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2004-096RESOLUTION NO. 2004R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 2 TO CYPRESS CANYON SPECIFIC PLAN NO. 90-3 TO AMEND ZONING BOUNDARIES (RECLASSIFICATION NO. 2004-00117). WHEREAS, on April 7, 1992, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim adopted Ordinance No. 5296 amending the zoning map to reclassify certain real property described therein into the Cypress Canyon Specific Plan No. 90-3 Zone subject to certain conditions as specified therein, and Ordinance No. 5297 relating to the establishment of Zoning and Development Standards for the Cypress Canyon Specific Plan No. 90-3 by the addition of Chapter 18.77 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 90-3, the City Council certified FEIR No. 298 with a Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program; and WHEREAS, the Cypress Canyon Specific Plan No. 90-3 Area is generally bounded by the Cleveland National Forest to the east, the Riverside (SR-91) Freeway to the north, unincorporated open space within the City's Sphere-of-Influence to the south, and the Mountain Park Specific Plan Area to the west (the western boundary of the Cypress Canyon Specific Plan area is approximately 5,712 feet east of the Gypsum Canyon Road/Santa Ana Canyon Road intersection); and WHEREAS, on June 6, 1995, the City Council adopted Ordinance No. 5500 amending thc conditions of approval set forth in Ordinance No. 5296 relating to the Cypress Canyon Specific Plan No. 90-03, which amendment revised Condition No. lC and Condition No. 2 of Ordinance No. 5296 ("Amendment 1 ") pertaining to Parcel Map No. 94-205; and WHEREAS, on January 11, 2000, the City Council adopted Ordinance No. 5716 amending Ordinance No. 5296 relating to Adjustment No. 1 to the Cypress Canyon Specific Plan No. 90-3, which adjustment authorized self-service laundry establishments subject to the approval of a conditional use permit; and WHEREAS, on March 8, 2004, pursuant to Chapters 18.03 and 18.93 of the Anaheim Municipal Code, 'the Anaheim City Planning Commission, by its Resolution No. PC2004-22, initiated a Reclassification application for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A (APPROXIMATELY 15 ACRES) - PARCEL MAP NO. 94-205, BEING A SUBDIVISION OF A PORTION OF PARCEL 1 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "LOT LINE ADJUSTMENT LL 85-22" RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85-304375 OF OFFICIAL RECORDS IN THE OFFICE OF .THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B (APPROXIMATELY 6z~8 ACRES)- PARCEL AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "LOT LINE ADJUSTMENT LL 85-22" RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85-304375 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, EXCEPTING PARCEL MAP NO. 94-205. WHEREAS, said reclassification proposed to reclassify the above-mentioned property, an approximate 663-acre area within the Cypress Canyon Specific Plan No. 90-3 Area, to the OS (Open Space) Zone to be consistent with the Open Space land use designation proposed for the Cypress Canyon Specific Plan Area as part of the General Plan Update Recommended Land Use Alternative ("the Cypress Canyon Specific Plan Area"); and WHEREAS, after further consideration and in recognition that the Cypress Canyon Specific Plan Area consists of two parcels including Parcel A (a privately-owned 15-acre parcel) and Parcel B (a 64g-acre parcel which has been purchased by the State of California for permanent open space uses as part of the Chino Hills State park), staff has recommended that General Plan Amendment No. 2004-00419 provide for the redesignation of Parcel A to the Low Medium Density Residential designation with a maximum density of up to 140 dwelling units, consistent with the number of units permitted by the Cypress Canyon Specific Plan Development Area 12 provisions and Parcel B to the Open Space designation; and w t-mKEAS, me proposed Low Medium Density Residential designation for Parcel A is the same designation proposed for the portion of the property encompassed by the Mountain Park Specific Plan area immediately adjacent to Parcel A; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004 at 1:30 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 18.03, to hear and consider evidence for and against said proposed reclassification in connection with Environmental Impact Report No. 330, General Plan Amendment No. 2004-00419, and Zoning Code Amendment No. 2004-00029 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, The Anaheim City Planning Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2004-47 finding and recommending that the City Council (1) determine that Final EIR No. 330 and its associated Mitigation Monitoring