Resolution-PC 2005-55• .
RESOLUTION NO. PC2005-55
A RESOLUTION OF THE ANAMEIM PLANNING GOMMISSION
TMAT PETITION FOR RECLASSIFICATION N0.2005-00148 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with #he County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Isiands {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, orr March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 1.4
acre area at the northeast corner of Gilbert Street and Ball Road situated in the County of Orange, State
` of California, as shown on Exhibit A attached hereto and labeled 'Property Description for Reclassification
Na 2005-00148, Area No. 5" (hereinafter described as Area Na 5); 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
requiredby 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 isfrom the County of Orange
CN(C2884) (Commercial Neighborhood) District to the City of Anaheim GG (General Commercial) 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 1.4 acres, are currently
utilized for commercial uses; and that the Land Use Element of the Anaheim General Plan designates the
properties for Low Density Residential land uses.
4. That General Plan Amendment No. 2005-00424 (request to redesignate from Low
Density Residential to Corridor Residential) is being considered in conjunction with this request
(Resolution No 2005-44).
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 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 concerns/questions to the proposal.
CALfFORNIA ENVfRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 5; and did recommend that the City
Council, based on its independent review of the Initial Study prepared and unless additionaf or contrary ,
information is received during the public meeting, approve the Mitigated Negative Declaration and
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Mitigation Monitoring Program No. 133 as modified by the Planning Commission to include refinements to
Mitigation Measure 5.6-3 and find and determine that based upon said Initial 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 alternatives will 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
CN(C2884) (Commercial Neighborhood) District and to incorporate said described properties into the City
of Anaheim GG (General Commercial) 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
the City Council, which shall be a Jegislative act, which may be approved or denied by the'City Council at
its sole discretion; and thaf such rezoning shall become effective at the same time that annexation ofthe
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
ce~tain 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
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 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
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the effective date of this Resolution and which have not been granted an extension of timeby the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. - Nothing contained in this Resolution shall app4y to any pro}ect that has submitfed 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 Comm+ssion of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. ' Said project shaii be permitted provided that the proposal is approved by the County Planning
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 extended by the approval authority; and if a building permif 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 O~ciaL
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 appe rocedures and may be replaced by a
City Council Resolution in the event of an appeal. ~
CHAIRMA , ANA EIM PLANNING'COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANT: COMMISSIONERS:
IN WfTNESS WHEF
/~ G~1 ' , 2005.
BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
NONE
NONE
TWO VACANCIES
;EOF, I have hereunto set my hand this v~~ day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
~ ~ EXHIBIT A
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BRUCE ST
Property Description for Reclassification No. 2005-00148
Area No. 5
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~`~y~~; Subject Property
Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 33
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