Loading...
Resolution-PC 2005-51• ~ RESO~UTION'Nfl: PC2005-51 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THATPETITION FOR RECL:ASSIFICATION N0: 2005-00144 BE GRANTED WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of understanding with #he County of Orange stipulating thaf the City would pursue a process that may lead to annexation of County lslands (i.e., pockefs of land that are surrounded by but , not within any city's boundaries) 4-AN-6, 4-AN-7, and 4=AN-8 intothe City of Anaheim; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate a petition for Reclassification of certain real properties comprising`an irregularly-shaped approximately 1.2 acre area adjacenf to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street situated in the County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "PropertyDescription for Reclassification No. 2005-00144, Area No. 1" (hereinafter described as Area No. 1), and WHEREAS, the Planning Commission did hold a public hearing at'the Civic Center in the City of Anaheim on April 18; 2005, at 6:00. 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 againsf said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by ' itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, ' does find and determine the following facts: ' 1. That the proposed reclassification of the subject properties is from the County of Orange R3 (Apartment) District to the City of Anaheim RM-4 (Multiple-Family Residential) Zone. 2. That the proposed reclassification is a preliminary step required by the Local Agency Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries) into the City of Anaheim. 3. That the subject properties, which comprise approximately 1.2 acres, are currently - utilized for multiple family and single family residences; and that the Land Use Element of the Anaheim General Plan designates the properties for Corridor Residential land uses. 4. That General Plan Amendment No. 2005-00423 (request to redesignate from Corridor Residential to Medium Density Residential) is being considered in conjunction with this request (Resolution No 2005-43). 5. That the proposed reclassification of subject properties is necessary and/or desirable for ' the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to the subject properties and to the zones and their permitted uses generafly established throughout the community. 7. That 3 people indicated their presence at the public hearing in opposition to the proposal, 1 letter was received in opposition; and 2 people relayed their concerns/questions to the proposal. CR\PC2005-051 _ -1- PC2005-51 • • CALIFORNIA ENVIRONMENTAL QUALITYACT FINDING: Thatthe Anaheim Planning ` Commission has reviewed the proposal to reciassify Area No, 1; and did recommend that the City Council, based on its independent review ofthe Initial Study and uniess additional or contrary information is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation Monitoring Program Na 133 as modified by the Planning Commission to include refinements to Mitigation Measure 5.6-3 and find and determine that based upon said lnitial Study and any evidence received at the public meeting, that there is no substantial evidence that the project will have a significanf effect on the environmentthat cannotbe mitigated to a levef of insignificance as identified in the'Mitigated Negative Declaration, that no new mitigationmeasures or alternatives will be required beyond those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and Mitigation Monitoring Program Na 133 are in compliance with the California Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and are adequate to serve`as the required environmental documentation'for the proposed Reclassification and satisfy all requirements of CEQA; and that no further environmental documentation need be prepared for the proposed Reclassification. _ NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does ' hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of theAnaheim Municipal Code to exclude the above-described properties from the County of Orange R3 (Apartment) District and to incorporate said described properties into the City of Anaheim RM-4 (Multiple- Family Residential) Zone. BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject properties; any such rezoning shall require an ordinance of fhe City Council, which shall be a legislative act, which`may be approved or denied. by the City Council`at its sole discretion; and that such rezoning shall become effective at the same time that annexation of the above-described properties becomes effective. BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the approval by the Local Agency Formation Commission of the annexation of County lslands 4-AN-6, 4-AN- 7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County development standards in effect at the time of the approval of this Resolution, if they satisfy one of the following: a. Any project that receives a valid building permit as of 5 p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN- 7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall haVe commenced and shall be completed within a period of 365 days from the date that the building permit was issued, unless said time period is duly extended by the City of Anaheim Building OfficiaL b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5 p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted provided that a valid building permit shall have been obtained within a period of 180 days from the date of the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4- AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be completed within a period of 365 days from the date that the building permit is issued, unless said time period is duly extended by the City of Anaheim Building OfficiaL c. Nothing contained in this Resolution shall apply to any project that has obtained any zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the day before the approval by the Local Agency Formation Commission'of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such project shall have commenced within the time limitation specified in the Resolution adopted by the County Planning Commission or County Supenrisors, unless said time period is duly extended by the approval -2- PC2005-51 • • authority; and if a building permit is required, construction shall have commenced and shall be completed within a period of 365 days from the date the building permit is issued, unless said time period is duly extended by the City of Anaheim Building Officiai. Previous4y-approved entitlementswhich expire after 'the effective date of this Resolution' and which have not been granted an extension of time by the ' approval authority shall be subject to the reclassifications set forth by this Resolution. d. Nothing contained in this Resolution shall apply to any project that,has submitted any zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map; Variance, etc.) to the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of County lslands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of ' Anaheim. Said project shall be permitted provided that the proposal is approved by the CountyPlanning Commission or County Supervisors, and that such project shall have commended within the time limitation specified in.the Resolution adopted by the County Planning Commission or County Supervisors, unless said time period is duly extendedby the approval authority; and if a building permit is required, construction shall have commenced and shall be completed within aperiod of 365 days from the date the building permit is issued, unless said time period is duly extended by the City of Anaheim Building OfficiaL THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to app procedures a may be replaced by a City Council Resolution in the event of an appeal. ~ _- ._ ' CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: ,n..-- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Apri{ 18, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: TWO VACANCIES IN WITNESS WHEREOF, 1 have hereunto set my hand this !~ ~~ day of , 2005. . SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~ _ ~ EXHIBIT A HIAWATHA AVE VICTORIA AVE cl -ANAHEIMCITYLIMIT S ~ ~.~"~~ ~~ ORANGECOUNTYL/M/TS ~~~~-~~~~ ~~~~~ ~ 363' ~ I~ ~ 225'-H BROADWAY , ' , I o , ~ I ~ ~ ~ ~ - . ~ 1 ~ . . ~ F-- . . ~ . . J ~. ~ .. ~ d p . fi i ~ .. ~4'~ .. ' E ~ ~~, ~ ~ . . ~ ~ ~ a ._. . 3 .., - . ~. . . ~. ~ ~ ~ . . . . 364' -~j ~ ~ ~ ^ ~- MARIAN AVE ' ~ ~ ~ MARIAN AVE ~ Y IO .o .~ J ~' ~ ~J ~ l~ RAMM DR ~ f- `"~~ ~ RAMM DR I I tz- ~~ Property Description for Reclassification No. 2005-00144 Area No. 1 ~~ ~,~~ ~~ SubjectProperty Date: April 18, 2005 : Scale: 1" = 200' Q.S. No. 33 ~