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RES-2011-040RESOLUTION NO. 2011- 040 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. 2010 - 00238) (DEV2410- 00087) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for Reclassification, designated as Reclassification No. 2010- 00238, for that certain real property situated at 851 - 905 South Western Avenue 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 (the "subject property "); and WHEREAS, the subject property is currently located in the T (Transition) Zone and the Anaheim General Plan designates this property for Corridor Residential land uses; and WHEREAS, the applicant requests to reclassify or rezone the property from the T (Transition) Zone to the RS -4 (Single - Family Residential) Zone; and WHEREAS, Reclassification No. 2010 -00238 is proposed in conjunction with (i) Tentative Tract Map No. 17387 to establish a 32 -lot subdivision to permit the construction of 32- single- family residences, including three lots for non - residential purposes, and (ii) Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 to permit the construction of 32 single - family residences with a reduced rear yard setback area of 13 feet, 6 inches for 13 of the 32 units and reduced driveway lengths for 18 of the 32 lots; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 27, 2010, at 5:00 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 said proposed reclassification 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 -084 containing a report of its findings, a summary of the evidence presented at said hearing, and did approve Reclassification No. 2010 - 00238; 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 request; and -1- WHEREAS, thereafter, the City Council did set said application for such project for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, on November 9, 2010, 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, including all the evidence submitted to the Planning Commission at the time of its hearing upon said application, and did consider the same; and WHEREAS, on November 9, 2010, the City Council, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. 2010 -197 approving Reclassification No. 2010 - 00238; and WHEREAS, thereafter, within the time prescribed by law, an interested party or parties did request a rehearing of such matter by the City Council; and WHEREAS, on December 14, 2010, the City Council approved the Request for Rehearing and did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law for January 11, 2011; and WHEREAS, at the request of the Petitioner, the City Council continued the public hearing from January 11, 2011 to February 15, 2011. On February 15, 2011, the City Council continued the public hearing to March 22, 2011; and WHEREAS, on March 22, 2011, 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, including all the evidence submitted to the Planning Commission at the time of its hearing upon said application, and did consider the same; and WHEREAS, the City Council, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. Reclassification of the subject property from the T (Transition) to the RS -4 (Single - Family Residential) Zone is consistent with the existing Corridor Residential land use designation for the subject property. 2. The proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community and is compatible with the properties to the south which are designated for Corridor Residential and zoned RM -3 (Multiple- Family Residential) and properties to the north, east and west which are designated for Low Density Residential and zoned T (Transition) and RS -2 (Single - Family Residential). -2- 3. The proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 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, for the reasons hereinabove stated, 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 situated at 851 - 905 South Western Avenue 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 -4 (Single- Family Residential) Zone of the City of Anaheim. BE IT FURTHER RESOLVED that Reclassification No. 2010 -00238 is expressly contingent upon City Council approval of Tentative Tract Map No. 17387 and Conditional Use Permit No. 2010 -05515 and Variance No. 2010 - 04815, 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of March , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Galloway, Murray NOES: Council Member Sidhu ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: / CITY CLERK OF THE CITY OF A AHEIM 79974.v4 /MGordon Z� EXHIBIT "A" DEV2010 -00087 APNs. 079 - 441 -10 079 - 441 -11 o a o z O O O D u, � m Q s W TERANIMAR DR W 618.05' Q Z W O N N W H N Un LW 618.05' W v. W DEERWOOD DR W BALL RD Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 11011 5