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2005-075RESOLUTION N0.2005 - 75 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 (RECLASSIFICATION N0.2005-00155) 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 lead to annexation of County Islands 4-AN-6, 4-AN-7, and 4-AN-8 (i.e., pockets of land that are surrounded by but not within the city's boundaries) into the City of Anaheim; and WHEREAS, the subject properties are currently situated in the County of Orange, and annexation to the City is proceeding; and WHEREAS, the City has authority to prezone unincorporated territory for the purpose of determining what zoning will apply if the property is annexed to the City; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate a petition for Reclassification of certain real properties comprising approximately 54 acres generally bounded by Cerritos Avenue to the north, Gilbert Street to the west, the Southern California Edison easement to the south and l85 feet west ofthe centerline of Brookhurst Street, as shown on Exhibit A attached hereto and labeled Property Description for Reclassification No. 2005- 00155, Area No, 12 (hereinafter referred to as "Area No. 12"); and WHEREAS, on April 18, 2005, the Anaheim City Planning Commission did hold a public hearing in Reclassification Proceedings No. 2005-00155 to consider an amendment to the Zoning Map referred to in Title l K of the Anaheim Municipal Code, notice of said hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Anaheim City Planning Commission did adopt its Resolution No. PC2005-62 containing a report of its findings, a summary of the evidence presented at said hearing and granted the proposed amendment; and WHEREAS, the Anaheim City Planning Commission has requested that its decision granting the proposed amendment be reviewed by the City Council at a duly noticed public hearing; and WHEREAS, the City Council did fix the 26th day of April, 2005, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing in Reclassification Proceedings No. 2005-00155 to consider an amendment to the Zoning Map referred to in Title l $ of the Anaheim Municipal Code and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly 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 findings and recommendations ofthe City Planning Commission; and WHEREAS, the City Council does find and determine that the Zoning Map referred to ~n 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 the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: Area 12 -Approximately 54 acres generally bounded by Cerritos Avenue to the north, Gilbert Street to the west, the Southern California Edison easement to the south and 185 feet west of the centerline of Brookhurst Street, as shown on Exhibit A, as follows: to exclude Area 12 from the County of Orange Rl (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residentialy Zone, unconditionally. 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 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 action shall not be considered prior to the recordation of a certificate of completion filed with the Orange County Recorder for the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. 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 t0 the recordation of a certificate of completion filed with the Orange County Recorder for the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-K 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 recordation of a certificate of completion filed with the Orange County Recorder for 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 2 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 recordation of a certificate of completion filed with the Orange County Recorder for 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 date of the recordation of a certificate of completion filed with the Orange County Recorder for 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 ~s 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 recordation of a certificate of completion filed with the Orange County Recorder for 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 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. Previously-approved entitlements which expire after the effective date of this Resolution and which have not been gxanted 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 recordation of a certificate of completion filed with the Orange County Recorder for the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-$ into the City of Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning Commission or County Supervisors, and that such project shall have commenced 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, THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of April, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ,4BSENT: None ABSTAIN: None CITY OF A HEIM By MAYO OF THE C ANAHEIM .ATTEST: ~I A ,ITY CLE K OF HE CITY OF ANAHEIM ~7K I ?.v ~ imgordon/04.20.05 4 -a v A I N D ~ ~ o d U 0 ~ ~~ N~ ~~ o~ 0 • ~_ n N N W =ti n' m - rt_ 0 Z 0 N • O O • T O N N - ~_ i ~ .. _ ..__ - _., _._.._ .. _ .............1.. _ ..._ _ ,_. i.. 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