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2005-063RESOLUTION N0. 2005-b3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT N0. 2005-00430 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 Ciry would pursue a process that may lead to annexation of County Islands 4-AN-b, 4-AN-7, and 4-AN-$ (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 0.3 acres at the northwest comer of Katella Avenue and Berry Avenue, as shown on Exhibit A attached hereto and labeled General Plan Amendment No. 2005-00430, Area No. 18 {hereinafter referred to as "Area No. 18"), as Low-Medium 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 by law; and WHEREAS, on April 18, 2005, the Anaheim City Planning Commission did hold a public hearing to consider General Plan Amendment No.2004-00430 to designate Area 18 as Low- MediumDensity Residential land use, notice of said hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.b0, 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. PC2005-50 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2004-00430 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. l 8 asLow-Medium 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; f nd 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.133; 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.2004-00430 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.2004-00430, 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.2004-00430, 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.133; that the Mitigated Negative Declaration and Mitigation Monitoring Program No. 133, 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 2 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. 2004-00430 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 MA OF THE C F ANAHEIM ATTES ., :~ ,.~ , ~µ ...T . CLERK OF THE r , F ARAHEI~~ 5779~.v 1lmgordon104.20.05 3 EXHIBIT A ACRES LOW MEDIUM DENSITY RESIDENTIAL -+ z J = U_ ~ ~ 0 ~ U ~ W 2 C 0 General Pian Amendment No. 2005-00430 Area No. 18 0.3 ~lsae