2004-025RESOLUTION NO. 2004-25
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. 2003-00113 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 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:
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK 225, PAGES 20 THRU 22, OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,
into the "CL(SC) (Commercial, Limited - Scenic Corridor Overlay)" ZONE of the City of
Anaheim, subject to the following conditions:
1. That approval of Reclassification No. 2003-00113 is contingent upon City Council
approval of General Plan Amendment No. 2003-00415 (to redesignate this property from the
Hillside Low-Medium Density Residential land use designation to the General Commercial land
use designation).
2. 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 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 condition is complied with within one (1) year from the date of this Resolution, or
such further time as the Planning Commission may grant.
3. 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10th day of February, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members Tait, Chavez
NOES: Council Members McCracken, Hernandez
ABSENT: None
ABSTAIN: None
- 2 -
CITY OF~
By
MAYOR OF CITY OF ANAHEIM
ATTEST:
C~Y ~LEI~'K OFrTHE CITY OF ANAHEIM
53119.1