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RES-2010-127RESOLUTION NO. 2010-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2010 - 00236. (DEV2010- 00026) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did receive a verified petition for reclassification, designated as Reclassification No. 2010 - 00236, to reclassify or rezone the property located at 407 — 425 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in the attached map marked as Exhibit "A" and incorporated herein by this reference (the "subject 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; and WHEREAS, the subject property is currently vacant land and is zoned I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently designates this property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 24, 2010 at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against Reclassification No. 2010 -00236 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2010 -034 containing a report of its findings, a summary of the evidence presented at said hearing, and did approve Reclassification No. 2010- 00236; and WHEREAS, Reclassification No. 2010 -00236 is proposed in conjunction with General Plan Amendment No. 2010 -00478 to re- designate the subject property from the Mixed Use land use designation to the Medium Density land use designation; Conditional Use Pen 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 Section 18.68.040 of the Anaheim Municipal Code the City Council is the approval authority for general plan amendments; and WHEREAS, prior to adopting or amending a general plan, the City Council is required to hold at least one public hearing, notice of such public hearing to be provided as required by state law; and -1- WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal Code, when multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council review and approval, all such applications shall be subject to full review and approval by the City Council as the granting authority; and WHEREAS, upon receipt of said Resolution No. PC2010 -034, 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 proposed Reclassification No. 2010 -00236 and did give notice thereof in the manner and as provided by law; 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 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 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 that certain real property located at 407 — 425 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference, into the RM -4 (SABC) (Multiple - Family Residential, South Anaheim Boulevard Corridor Overlay) Zone of the City of Anaheim. BE IT FURTHER RESOLVED that Reclassification No. 2010 -00236 is expressly contingent upon City Council approval of General Plan Amendment No. 2010 - 00478, now pending. 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 its sole discretion. -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 • FAIiRL ABSENT: NONE ABSTAIN: NONE CITY OF AHEIM By: MAYOR OF THE LVfVVF ANAHEIM ATTEST: 2 AAA4 dd CITY CLERK OF THE CITY OF ANAHEIM 77821.vl /MGordon -3- EXHIBIT "A" DEV2010 -00026 APN: 037- 022 -11 03702204 03702208 NN $ROpQ pf 1 10949 m s oo Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. Fe eT