RES-2009-012RESOLUTION NO. 2009 012
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
(RECLASSIFICATION NO. 2008- 00215)
WHEREAS, the Anaheim City Planning Commission did hold a public hearing in
Reclassification Proceedings No. 2008 -00215 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 to reclassify that certain
real property situated at 7260 Canyon Rim Road in the City of Anaheim, County of Orange,
State of California, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference, from the T (SC) (Transition Scenic Corridor Overlay)
Zone to the RS-3 (SC! (Single Family Residential Scenic Corridor Overlay) Zone and, at said
hearirw. did receive evidence and reports from persons interested therein and from its staff; and
WHEREAS. within a period of forty (40) days following said hearing, the
Planning Commission did duly adopt a resolution containing a report of its findings, a summary
of the evidence presented at said hearing and granted the proposed amendment; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council, asking the City Council
to reconsider said reclassification requested by applicant; and
WHEREAS. thereafter. the City Council did set said application for such project
for a de non) hearing. which public hearing was duly noticed in the manner 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 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, .l'HEREFORE. BE IT RESOLVED by the City Council of the City of
Anaheim that the Cite 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
situated at 7260 Cam on Rim Road 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 RS -3 (SC) (Single Family Residential Scenic Corridor Overlay) Zone of
the City of Anaheim. upon the following conditions:
1 hat prior to introduction of an ordinance rezoning subject property, a
preliminary title report shall be furnished to the Planning Services Division
showing the legal vesting of title. a legal description and containing a map of
the property.
That prior to placement of an ordinance rezoning subject property on an
agenda for City Council consideration, Condition No. 1, above mentioned,
shall be completed. The City Council may approve or disapprove a zoning
ordinance at its discretion. If the ordinance is disapproved, the procedure set
torth in Anaheim Municipal Code Section 18.60.140 shall apply. The
provisions or rights granted by this resolution shall become null and void
unless said conditions are complied with within one (1) year from the date of
this Resolution.
That completion of these reclassification proceedings is contingent upon
approval of Variance No. 2008 -04749 and Tentative Parcel Map No. 2006-
'29. now pending.
4. 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 the compliance or approval of the
request regarding any other applicable ordinance, regulations 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; 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 is sole discretion.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 1 3th day of January 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
7 l4 33.v I /MGorrdon
CITY OF ANAHEIM
By:
MAYOR OF T C Y OF ANAHEIM
3
EXHIBIT "A"
RECLASSIFICATION NO. 2008-00215
lob, H
CANYON RIM ROAD
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
4