PC 81-222RESOLUTION NO. PC81 -222
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 81 -82 -1 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from DONALD G. HEYDENDAHL, ET AL, 205 North Western
Avenue, Anaheim, California 92801, owners, and SUN -CAL INVESTMENTS, ATTENTION: BRUCE
ELIEFF, 2006 North Broadway, Suite 102, Santa Ana, California 92706, agent of certain
real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THE SOUTH 76.1375 FEET OF THE NORTH 152.2750 FEET OF
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE EAST LINE OF SAID SOUTHWEST QUARTER DISTANT THEREON NORTH 0
DEGREES 14 MINUTES 50 SECONDS WEST 360.28 FEET FROM THE SOUTHEAST
CORNER OF SAID SOUTHWEST QUARTER, AND RUNNING THENCE NORTH 0
DEGREES 14 MINUTES 50 SECONDS WEST, ALONG SAID EAST LINE 304.55
FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY
RECORDED MAY 31, 1933, IN B00I( 616, PAGE 312, OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE
SOUTH 89 DEGREES 42 MINUTES 09 SECONDS WEST 596.55 FEET TO THE
NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0
DEGREES 15 MINUTES 50 SECONDS EAST, ALONG THE WEST LINE OF SAID
LAND CONVEYED TO HEALY, 304.59 FEET: THENCE NORTH 89 DEGREES 41
MINUTES 55 SECONDS EAST 596.46 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE WEST 300 FEET THEREOF.
PARCEL 2: THE NORTH 76.1375 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID
SOUTHWEST QUARTER DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50
SECONDS WEST 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER AND RUNNING THENCE NORTH 0 DEGREES, 14 MINUTES,
50 SECONDS WEST, ALONG SAID EAST LINE, 304.55 FEET TO THE
NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY BY DEED
RECORDED MAY 31, 1933, IN BOOK 616, PAGE 312, OFFICIAL RECORDS;
THENCE SOUTH 89 DEGREES, 42 MINUTES, 09 SECONDS WEST, 596.55 FEET
TO THE NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE
SOUTH 0 DEGREES, 15 MINUTES, 50 SECONDS ALONG THE WEST LINE OF
SAID LAND CONVEYED TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES,
41 MINUTES, 55 SECONDS EAST, 596.46 FEET TO THE POINT OF
BEGINNING. EXCEPTING THEREFROM THE WEST 50 FEET THEREOF.
PARCEL 3: THE WEST 50 FEET OF THE NORTH 76.1375 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B.&M., DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID
SOUTHWEST QUARTER, DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50
PC81 -222
SECONDS WEST, 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES, 14 MINUTES, 50 SECONDS
WEST ALONG SAID EAST LINE, 304.55 FEET TO THE NORTHEAST CORNER OF
THE LAND CONVEYED TO DAN J. HEALY BY DEED RECORDED MAY 31, 1 IN
BOOK 616, PAGE 312 OF OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES,
42 MINUTES, 09 SECONDS WEST, 596.55 FEET TO THE NORTHWEST CORNER
OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0 DEGREES, 15
MINUTES, 50 SECONDS EAST ALONG THE WEST LINE OF SAID LAND CONVEYED
TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES, 41 MINUTES, 55
SECONDS EAST, 596.46 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 10, 1981, at 1 :30 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 18.03, to hear and consider
evidence for and against said proposed reclassification and to investigate and make
findings and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of November 2, 1981; 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 petitioner proposes reclassification of subject property from
the RS -A- 43,000 (RESIDENTIAL /AGRICULTURAL) Zone to the RM -3000 (RESIDENTIAL,
MULTIPLE- FAMILY) ZONE.
2. That the Anaheim General Plan designates subject property for medium -
density residential land uses.
3. That the proposed reclassification of subject property is necessary
and /or desirable for the orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly
relate to the zones and their permitted uses locally established in close proximity
to subject property and to the zones and their permitted uses generally established
throughout the community.
