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2004-014RESOLUTION NO. 2004-14 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. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 2003-00112 (Area 1) 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 and, at said hearing, 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, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; 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, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the "5 Points Neighborhood" and Area 1 is developed primarily with single-family dwellings including some second units and granny units (which may or may not conform with Code regulations), and some multiple-family units and vacant parcels. 2. That the Anaheim General Plan designates the properties within Area 1 for General Commercial Land Uses but that a general plan amendment is pending in connection with the Recommended Land Use Alternative of the General Plan Update, currently under preparation, which will, if approved, designate the properties within Area 1 for Low Density Residential Land Use; and that the proposed RS-5000 (Residential, Single-Family) zoning is consistent with the density range for said land use designation. 3. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reduction in density of 12 units in Area 1 is consistent with the General Plan as proposed to be amended, including the Housing Element, and that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing needs, as there will be no net loss of Housing Opportunity Sites resulting from the proposed reclassification, as analyzed in paragraphs (17) through (21) of the Staff Report to the Planning Commission dated November 17, 2003; 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 the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: Area 1 as shown and described on Exhibit A entitled "Reclassification No. 2003-00112" attached hereto and incorporated herein by this reference (hereinafter "Area 1 "), and more specifically described as that certain 1.3 acres of land located between Lincoln Avenue and Center Street and having a frontage of 340 feet on the north side of Center Street and having a frontage of 340 feet on the north side of Center Street and being located approximately 535 feet west of the centerline of West Street, into the RS-5000 (Residential, Single-Family) Zone of the City of Anaheim, subject to the following conditions: 1. That approval of Reclassification No. 2003-00112 as it pertains to Area 1 is contingent upon adoption by the City Council of a general plan amendment designating the subject properties within Area 1 for Low Density Residential Land Use; and that the Recommended Land Use Alternative of the pending General Plan Update will, if approved, designate the properties within Area 1 for Low Density Residential Land Use. If the Land Use Element of the Anaheim General Plan is not so-amended, this approval for Reclassification of the subject properties within Area 1 shall be null and void. 2. That prior to placement of an ordinance on the City Council agenda to rezone the subject properties located in Area 1, Condition No. 1, above-mentioned, shall be completed. The - 2 City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 (Effect of City Council's Failure to Adopt Rezoning Ordinance) shall apply. The provisions or rights granted by this Resolution shall become null and void by action of the Planning Commission unless said conditions are completed within one (1) year from the date of this Resolution, or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that any new multiple-family residential project in Area 1 which has received a valid building permit or which is in plan check in the Building Division as of 5 p.m. on November 17, 2003, shall be permitted provided that said project is in compliance with all applicable existing multiple-family residential development standards, and further provided that: (i) for any project that received a valid building permit as of 5 p.m. on November 17, 2003, construction shall have commenced and shall be completed within a period of three hundred sixty five (365) days from the date the building permit was issued, unless said time period is duly extended by the Building Official; and (ii) for any project that is in plan check as of 5 p.m. on November 17, 2003, a valid building permit shall have been obtained within a period of one hundred eighty (180) days from the date of this Resolution and construction shall have commenced and shall be completed within a period of three hundred sixty five (365) days from the date the building permit is issued, unless said time period is duly extended by the Building Official. BE IT FURTHER RESOLVED 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 compliance or approval of the request regarding any other applicable ordinance, regulation 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. - 3 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of January, 2004. ATTEST: CA~~F ~HEIM 52942.1 MAYOR OF THE CITY OF ANAHEIM - 4 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2004-14 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of January 2004, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken CITY CLERK OF THE CITY OF ANAHEIM (SEAL)