RES-2010-197 RESOLUTION NO. 2010 -197
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- 00238)
(DEV2010- 00087)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified Petition for Reclassification, designated as
Reclassification No. 2010 - 00238, for that certain real property situated at 851 - 905 South
Western Avenue 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 (the
"subject property "); and
WHEREAS, the subject property is currently developed with two single - family
residences and is located in the T (Transition) Zone. The Anaheim General Plan designates this
property for corridor residential land uses; and
WHEREAS, the applicant requests to reclassify or rezone the property from the T
(Transition) Zone to the RS -4 (Single - Family Residential) Zone; and
WHEREAS, Reclassification No. 2010 -00238 is proposed in conjunction with (i)
Tentative Tract Map No. 17387 to establish a 32 -lot subdivision to permit the construction of 32-
single- family residences, including three lettered lots for non - residential purposes, and (ii)
Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 to permit the
construction of 32 single - family residences with a reduced rear yard setback area of 13 feet, 5
inches for 13 of the 32 units and reduced driveway lengths for 18 of the 32 lots; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 27, 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 -084 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Reclassification No. 2010 - 00238; and
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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
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 from the T (Transition) to the RS -4
(Single - Family Residential) Zone is consistent with the existing Corridor 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 south which are designated for Corridor Residential and zoned RM -3 (Multiple - Family
Residential) and properties to the north, east and west which are designated for Low Density
Residential and zoned T (Transition) and RS -2 (Single - Family Residential).
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
situated at 851 - 905 South Western Avenue in the City of Anaheim, County of Orange, State of
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California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by
this reference, into the RS -4 (Single - Family Residential) Zone of the City of Anaheim.
BE IT FURTHER RESOLVED that Reclassification No. 2010 -00238 is expressly
contingent upon City Council approval of Tentative Tract Map No. 17387 and Conditional Use
Permit No. 2010 -05515 and Variance No. 2010- 04815, 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 9th day of November, 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway
NOES: Council Member Kring
ABSENT: NONE
ABSTAIN: NONE
CITY OF A HEIM /1 0
By:
MAYOR OF THE C Y 0 ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF A AHEIM
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EXHIBIT "A"
DEV2010 -00087
AP Ns: L_____1
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