RES-2016-013RESOLUTION NO. 201 6-01 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING GENERAL PLAN
AMENDMENT NO. 2015-00502.
(DEV2015-00041)
(4540 EAST RIVERDALE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for an amendment to the Land Use Element of the
General Plan Amendment ("General Plan Amendment No. 2015-00502") for certain real
property commonly known as 4540 East Riverdale Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"), for the purpose of allowing the applicant
to construct 75 detached, small -lot single-family residences (the "Project"); and
WHEREAS, the Property is approximately 12.1 acres in size and is located in the "T"
Transition Zone, which is a zone under the Zoning Code that includes "land that is used for
agricultural uses, in a transitory or interim use, restricted to limited uses because of special
conditions, or not zoned to one of the zoning districts in [the Zoning Code] for whatever reason,
including recent annexation." The Property is also located within the Scenic Corridor (SC)
Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is
designated on the Land Use Element of the General Plan for "School" uses; and
WHEREAS, General Plan Amendment No. 2015-00502 proposes to amend "Figure LU -
4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate those
portions of the Property designated as "School" to "Low Density Residential" land uses so that
the entirety of the Property will be designated for "Low Density Residential" land uses; and
WHEREAS, General Plan Amendment No. 2015-00502 is proposed in conjunction with
a request (i) to rezone or reclassify the Property from the "T" Transition, Zone to the "RS -4"
Single -Family Residential Zone, which reclassification is designated as "Reclassification No.
2015-00279", (ii) for approval of a conditional use permit to permit a 75 -unit, detached small -lot
single family residential project with modified development standards, which is designated as
"Conditional Use Permit No. 2015-05796", (iii) for approval of a variance to allow a deviation of
sound attenuation standards permitted by the Code pertaining to the maximum exterior noise
level within the rear yard of any single-family residential lot located within 600 feet from a
freeway, which is designated as "Variance No. 2015-05011 ", and (iv) for approval of a tentative
tract map to permit a 75 -lot single-family residential subdivision of the Property, which is
designated as "Tentative Tract Map No. 17879". General Plan Amendment No. 2015-00502,
Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2015-
05011, Tentative Tract Map No. 17879, and the Project shall be referred to herein collectively as
the "Proposed Project"; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures
that are specific to the Proposed Project (herein referred to as "MMP No. 324"). A complete
copy of MMP No. 324 is on file and can be viewed in the Planning Services Division of the City;
and
WHEREAS, on November 16, 2015, the Planning Commission held a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and
consider evidence for and against the Proposed Project, including General Plan Amendment No.
2015-00502, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed Project, including the Mitigated Negative Declaration and MMP
No. 324, and the comments received and the responses prepared, and did adopt its Resolution
No. PC2015-095 on November 16, 2015, recommending that this City Council find that the
Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures contained in MMP
No. 324 and that this City Council approve and adopt the Mitigated Negative Declaration and
MMP No. 324; and
WHEREAS, by the adoption of its Resolution No. PC2015-091 on November 16, 2015,
the Planning Commission recommended that the City Council approve and adopt proposed
General Plan Amendment No. 2015-00502 in the form attached hereto as Exhibit A and
incorporated herein by this reference, contingent upon and subject to the adoption of an
ordinance reclassifying the Property from the "T" Transition Zone to the "RS -4" Single -Family
Residential Zone, in accordance with Reclassification No. 2015-00279, now pending; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-091,
PC2015-092, PC2015-093, PC2015-094 and PC2015-095, a summary of evidence and a report
of the findings and recommendations of the Planning Commission, the City Council did fix the
12th day of January, 2016, as the time, and the City Council Chamber in the Civic Center, as the
2
place, for a public hearing on the Proposed Project and for the purpose of considering evidence
for and against the Mitigated Negative Declaration, MMP No. 324 and the Proposed Project, and
did give notice thereof in the manner and as provided by law; and
WHEREAS, on January 12, 2016, the City Council did conduct a public hearing to hear
and consider evidence for and against the Mitigated Negative Declaration, MMP No. 324 and the
Proposed Project and to investigate and make findings in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this City Council found and determined, among other
things, that the Proposed Project will have a less than significant impact upon the environment
with the implementation of the conditions of approval and the mitigation measures attached to
that concurrent Resolution and contained in MMP No. 324 and, accordingly, approved and
adopted the Mitigated Negative Declaration and MMP No. 324; and
WHEREAS, at said public hearing, upon hearing and considering the recommendations
of the Planning Commission, all evidence and reports offered at said hearing, and all testimony
and arguments (if any) of all persons desiring to be heard pertaining to the request to approve
General Plan Amendment No. 2015-00502, this City Council does hereby find and determine as
follows:
1. That proposed General Plan Amendment No. 2015-00502 maintains the internal
consistency of the General Plan, as the proposed modifications to the General Plan are consistent
with Goals 1.1, 2.1, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and
enhance the quality and character of Anaheim's mosaic of unique neighborhoods, to continue to
provide a variety of quality housing opportunities, to address the City's diverse housing needs,
and to promote development that integrates with and minimizes impacts to surrounding
neighborhoods.
2. That proposed General Plan Amendment No. 2015-00502 would not be detrimental to
the public interest, health, safety, convenience, or welfare of the City in that the proposed
amendment to the Anaheim General Plan would result in residential development opportunities.
3. That proposed General Plan Amendment No. 2015-00502 would maintain the balance
of land uses within the City because the proposed amendment would provide quality housing
opportunities to address the City's diverse housing needs and would be consistent with the
existing Low Density Residential designation for the neighboring properties to the east and west.
4. That the Property to be re -designated by proposed General Plan Amendment No.
2015-00502 is physically suitable to accommodate the proposed modification, including but not
limited to, access, physical constraints, topography, provision of utilities, and compatibility with
surrounding land uses because the project is designed to integrate into the surrounding
neighborhood.
3
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that
the facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that detract from
the findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this City Council does hereby approve and adopt General Plan Amendment No.
2015-00502 in the form attached hereto as Exhibit B, contingent upon and subject to the
adoption of (i) an ordinance reclassifying the Property from the "T" Transition Zone to the "RS -
4" Single -Family Residential Zone, in accordance with Reclassification No. 2015-00279, now
pending, and (ii) the mitigation measures set forth in MMP No. 324 approved in conjunction
with the aforementioned Mitigated Negative Declaration.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 12 day of January , 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman,
and Vanderbilt
NOES: Mayor Tait
ABSENT: None
ABSTAIN: None
ATTEST -
CITY CLERK OF THE CITY OF ANAHEIM
114247/TJR
11
CITY OF ANAHEIM
MAYOR OF T4 CITY OF ANAHEIM
EXHIBIT "A"
DEV NO. 2015-00041
2
APN: 359-011-83 v�
�G
P\��Rp P`6 PUE 74fn pR
E Nt�KiNNON
Yti��v c\R R�v�RDP�� Avg 9
492
ON
\0�'E E, �NBRti4 to ,CVS O�
tiQi QC1 O 193' �
F m
,t� O
O
s�
VE
� ECK�pNE P �p� O�Q•0
ti Poo
'SP
7a� ECERRO VIS}TA�DR
O
o soioo Source: Recorded Tract Maps and/or City GIS.
0
Feet Please note the accuracy is +/- two to five feet.
WOO
Map Location
EXHIBIT "B"
Proposed General Plan Land Use
Low Density Neighborhood Center
Low Medium Density ���� Mixed -Use
Estate Density - Institutional
Neighborhood
Center r
School
- Parks
- Water Uses
INAUJIN
City of Anaheim
Planning Department
November 04, 2015