Resolution-PC 2005-68• •
RESOLUTION NO. PC2005-68
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
- THAT PETITION FOR RECLASSIFICATION N0. 2005-00161 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
iead to annexation of County lslands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and '
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain reaf properties comprising an irregularfy-shaped approximately 0.3
acre area at the northwest corner of Katella Avenue and Berry Avenue situated i~ the County of Orange,
State of California, as shown on Exhibit A attached hereto and labeled "Property Description for
Reclassification Na 2005-00161, Area No. 18° (hereinafter described as Area Na 18); and
WHEREAS, the Planning Commission did hold apublic 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 against 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
R2 (3000)(C3201)(Multifamily Dwelling) District to the City of Anaheim RM-2 (Multiple Family Residential)
Zone. _
2. That the proposed reclassification is a preliminary step required by the Locaf Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of lantl that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 0.3 acre, are currently utilized
for multiple family residential uses; and that the Land Use Element of the County of Orange General Plan
designates the properties for Suburban Residential land uses and there is currently no City of Anaheim
General Plan land use designation.
4. That General Plan Amendment No. 2005-00430 (request to designate to the Low-
Medium Density Residential land use designation) is being considered in conjunction with this request
(Resolution No 2005-50).
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 property 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 generally 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 concern§/questions to the proposaL
PCReso\PC2005-068 -1- PC2005-68
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thaf the Anaheim Pianning
Commission has reviewed the proposal to reciassify Area No.'18; and did recommend that the City
Council, based on its independent review of the Initiai Study and unless 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 inc{ude 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 significant effect on
the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated Negative
Declaration, that no new mitigation measures or atternatives wili be required beyond those identified in
Mitigation Monitoring Program No.-133, and that the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 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
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R2
(3000)(C3201)(Multifamily Dwelling) District and to incorporate said described properties into the City of
Anaheim RM-2 (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 property; any such 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; 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 Islands 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
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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 Isiands 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.
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b. Nothing contained in this Resofution shall appfy to any project thaf. is in plan check as of 5
p.m. on the day befare 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 shal{ have commenced and shal{ be
completed within a period of 365 days from the date that 4he building permit',is issued, unless said time
period is dulyextended by the City of Anaheim Building OfficiaL !`
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c. Nothing contained in this Resolution shall appty 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 sha11 have commenced within the time limitation specified in the Res'olution adopted by the County
Planning Commission or County8upervisors, unless said time period is duly extended by,the approval
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authority; and if a building permit is required, construction shall have commenced and shall be compieted
within a period of 365 days from the date t{ie building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Officiai:'' Previously-approved entitlements which expire after
the effective date of #his Resolution and which have not been granted an extension of time by the
approval authorityshaii be subject to the reciassifications 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 Parcet Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5'p.m. on the day before the approyal by the Local Agency
Formation Commission of the annexation of County lsiands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. ;Said project shall bepermitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shalf 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 extended by the approval 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 Official.
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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 appeal procedures a' ma be replaced a City Council Resolution
in #he event of an appeaL
I N, ANAH PLANNING COMMISSION
ATTEST: ,
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~L,,~.c.~' '
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 Commissiorr
held on April 18, 2005, by the fotlowing vote af the members thereof: ,
;
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES ;
T
IN WITNESS WHEREOF, f have hereunto set my hand this ~ day of
~ , 2005. ' ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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~ ~ EXHIBIT A