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2001-012RESOLUTION NO. 200tR-12 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 AND AMENDING RESOLUTION NO. 79R-50 ACCORDINGLY. (TRACKING NUMBER RCL 2000-0034) WHEREAS, on January 23, 1979, the City Council of the City of Anaheim did adopt Resolution No. 79R-50 to grant Reclassification No. 77-78-64 to establish a resolution of intent to the PC(SC) (Planned Community - Scenic Corridor Overlay) Zone on approximately 375 acres (formerly the Bauer Ranch) located southeast and southwest of the SR 91/Riverside Freeway and Weir Canyon Road interchange; and that Exhibit No. 1 (the Bauer Ranch General Plan of Development document) was approved concurrently showing development of up to 900 dwelling units, 40-50 acres of commercial uses, and open space, and identifying sites for a Library, Fire Station and Electrical Substation; and that Resolution Nos. 79R-607, 80R-481, 82R-313 and 83R-236 were subsequently adopted to amend said Resolution No. 79R-50, including amending certain conditions of approval and revising Exhibit No. 1, with Revision No. 4 of Exhibit No. 1 (showing development of up to 945 dwelling units, 93 acres of commercial use and 95 acres of open space, and identifying sites for a Library, Fire Station and Electrical Substation) being the last amendment; and that nine ordinances have been adopted to implement the resolution of intent for specific residential and commercial development proposals within this planned community; and WHEREAS, the 375-acre Bauer Ranch planned community is developed with 888 dwelling units, and commercial office and retail uses; and WHEREAS, this is a city-initiated proposal to amend Reclassification No. 77-78-64 to permit reclassification of certain property consisting of an irregularly-shaped 2.27-acre parcel located at the northwest corner of Bauer Road and Monte Vista Road, having frontages of 542 feet on the north side of Bauer Road and 190 feet on the west side of Monte Vista Road, and with a frontage of 215 feet on the south side of Festival Drive (a private street), from the RS-A-43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone or less intense zone; that the property is identified as Portion A on the location map attached to the Staff Report to the Planning Commission dated November 20, 2000; and that Portion A is described as that certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 4 OF PARCEL MAP 83-250 RECORDED IN BOOK 184, PAGES 24 THROUGH 25 INCLUSIVE, OF MISCELLANEOUS MAPS OF THE COUNTY OF ORANGE. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 20, 2000 at 1:30 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 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and approved the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; 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 does determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinabove 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 based upon the following findings:. 1. That the proposed amendment to Reclassification No. 77- 78-64 is to permit reclassification of Portion A from the RS-A- 43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone or less intense zone. 2. That the Anaheim General Plan currently designates this property for Hillside Medium Density Residential land uses and -2- identifies the property as a Library site; and that the Planning Commission has recommended General Plan Amendment No. 2000-00382 be adopted to delete the Library designation. 3. That the proposed amendment to permit reclassification of Portion A to allow family residential development is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed amendment to permit reclassification of Portion A 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. 5. That the proposed amendment to permit reclassification of Portion A is in conformance with the underlying Hillside Medium Density Residential land use designation, which has a maximum density of 16 dwelling units per acre, and will encourage development of single-family detached residences to compliment the surrounding RS-5000(SC)-zoned single-family neighborhood. 6. That the proposed amendment to reclassify Portion A to the RS-5000(SC) Zone is a lower residential density than the maximum allowed by the Hillside Medium Density Residential designation and is consistent with the surrounding RS-5000(SC) zoned neighborhood; and that no additional amendments to subject reclassification will be necessary for developing single-family residences on this property because a maximum of 945 dwelling units is permitted by the Bauer Ranch General Plan of Development, both existing (Revision No. 4 of Exhibit No. 1) and as recommended to be amended (Revision No. 5 of Exhibit No. 1); and that a maximum of 907 dwelling units could be developed based on the existing 888 dwelling units plus 19 potential new dwelling units on this property. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Council has reviewed the proposal to permit reclassification of Portion A consisting of an irregularly-shaped 2.27-acre parcel located at the northwest corner of Bauer Road and Monte Vista Road, and having frontages of 542 feet on the north side of Bauer Road and 190 feet on the west side of Monte Vista Road, from the RS-A-43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone to the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) or less intense zone; and does hereby approve the Negative Declaration upon finding 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 evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend Resolution No. 79R-50, adopted in connection with Reclassification No. 77-78-64 as amended by Resolution Nos. 79R-607, 80R-481, 82R-313 and 83R-236, to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property (Portion A) from the RS-A-43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone and to incorporate said described property into the RS-5000(SC) (Residential, Single-Family - Scenic Corridor Overlay) Zone upon completing certain conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that New Condition No. 29 be, and the same is hereby, added to Resolution No. 79R-50, as amended, to read as follows: ~29. That prior to introduction of an ordinance to exclude Portion A (consisting of an irregularly-shaped 2.27-acre parcel located at the northwest corner of Bauer Road and Monte Vista Road, and having frontages of 542 feet on the north side of Bauer Road, 190 feet on the west side of Monte Vista Road, and 215 feet on the south side of Festival Drive (a private street), and described as "THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: PARCEL 4 OF PARCEL MAP 83-250 RECORDED IN BOOK 184, PAGES 24 THROUGH 25 INCLUSIVE, OF MISCELLANEOUS MAPS OF THE COUNTY OF ORANGE") from the RS-A-43,000(SC) (Residential/Agricultural - Scenic Corridor Overlay) Zone and to incorporate said described property (Portion A) into the RS-5000(SC) (Residential, Single- Family - Scenic Corridor Overlay), Condition Nos. 4.a and 4.c, above-mentioned shall be completed." BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, -4- 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 is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of January, 2001. ANAHE I M ATTEST: C E~ OF~HE CITY OF ANAHEIM 38594.1 -5- STATE Of CALIFORNIA ) COUNTY Of ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-12 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of January, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)