5. That the proposed reclassification of subject property requires the
improvement of abutting streets in accordance with the Circulation Element of the
General Plan, due to the anticipated increase in traffic which will be generated by
the intensification of land use.
6. That 15 persons indicated their presence at the November 2, 1931,
public hearing in opposition; and 3 persons indicated their presence at the August
10, 1931, public hearing in opposition; and that a petition containing approximately
20 signatures was received in opposition to the subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS- A- 43,000
(RESIDENTIAL, AGRICULTURAL) ZONE to the RM -3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE
to establish a one -lot, 17 -unit condominium subdivision with waiver of minimum
landscaped setback on an irregularly - shaped parcel of land consisting of
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PC81 -222
approximately 1.4 acres, having a frontage of approximately 150 feet on the west side
of Western Avenue (205-211 North Western Avenue); and does hereby approve the
Negative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for medium - density residential
land uses commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental impacts; and
that the Negative Declaration substantiating the foregoing findings is on file in the
City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Reclassification and, by so doing, that Title
18- Zoning of the Anaheim Municipal Code be amended to exclude the above - described
property from the RS- A- 43,000 (RESIDENTIAL /AGRICULTURAL) ZONE and to incorporate said
described property into the RM -3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE upon the
following conditions which are hereby found to be a necessary prerequisite to the
proposed use of subject property in order to preserve the safety and general welfare
of the Citizens of the City of Anaheim:
1. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works; provided,
however, that the trash storage area shown on the approved exhibit as being located
on the northern boundary shall be relocated southerly to the south side of the
private street /driveway and away from the single- family residential zoning to the
north.
2. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
3. That subject property shall be served by underground utilities.
4. That street lighting facilities along Western Avenue shall be installed
as required by the Office of Utilities General Manager, and in accordance with
specifications on file in the Office of Utilities General Manager; and /or that a
bond, certificate of deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim shall be posted with the City to guarantee the
installation of the above- mentioned requirements prior to occupancy.
5. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along Western Avenue.
6. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
7. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in -lieu fees as determined to be appropriate by the
City Council, said fees to be paid at the time the building permit is issued.
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8. That an ordinance rezoning the subject property shall in no event
become effective except upon or following the recordation of Final Tract Map No.
11581 within the time specified in Government Code Section 66463.5 or such further
time as the advisory agency or City Council may grant.
9. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for each new dwelling unit prior to the issuance of a building permit.
10. That a 6 -foot high masonry wall shall be constructed along the the.
north, west and south property lines.
11. Prior to issuance of building permits, the applicant shall present
evidence satisfactory to the Chief Building inspector that the units will be in
conformance with Noise Insulation Standards specified in the California
Administrative Code, Title 25.
12. Prior to issuance of building permits, the applicant shall present
evidence satisfactory to the Chief Building Inspector that the proposed project is in
conformance with Council Policy Number 542, Sound Attenuation in Residential
Projects.
13. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Revision Mo. 1
of Exhibit Nos. 1 through 5; provided, however, that the pool shall be relocated 20
to 30 feet to the south away from the single - family residential zoning to the north
and that the trash area shall be relocated as decribed in the above— mentioned
Condition No. 1.
14. That a landscape plan shall be submitted to and approved by the
Planning Department prior to issuance of a building permit. Said plan shall include
dense landscaping surrounding the recreational area, and shall also include a 3-foot
wide landscaped area with Italian Cypress trees planted on 3 -foot centers along the
western 321 feet of the northern property line adjacent to the 25-foot wide private
driveway.
15. Prior to the introduction of an ordinance rezoning subject property,
Condition Nos. 4, 5 and 8, above - mentioned, shall be completed. The provisions or
rights granted by this resolution shall become null and void by action of the
Planning Commission unless said conditions are complied with within one year from the
date hereof, or such further time as the Planning Commission may grant.
16. That Condition Nos. 1, 3, 6, 10, 13 and 14, above - mentioned, shall be
complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of
November, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 2, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1981.
IN WITNESS WHEREOF, 1 have hereunto set my hand this 2nd day of November,
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC81 -222