2005-074RESOLUTION N0. 2005 - 74
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 N0.2005-00154)
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-$ {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 ofcertain real properties comprising approximately 3.9 acres
located adjacent to the west side of Brookhurst Street including properties 521 feet north of the
centerline of Cerritos Avenue and properties 1,103 feet south of the centerline of Cerritos Avenue,
as shown on Exhibit A attached hereto and labeled Property Description for Reclassification No.
2005-00154, Area No. 1 l (hereinafter referred to as "Area No. 1 l "); and
WHEREAS, on Apri118, 2005, the Anaheim City Planning Commission did hold a
public hearing for Reclassification No. 2005-00154 to consider an amendment to the Zoning Map
referred to in Title 18 of the Anaheim Muni ~ :pal 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
reccmlmendations inconnection therewith; and
WHEREAS, at said public hearing, the Anaheim City Planning Commission did
adopt its Resolution No. PC2005-61 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
~n~anting 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 for Reclassification lv'o.
2005-{10154 to consider an amendment to the Zoning Map referred to in Title I8 of the Anaheim
Municipal Code and did give notice thereof in the manner and as provided bylaw; 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 in Title l K 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
sn the zone or zones as hereinafter set forth contingent upon the completion of proceedings to annex
such property into the corporate boundaries of the City of Anaheim; and
WHEREAS, the City Council does further find and determine that, notwithstanding
the reclassification of the property pursuant to this resolution, the owners of the property should
have the right to develop, use and maintain said property in accordance with the County of Orange
zoning regulations in effect and applicable to such property at the time of annexation of such
property to the City of Anaheim and the Anaheim Zoning Code should be amended to so provide.
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 11 -Approximately 3.9 acres located adjacent to the west side
of Brookhurst Street including properties 521 feet north of the
centerline of Cerritos Avenue and properties 1,103 feet south of the
centerline of Cerritos Avenue, as shown on Exhibit A, as follows:
to exclude Area 11 from the County of Orange RP (Residential Professional) District to the City of
Anaheim RS-? (Single-Family Residential) Zone, upon the following conditions:
1. That, 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.
2. That, prior to the adoption of any ordinance reclassifying the property into the
RS-? (Sin.gle-Family Residential) Zone of the City of Anaheim, annexation proceedings shall have
been completed annexing such property into the City of Anaheim, and a certificate of completion
shall have been filed with the Orange County Recorder relating to such annexation.
3. That, prior to the adoption of any ordinance reclassifying the property into the
RS-? (Single-Family Residential) Zone of the City of Anaheim, the City of Anaheim shall adopt an
ordinance amending the Anaheim Zoning Code to permit the continued development and use of such
property in accordance with the County of Orange zoning regulations in effect on the date of
completion of proceedings for annexation of such property 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 certif Cate of completion filed with the Orange County Recorder for the
annexation of Caunty 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 36~ 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 anyproject 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 lslands 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 l 80 days from date of the recordation of a certif Cate 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
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 S 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-b, 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-b, 4-Alv'-7 and 4-AN-8 into the City of Anaheim. Said project shall be
permitted provided that the proposal is approved by the Count Plannin
Supervisors, and that such project shall have com y g Commission or County
menced within the time limitation specified in the
Resolution adopted by the County Planning Commission or Count
period is duly extended by the a rova] author' ~ y Supervisors, unless said time
Pp tty, and rf a burldrng permit rs required, construction
shat l have commenced and shall be completed within a eriod of 365
permit is issued, unless said time eriod is d 1 p days from the date the building
p u y extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION is approved and ado ted b the '
the City of Anaheim this 26th day of April b the followi p y Crty Council of
Y ng roll call vote;
2005
AYES: Mayor Pringle, Council ?~e~bers Sidhu, Hernandez, Chavez, Galloway
NOES: None
,4BSENT: Pdone
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE C OF ANAHEIM
,4TTEST:
.,
-ITY CLERK 0 THE CITY OF ANAHEIM
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EXHIBIT A
U l ~ ~ ~ I ~ ~
HARRIET LN
LULLABY LN
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Property Description for Reclassification No. 2005-00154
Area No. 11
Subject Property
Date: April 18, 2405
Scale: Graphic
Q.S. No. 35, 36
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1749_11