PC 81-258A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 81 -82 -11 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from TERRA FIRMA PROPERTIES INC., 438 E. Katella,
Suite 209, Orange, California 92667, owners, and INVESTORS DEVELOPMENT OF
ORANGE COUNTY INC., 1345 N. Grand Avenue, Santa Ana, California, 92701, agent,
of certain real property situated in the City of Anaheim, County of Orange,
State of California, described as follows:
The land referred to in this Report is situated in the State of
California, County of Orange, City of Anaheim, and is described as
follows:
PARCEL 1:
Parcel 2, as shown on a lot line adjustment plat no. 75, recorded
in book 13913, pages 1132 and 1133, official records, in the
office of the county recorder of said county.
PARCEL 2:
RESOLUTION NO. PC81 -258
Parcel 2, as shown on a parcel map no. 80 -238 recorded in book
145, pages 37 to 38, inclusive of parcel maps, in the office of
the county recorder of Orange County, State of California.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 14, 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; 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 CG (Commercial, General) 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 one person indicated their presence at said public hearing in
opposition; and that no correspondence 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 Cr; (Commercial,
General) Zone to the RM- 3000 (Residential, Multiple- Family) Zone to establish a one -
lot, 14 -unit condominium subdivision with waivers of minimum lot area per unit and
minimum recreational /leisure area per unit on an irregularly- shaped parcel of land
consisting of approximately 0.9 acre, having a frontage of approximately 180 feet on
the south side of Wilken Way, approximately +30 feet east of the centerline of Harbor
Boulevard; 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 CG (Commercial, General) 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.
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 drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. 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.
6. That all private streets shall be developed in accordance with the City of
Anaheim's Standard Detail No. 122 for private streets, including
installation of street name signs. Plans for the private street lighting,
as required by the standard detail, shall be submitted to the Building
Division for approval and inclusion with the building plans prior to the
issuance of building permits. (Private streets are those which provide
primary access and /or circulation within the project.
7. That an ordinance rezoning the subject property shall in no event become
effective except upon or following the recordation of Final Tract Map No.
11463 within the time specified in Government Code Section 66463.5 or such
further time as the advisory agency or City Council may grant.
8. 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.
9. That a perpetual easement agreement with the owner of the property to the
west, providing for circulation of vehicles and trash trucks from one parcel
to the other, shall be submitted to the City Attorney's Office for review
and approval; then be filed and recorded in the Office of the Orange County
Recorder.
10. That all proposed driveway locations on subject property shall be subject to
approval of the City Traffic Engineer prior to issuance of building permits.
11. 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.
12. 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.
13. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Revision
No. 1 of Exhibit Nos. 1 and 2.
14. Prior to the introduction of an ordinance rezoning subject property,
Condition No. 9, 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.
15. That Condition Nos. 1, 3, 4, 6, and 13, 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.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of
December, 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 December 14, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS,FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
1931,
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION