2005-061RESOLUTION NO.~ 2~0~Q5-6I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0.
2005-00428 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, the City of Anaheim has an adopted General Plan,. which was updated
by the City Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on December 14, 2004, the City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands 4-AN-6, 4-AN-7, and 4-AN-8 (i.e., pockets of land that are
surrounded by but not within the city's boundaries) into the City of Anaheim; and
WHEREAS, the subject properties are currently situated in the County of Orange, and
annexation to the City is proceeding; and
WHEREAS, the City has authority to prezone unincorporated territory for the purpose
of determining what zoning will apply if the property is annexed to the City; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to
initiate an amendment to the Land Use Element of the Anaheim General Plan to designate certain
real properties comprising approximately 2.7 acres generally bounded by Pacific Avenue to the
north, 122 feet to the centerline of Magnolia Avenue to the west, the Southern California Edison
easement to the south and 1,324 feet to the centerline of Gilbert Street to the east, as shown on
Exhibit A attached hereto and labeled General Plan Amendment No. 2005-00428, Area No. 14
(hereiraRer rcfcrrcd to as "Area No. 14"), as Low Density Residential land use; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions
of the General Plan may be amended whenever the public necessity and convenience and the general
welfare require such amendment when adopted by a resolution of the City Council in the manner
prescribed bylaw; and
WHEREAS, on April 18, 2005, the Anaheim City Planning Commission did hold a
public hearing to consider General Plan Amendment No. 2004-00428 to designate Area 14 as Low
Density Residential land use, notice of said hearing having been duly given as required by law and
in accordance with the provisions of Chapter 18.60, to hear and consider evidence for and against
said General Plan Amendment and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, at said public hearing, the Anaheim City Planning Commission did
adopt its Resolution No. PC2005-48 containing a report of its findings, a summary of the evidence
presented at said hearing, and recommending that General Plan Amendment No. 2004-00428 be
adopted by the City Council; and
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal to
amend the Land Use Element of the General Plan to designate Area No. 14 as Low Density
Residential land use; and did recommend, by its motion, that the City Council, based on its
independent review of the Initial Study prepared in connection with the proposed General Plan
Amendment and unless additional or contrary information is received during the public meeting,
approve the Mitigated Negative Declaration and Mitigation Monitoring Program No. 133, as
modified by the Planning Commission to include refinements to Mitigation Measure 5.6-3; find and
determine that based upon said Initial Study and any evidence received at the public meeting, that
there is no substantial evidence that the project will have a significant effect on the environment that
cannot be mitigated to a level of insignificance as identified in the Mitigated Negative Declaration,
as modified; that no new mitigation measures or alternatives will be required beyond those identified
in Mitigation Monitoring Program No. l 33; that the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA"') and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Amendment and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed General Plan
Amendment; and
WHEREAS, the City Council did fix the 26th day of April, 2005, as the time, and the
City Council Chamber in the Civic Center as the place for a public hearing on said proposed General
Plan Amendment No.2004-00428 and did give notice thereof in the manner and as provided by law;
and
WHEREAS, the City Council did duly 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 findings and recommendations of the City Planning Commission; and
WHEREAS, the City Council does find and determine that General Plan Amendment
No.2004-00428, as described above, should be approved, and that the evidence presented shows that
all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim
Municipal Code; and
WHEREAS, pursuant to the provisions of CEQA, on April 26, 2005, the Anaheim
City Council, by its motion, based on its independent review of the Initial Study prepared in
connection with the proposed General Plan Amendment No.2004-00428, does find and determine,
based upon said Initial Study and any evidence received at the public meeting, that there is no
substantial evidence that the project will have a significant effect on the environment that cannot be
mitigated to a level of insignificance as identified in the Mitigated Negative Declaration, as modified
by the Planning Commission to include refinements to Mitigation Measure 5.6-3; that no new
mitigation measures or alternatives will be required beyond those identified in Mitigation Monitoring
Program No. l 33; that the Mitigated Negative Declaration and Mitigation Monitoring Program No.
l 33, as modified to include refinements to Mitigation Measure 5.6-3, are in compliance with CEQA
and the State and City CEQA Guidelines and are adequate to serve as the required environmental
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documentation for the proposed Amendment and satisfy all requirements of CEQA; and that no
further environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Amendment No. 2004-00428 to the General Plan be, and the same is hereby,
approved.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 26th day of April, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE OF ANAHEIM
ATTEST•
~(~~~ ,IT CLERK OF Y OF ANAHEIM
5 7790. v l Irngordon/04.20.05
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EXHIBIT A ACRES
LOW DENSITY RESIDENTIAL 2.7
General Plan Amendment No. 2005-00428
Area No. 14
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