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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 57K I l .v4rmgordon/(14.?U.US 4 EXHIBIT A U l ~ ~ ~ I ~ ~ HARRIET LN LULLABY LN c c ~~ Property Description for Reclassification No. 2005-00154 Area No. 11 Subject Property Date: April 18, 2405 Scale: Graphic Q.S. No. 35, 36 u 1749_11