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RES-2010-126RESOLUTION NO. 2010 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2010 -00478 PERTAINING TO THE LAND USE ELEMENT (DEV2010- 00026). WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did receive a verified petition for an amendment to the Land Use Element of the General Plan, designated as General Plan Amendment No. 2010 - 00478, to re- designate the subject property, located at 407 -425 South Anaheim Boulevard, as more particularly shown in the attached map marked as Exhibit "A" and incorporated herein by this reference, from the Mixed Use land use designation to the Medium Density land use designation; and WHEREAS, General Plan Amendment No. 2010 -00478 is proposed in conjunction with Reclassification No. 2010 -00236 to reclassify the property from the I (SABC) (Industrial, South Anaheim Boulevard Corridor Overlay) Zone to the RM -4 (SABC) (Multiple - Family Residential, South Anaheim Boulevard Corridor Overlay) Zone; Conditional Use Permit No. 2010 -05483 to construct a 52 unit affordable condominium project with a deviation in zoning development standards and density bonus; and Tentative Tract Map No. 17351 to establish a 6 -lot, 52 unit attached condominium subdivision; 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 May 24, 2010, the Planning Commission did hold a public hearing to consider General Plan Amendment No. 2010- 00478, 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, General Plan Amendment No. 2010 -00478 proposes to amend "Figure LU -4" of the Land Use Element of the General Plan to re- designate the subject property from the Mixed Use land use designation to the Medium Density land use designation, as shown in Exhibit "B" attached hereto and incorporated herein by this reference; and -1- WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2010 -033 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2010 -00478 be adopted by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2010 -033, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 20th day of July, 2010, 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. 2010 -00478 and did give notice thereof in the manner and as provided by law; and WHEREAS, 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 recommendations of the Planning Commission; and WHEREAS, the City Council has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the City Council does find and determine that General Plan Amendment No. 2010 - 00478, 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 based upon the findings approved and adopted by the Planning Commission in its Resolution No. PC2010 -033. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that General Plan Amendment No. 2010 -00478 be, and the same is hereby, approved, to amend "Figure LU -4" of the Land Use Element of the Anaheim General Plan to re- designate the subject property from the Mixed Use land use designation to the Medium Density land use designation, as shown in Exhibit "B" attached hereto. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 77770.v l /MGordon OF THE CITYVf ANAHEIM -3- EXHIBIT "A" DEV2010 -00026 APN: 037 - 022 -11 03702204 0 ApWP'� 03702208 W 6R 03702214 W ELM ST 0 Z C, vo 00 0 Feet Source: Recorded Tract Maps and /or City GIS. 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