RES-2010-185 RESOLUTION NO. 2010 -185
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.
(RECLASSIFICATION NO. 2010- 00239)
(DEV2010- 00067)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission) did receive a verified Petition for Reclassification, designated as
Reclassification No. 2010- 00239, for that certain real property situated at 147 South Beach
Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference.
WHEREAS, the subject property is currently developed with two single - family
residences, a garage and accessory structures and is located in the T (Transition) Zone. The
Anaheim General Plan designates this property for Low - Medium Density Residential land uses;
and
WHEREAS, the applicant requests to reclassify or rezone the property from the T
(Transition) Zone to the T (MHP) (Transition; Mobile Horne Park Overlay) Zone; and
WHEREAS, Reclassification No. 2010 -00239 is proposed in conjunction with
Zoning Code Amendment No. 2010 -00091 and an amendment to Conditional Use Permit No.
767 to permit the construction of 14 manufactured homes with a smaller front setback than
allowed by code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 2, 2010 at 5:00 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 said
proposed reclassification 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 -064 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Reclassification No. 2010- 00239; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council, asking the City Council
to reconsider said reclassification request; and
- 1 -
WHEREAS, thereafter, the City Council did set said application for such project
for a de novo hearing, which public hearing was duly noticed in the manner 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, after due consideration, inspection, investigation
and study made by itself and on its behalf, and after due consideration of all evidence and reports
offered at said hearing, does hereby find and determine as follows:
1. Reclassification of the subject property to the T (MHP) (Transition, Mobile
Home Park Overlay) Zone is consistent with the existing Low - Medium Density Residential land
use designation for the subject property.
2. The proposed reclassification of subject property is necessary and /or desirable
for the orderly and proper development of the community and is compatible with the properties
to the north, east and west, which are designated for Low - Medium Density Residential and
zoned T (Transition) Mobile Home Park (MHP).
3. The proposed reclassification of subject property does properly relate to the
zones and their permitted uses locally established in close proximity to subject property and to
the zones and their permitted uses generally established throughout the community.
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, for the reasons hereinabove stated, 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 147 South Beach 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 T (MHP) (Transition; Mobile Home Park Overlay) Zone of the City of
Anaheim.
-2-
BE IT FURTHER RESOLVED that Reclassification No. 2010 -00239 is expressly
contingent upon City Council approval of Zoning Code Amendment No. 2010 -00091 and the
amendment to Conditional Use Permit No. 767, 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 26th day of October , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members, Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AHEIM io 6
By:
MA F THE C Y O ANAHEIM
ATTEST:
Alai
4 to Al°
CITY CL RK OF THE CITY 0' ANAHEIM
79681.v1 /MGordon
- 3 -
EXHIBIT "A"
DEV2010 -00067
APN: 135- 261 -09
W LINCOLN AVE
m
u
W
C/1
200'
CV
206'
fl 0 50 100 Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
Feet
10986