are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for Reclassification No. 2004-00117; and (2) approve the subject Petition for Reclassification, unconditionally, to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the Cypress Canyon Specific Plan No. 90-3 Zone to the RM-3 (Residential Multiple-Family) (for Parcel A) and OS (Open Space) (for 15arcel B) Zones; and WHEREAS, upon receipt of said Resolution, summary of evidence, report of findings and recommendations of the Anaheim Planning Commission, the City Council did fix the 25th of May, 2004, as the time, and the City Council Chambers in the Civic Center as the place for a public hearing on said proposed Reclassification No. 2003-00117 and did give notice thereof in the manner as provided by law; and WHEREAS, the City Council did duly hold and conduct said public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence, testimony and reports, and the recommendations and findings of the Anaheim City Planning Commission, as set forth in Planning Commission Resolution No. PC2004-47; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004R- , certified Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Overriding Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring Program No. 112 for The Platinum Triangle, and the amended monitoring program described as Mitigation Monitoring Program No. §5a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 320 fully complies with CEQA, reflects the independent judgment of the City Council, and is adequate to serve as the environmental documentation for (i) General Plan IXt3ClaSSlllCatlOI1 ~_~OtI~ Z-MII~IIIAIII~II[ IND. /-UU~-UUU/.N, pXlll~llqllllUllt INtl. Z. UU~-UU'-I-IN, 1i /_~Olllllg tin) No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary actions described in Environmental Impact Report No. 330; and WHEREAS, the City Council has approved General Plan Amendment No. 2004-00419 by its Resolution No. 2004- , including the amendment of the Land Use Element of the General Plan to change the current land use designation for Parcel A to the Low Medium Density Residential designation with a maximum density of up to 140 dwelling units, consistent with the number of units permitted by the Cypress Canyon Specific Plan Development Area 12 provisions and Parcel B to the Open Space designation; and WHEREAS, the City Council, after due consideration of the recommendations and findings of the Anaheim City Planning Commission, and all evidence, testimony and reports offered at said hearing, does hereby determine the following facts: 1. That the proposed reclassification would reclassify Parcels A and B from the Cypress · Canyon Specific Plan No. 90-3 zone to, respectively, the RM-3 (Residential Multiple-Family) zone (for a total of 140 dwelling units) and the OS (Open Space) zone. 2. That the proposed General Plan Update (General Plan Amendment No. 2004-00419) designates the area encompassed by Parcel A for Low Medium Density Residential land uses at a maximum density of 140 dwelling units and the area encompassed by Parcel B for Open Space land uses. 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 proximity to this property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification is compatible with surrounding zoning designations; and that approval will establish consistent land use and site development standards for the area; 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 in which it is now situated and incorporated in the zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of A . 1 · ,1 , /~'I ·, ~ '1 I 1 1 ~nanelm mat thecity councn aGesnereDy 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: PARCEL A (APPROXIMATELY 15 ACRES) - PARCEL MAP NO. 94-205, BEING A SUBDIVISION OF A PORTION OF PARCEL 1 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "LOT LINE ADJUSTMENT LL 85-22" RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85-304375 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, ! CALIFORNIA. PARCEL B (APPROXIMATELY 648 ACRES) - PARCEL AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN "LOT LINE ADJUSTMENT LL 85-22" RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85-304375 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, EXCEPTING PARCEL MAP NO. 94-205 into the RM-3 (Residential Multiple-Family) (Parcel A) and OS (Open Space) (Parcel B) Zones, respectively. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject properties; any 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 its sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25thday of ': ~:ay ,2004, by the following roll call vote: AYES' 'Mayor Curt Pringle Council Members, Tait, Chavez, McCracken NOES' none ABSENT: Hernandez ABSTAIN: none ATTEST: tC(I~Y CLE15,K OFt THE CITY OF ANAHEIM 54206.1