RES-2010-131RESOLUTION NO. 2010 -131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING RECLASSIFICATION NO.
2010 - 00237. (DEV2010- 00027)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
the 'Planning Commission ") did receive a verified petition for reclassification, designated as
Reclassification No. 2010 - 00237, to reclassify or rezone the property located at 518 -538 South
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 I (SABC) (Industrial, South Anaheim Boulevard
Corridor Overlay) Zone to the RM -4 (SABC) (Multiple - Family Residential, South Anaheim
Boulevard Corridor Overlay) Zone; and
WHEREAS, the subject property is currently vacant land and is zoned I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently
designates this property for Low Medium Density Residential land use; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 24, 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. 2010 -00237 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 -038 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Reclassification No. 2010- 00237; and
WHEREAS, Reclassification No. 2010 -00237 is proposed in conjunction with
General Plan Amendment No. 2010 -00479 to re- designate the subject property from the Low
Medium Density Residential land use designation to the Medium Density land use designation;
Conditional Use Permit No. 2010 -05484 to construct a 36 unit condominium complex with a
deviation in zoning development standards and density bonus; and Tentative Tract Map No.
17350 to establish a 2 -lot, 36 unit attached condominium subdivision; 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
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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
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 -038, summary of
evidence, report of findings and recommendations of the Planning Commission, the City Council
did fix the 20th day of July, 2010, as the time, and the City Council Chamber in the Civic Center
as the place for a public hearing on proposed Reclassification No. 2010 -00237 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 Negative Declaration is 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 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 518 -538 South 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 RM -4 (SABC) (Multiple - Family Residential, South Anaheim
Boulevard Corridor Overlay) Zone of the City of Anaheim.
BE IT FURTHER RESOLVED that Reclassification No. 2010 -00237 is expressly
contingent upon City Council approval of General Plan Amendment No. 2010 - 00479, now
pending.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 27th day of J , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AN HEIM
By:
MA O OF THE OFrY O ANAHEIM
ATTEST:
(.AA,.4 'I" A'1'0
CITY CLERK OF THE CITY 6F ANAHEIM
77827.v1 /MGordon
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EXHIBIT "A"
DEV2010 -00027
APNs:
251 - 084 -02
251 - 084 -03
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
Feet
10944