2005-081RESOLUTION N0. 2005 - 81
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 N0.2005-00161)
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
W H EREAS, the C ity 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 ofcertain real properties comprising approximately 0.3 acres
located at the northwest corner of Katella Avenue and Berry Avenue, as shown on Exhibit A
attached hereto and labeled Property Description for Reclassification No.2005-00161, Area No.18
(hereinafter referred to as "Area No. 18"); and
WHEREAS, on April 18, 2005, the Anaheim City Planning Commission did hold a
public hearing in Reclassification Proceedings No. 2005-00161 to consider an amendment to the
Zoning Map referred to in Title 1 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-b8 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 tune, and the
City Council Chamber in the Civic Center as the place for a public hearing in Reclassification
Proceedings No. 2005-00161 to consider an amendment to the Zoning Map referred to in Title 18
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 of the City Planning Commission; and
WHEREAS, the City Council 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 the following described property, situated
in the City of Anaheim, County of Orange, State of California, to-wit:
Area 18 -Approximately 0.3 acres located at the northwest corner of
Katella Avenue and Berry Avenue, as shown on Exhibit A, as
follows:
to exclude Area 18 from the County of Orange R2 (3000)(C3201)(Multifamily Dwelling) District
to the City of Anaheim RM-2 (Multiple Family Residential) 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 [slands 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 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, 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
of 3fi5 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 f led with the
Orange County Recorder for the annexation of County Islands 4-AN-b, 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-b, 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 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 3b5 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 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
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 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 3 bS 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
ABSENT: None
ABSTAIN: None
CITY OF A HEIM
By
MAYOR OF THE CIT F A AHEIM
ATTEST:
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CLE OFT E CITY OF ANAHEIM
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EXHIBIT A
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KATELLA AVE
Property Description for Reclassification No . 2005-00161 ~ Subject Property
Area No. 18 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 329
1749 18