit No.
2017-05931, Miscellaneous Case No. 2017-00654, Vesting Tentative Tract Map No. 18104 and
Specimen Tree Removal Permit No. 2018-00006 are herein referred to as the "Proposed
Entitlements"; and
WHEREAS, in 2004, the City Council adopted a comprehensive update to the
Anaheim General Plan with the adoption of Resolution No. 2004R-95 ("Comprehensive
Update") and the adoption of General Plan Amendment No. 2004-00419; and
WHEREAS, pursuant to the comprehensive update and General Plan
Amendment No. 2004-00419, the Property was designated on the Land Use Element of the
General Plan for "Neighborhood Center" uses; and
WHEREAS, General Plan Amendment No. 2017-00515 proposed to amend
"Figure LU-4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re-
designate the Property from the "Neighborhood Center" to the "Low-Medium Density
Residential" land use designation; and
WHEREAS, on October 28, 2019, following a duly noticed public hearing, and
after due inspection and study made by itself, and in its behalf, and after due consideration of,
and based upon, all evidence and reports offered at said public hearing, the Anaheim City
Planning Commission adopted Resolution 2019-045 denying General Plan Amendment No.
2017-00515 thereby denying the Project Entitlements which were contingent upon, and subject
to, approval of General Plan Amendment No. 2017-00515; and
WHEREAS, within the time prescribed by law, the Project applicant did appeal
said Planning Commission decision to the City Council; and
WHEREAS, thereafter, the City Council did set the matter for public hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, on December 17, 2019, and January 14, 2020, at the time and place
fixed for said public hearing,the City Council did hold and conduct such public hearing, did give
all persons interested therein an opportunity to be heard, did receive evidence and reports; did
consider the recommendations and action of the Planning Commission, and did continue its
deliberation of the matter to January 28, 2020; and
WHEREAS, on January 28, 2020, the City Council adopted its Resolution No.
2020-012 adopting General Plan Amendment No. 2017-00515; introduced Ordinance No. 6479
to rezone the Property; and, adopted Resolution Nos. 2020-011, 2020-013, 2020-014, and 2020-
015 approving the Project Entitlements; and
WHEREAS, as set forth in Resolution Nos. 2020-013, 2020-014, and 2020-015,
approval of the Project Entitlements was contingent upon, and subject to, adoption by the City
Council of Ordinance No. 6479 amending the City's Zoning Map and rezoning the Property from
the "C-G" General Commercial Zone to the "RM-3" Multiple-Family Residential Zone; and
WHEREAS, City Charter Section 511 requires no less than 5 days between
introduction the of Ordinance No. 6479 and adoption; and
WHEREAS, City Council considered adoption of Ordinance No. 6479 on
February 11, 2020. Following deliberation and consideration by City Council, a motion to adopt
Ordinance No. 6479 failed to obtain the requisite four(4) votes per City Charter; and
WHEREAS, due to the City Council's failure to adopt Ordinance No. 6479 on
February 11, 2020, the condition precedent to approval of the Project Entitlements has not been
satisfied; and
WHEREAS, the City Council therefore desires to set aside its approval of
General Plan Amendment No. 2017-00515 and rescind Resolution No. 2020-012 relating to the
2
approval of General Plan Amendment No. 2017-00515.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That City Council approval of General Plan Amendment No. 2017-00515 is
hereby rescinded, and, as a result thereof, the Property is designated on the Land Use Element of
the General Plan for "Neighborhood Center" as set forth in the Comprehensive Update and
General Plan Amendment No. 2004-00419.
SECTION 2.
That Anaheim City Council Resolution No. 2020-012, which heretofore approved
General Plan Amendment No. 2017-00515, be, and the same are hereby, rescinded in its entirety.
SECTION 3.
That Anaheim City Council Resolution No. 2020-012, and General Plan
Amendment No. 2017-00515, shall be of no further force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10th day of March, 2020, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Barnes, Moreno and O'Neil
NOES: Mayor Pro Tem Faessel and Council Members Brandman and Kring
ABSENT: None
ABSTAIN:None
CITY OF ANAHEIM
By ,/I , 1 II
Y air H 'IT t SITAVAllw EIM
ATTEST: /
CITY CLERK OF TH CITY OF ANAHEIM
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EXHIBIT "A"
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4
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-029 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 10th day of March, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Barnes, Moreno, and O'Neil
NOES: Mayor Pro Tern Faessel and Council Members Brandman and Kring
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of March, 2020.
CITY CLER OF THE CITY OF ANAHEIM
(SEAL)