RES-2010-049RESOLUTION NO. 2010 -049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING RECLASSIFICATION NO.
2009 - 00229. (DEV2009- 00069)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
the "Planning Commission ") did receive a verified petition for reclassification, designated as
Reclassification No. 2009- 00229, to reclassify or rezone the property located at 401 West Carl
Karcher Way and 1325 North Anaheim Boulevard in the City of Anaheim, County of Orange,
State of California, as more particularly shown in the attached map marked as Exhibit "A" and
incorporated herein by this reference (the "subject property "), from the T (Transition) and I
(Industrial) Zones to the C -G (General Commercial) Zone; and
WHEREAS, the subject property is currently developed with office and restaurant
uses and is zoned T (Transition), C -G (General Commercial) and I (Industrial). The General
Plan designates this property for Office Low, General Commercial and Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 15, 2010 at 3:30 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 18.60 "Procedures ", to hear and consider evidence for and against
Reclassification No. 2009 -00229 and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did adopt its
Resolution No. PC2010 -017 containing a report of its findings, a summary of the evidence
presented at said hearing, and recommending that Reclassification No. 2009 -00229 be approved
by the City Council; and
WHEREAS, Reclassification No. 2009 -00229 is proposed in conjunction with
General Plan Amendment No. 2009 -00475 to amend the Land Use Element of the Anaheim
General Plan to redesignate the subject property from the Office Low and Industrial land use
designations to the General Commercial land use designation; and
WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the
City Council is the approval authority for general plan amendments; and
WHEREAS, prior to adopting or amending a general plan, the City Council is
required to hold at least one public hearing, notice of such public hearing to be provided as
required by state law; and
WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal
Code, when multiple discretionary land use applications are submitted for concurrent Planning
Commission review and approval, and one or more of such applications requires City Council
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review and approval, all such applications shall be subject to full review and approval by the
City Council as the granting authority; and
WHEREAS, upon receipt of said Resolution No. PC2010 -017, summary of
evidence, report of findings and recommendations of the Planning Commission, the City Council
did fix the 27th day of April, 2010, as the time, and the City Council Chamber in the Civic
Center as the place for a public hearing on said proposed Reclassification No. 2009 -00229 and
did give notice thereof in the manner and as provided by law; 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 has reviewed the proposal and does hereby find that
the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 157
are adequate to serve as the required environmental documentation in connection with this
request upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Mitigated Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a
significant effect on the environment; and
WHEREAS, the City Council does find and determine that the Zoning Map
referred to in Title 18 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 that certain real property
located at 401 West Carl Karcher Way and 1325 North Anaheim Boulevard in the City of
Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A"
attached hereto and incorporated herein by this reference, into the C -G (General Commercial)
Zone of the City of Anaheim, upon the following condition:
1. That prior to the introduction of an ordinance by the City Council to reclassify or
rezone the property, the applicant shall submit a final site plan to the Planning
Department for review and approval by the Planning Commission as a public hearing
item.
2. That completion of these reclassification proceedings is contingent upon City
Council approval of General Plan Amendment No. 2009 - 00475.
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
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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; 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 4th day of May , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF
MAYOR OF THE CITY O
ATTEST:
CITY CLERK OF THE CITY OF /ANAHEIM
76665.v1/MGordon
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EXHIBIT "A"
DE V2009 -00069