2004-015RESOLUTION NO. 2004-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND
THAT THE BOUNDARIES OF CERTAiN ZONES SHOULD BE
CHANGED.
WHEREAS, the City Planning Commission of the City of Anaheim did hold a
public hearing in Reclassification Proceedings No. 2003-00112 (Area 2) to consider an
amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, and to
consider a change in the boundaries of the zone or zones hereinafter mentioned and described
and, at said hearing, did receive evidence and reports from persons interested therein and from its
staff: and
WHEREAS, within a period of forty (40) days following said heating, the
Planning Commission did duly adopt a resolution containing a report of its findings, a summary
of the evidence presented at said hearing and approved the proposed amendment; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
the City Council, on its own motion, caused the review of said Planning Commission action; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing and did give all persons interested therein an
opportunity to be heard, and did receive evidence and reports, and did consider the same; and
WHEREAS, the City Council, 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 "5 Points Neighborhood" and Area 2 is developed primarily with
single-family dwellings including some second units and granny units (which may or may not
conform with Code regulations), and some multiple-family units and vacant parcels.
2. That the Anaheim General Plan designates the properties within Area 2 for
Medium Density Residential Land Use; and that the proposed RS-5000 zoning is consistent with
the density range for said land use designation.
3. That the proposed reclassification of subject properties is necessary and/or
desirable for the orderly and proper development of the community.
4. That the proposed reclassification of subject properties does properly
relate to the zones and their permitted uses locally established in close proximity to subject
properties and to the zones and their permitted uses generally established throughout the
community.
5. That the proposed reduction in density of three units in Area 2 is consistent with
the General Plan, including the Housing Element, and that the remaining sites identified in the
Housing Element are adequate to accommodate the City's share of the regional housing needs, as
there will be no net loss of Housing Opportunity Sites resulting from the proposed
reclassification, as analyzed in paragraphs (17) through (21) of the Staff Report to the Planning
Commission dated November 17, 2003; and
WHEREAS, the City Council does find and determine that the Zoning Map
referred to in Title 1 § of the Anaheim Municipal Code should be amended and that the property
hereinafter described should be excluded from the zone or zones in which it is now situated and
incorporated in the zone and zones as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City Council does hereby declare and indicate its intention to amend the
Zoning Map of the City of Anaheim and to rezone and reclassify the following described
property, situated in the City of Anaheim, County of Orange, State of California, to-wit:
Area 2 as shown and described on Exhibit A entitled
"Reclassification No. 2003-00112" attached hereto and
incorporated herein by this reference (hereinafter "Area 2"), and
more specifically described as that certain 0.7 acres of land located
at the northwest comer of Broadway and Walnut Street and
haveing a frontage of 245 feet on the est side of Walnut Street and
a maximum depth of 175 feet,
into the RS-5000 (Residential, Single-Family) Zone of the City of Anaheim, unconditionally;
BE IT FURTHER RESOLVED that any new multiple-family residential project in
Area 2 which has received a valid building permit or which is in plan check in the Building
Division as of 5 p.m. on November 17, 2003, shall be permitted provided that said project is in
compliance with all applicable existing multiple-family residential development standards, and
further provided that: (i) for any project that received a valid building permit as of 5 p.m. on
November 17, 2003, construction shall have commenced and shall be completed within a period
of three hundred sixty five (365) days from the date the building permit was issued, unless said
time period is duly extended by the Building Official; and (ii) for any project that is in plan
check as of 5 p.m. on November 17, 2003, a valid building permit shall have been obtained
within a period of one hundred eighty (180) days from the date of this Resolution and
construction shall have commenced and shall be completed within a period of three hundred
sixty five (365) days from the date the building permit is issued, unless said time period is duly
extended by the Building Official.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed 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 the City Council of the City of Anaheim does
hereby find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
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 this resolution shall not constitute a rezoning
of, or a commitment by the City to rezone, the subject property; an3, said 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 is sole discretion.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 27th day of January, 2004.
MAYO~I~OF THE CITY~)F~.~NAI-tEIM
ATTEST:
~IT~Y CLEIS, K {ifF THE CITY OF ANAHEIM
52941.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2004-15 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27th day of January 2004, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hernandez,
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
/
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)