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Resolution-PC 2005-58• ! RESOLUTION NO. PC2005-58 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THATPETITION FOR RECLASSIFICATION NO. 2005-00151 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 wouid pursue aprocess that may ` lead 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 real property compris+ng an irregularly-shaped approximately 5.5 acre area adjacent to the east side of Gilbert Street, 276 feet south of the centerline of BaU Road situated in the County of Orange, State of Califomia, as shown on Exhibit A attached hereto and labeled "Property Description for Reclassification Na 2005-00151, AreaNo. 8" (hereinafterdescribed as Area No. 8); 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 required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and considerevidence 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 madeby 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 property is from the County of Orange R2 (Multifamily Dwelling) District to the City of Anaheim RM-4 (Multiple-Famity Residential) 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 property, which comprises approximately 5.5 acres, are currently utilized for apartment buildings; 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. 2005-00427 (request to redesignate from Low Density Residential to Medium Density Residential) is being considered in conjunction with this request (Resolution No 2005-47). 5. That the proposed reclassification of subject property 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 property 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify Area No. 8; and did recommend that the City Council, based on its independent review of the Initial Study and unless additional or contrary information is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation CR\PC2005-058 -1- PC2005-58 • • Monitoring Program No. 133 as modified by the Planning Commission to include refinements to Mitigation Measure 5.6-3 and find and determine thatbased upon said Initial Study and any evidence received at the pubiic 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 ProgramNa 933, 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 aU 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 (Multifamily Dwelling) District and to incorporate said described properties into the City of Anaheim RM-4 (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 maybe 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 propertiesbecomes 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 ' following: a. Any project that receives a valid building permit as of 5 p.m. on the day beforethe 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 fhe 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 Countylslands 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 entitiements which expire after -2- PC2005-58 • ~ the effective date of this Resofution and which have not been granted an extension of time by the approval authority shall be subject to the reclassificationsset forth by this Resolution: d. Nothing contained in this Resolution shall appiy to any project thathas 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 approval by the Local Agency Formation Commission of the annexation of CountyJslands 4-AN=6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided thatthe 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 adoptedby the CountyPlanning 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 was adopted at the Planning Commission meeting of April 18, 2005. Said tesolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining t p I procedures and may be replaced by a City Council Resolution in the event of an appeaL ; CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: 1 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 meeiing of the Anaheim Planning Commission held on April 18, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE . VACANT: COMMISSIONERS: TWO VACANCIES IN WITNESS WHEREOF, I have hereunto set my hand this G~~ day of , 2005. ~ /~~Y~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~ ~ EXHIBIT A ^, Property Description for Reclassification No. 2005-00151 Area No. 8 ~ `~ , -w~ Subject Property Date: April 18, 2005 Sca{e: 1" = 200' Q.S. No. 35 1749 8'.