PC 83-102RESOLUTION NO. PC83-102
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PGTITION FOR RECLASSIFIt:ATION NO. 82-83-31 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from LIDO LANE PROPERTIES, INC., ET AL., 361 Los
~ltos Aveniie, Long Beach, Califurnia 90814, owner and DAVID W. CORNISH, 19804
Rayfield Drive, La Mirada, California 90638, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE WESTERLY RECTANGOLAR 118.38 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTEP. OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN
BERNARDINO BASE AND MERIDIAN ItJ THE RANCHO LAS BOLSAS, AS PER
MAP RECORDED IN BOUK 15, PAGE 27, OF RECORDS OF SURVEYS OF
SAID COUNTY.
WHEREAS, the Ci~y Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 16, 1983 at 1:30 p.m., notice
of said publi: hearing having been duly given as required by law and in
accordance with t:e provisions of the Anaheim Municipal Code. Chaoter 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 meeti~~g of June 1, 1983; and
WHEREAS, said Commission, after due inspection, investigation a~d
study made by itself and in its behalf, and after due ~onsideLation of _11
evidence and reports effered at said hearin;, does find and determine the
following facts:
1. That the petitioner proposes reclassification of subject
property from the CL (Commercial, Limited) Zone to the RM-3000 (Residential,
Multiple-Family) Zonp.
2. That the Anaheirn General P).an designates subject property for
low-medium density residential and./or general commercial 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 pcoposed 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 reclassificatian 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.
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6. That no one indicated their presence at said public hearing in
opposition; and Lhat no correspondence was received in opposition to subject
petition.
ENV7RONMENTAL IMPACT FZNDING: That the Anaheim City Planning
Commission has reviewed the pcoposal to reclassify subject p~operty from the
CL (Commercial, Limited) Zone to the RM-3000 (Residential, Multiple-Family)
Zone to construct a 12-unit affordable condominium complex witF waivers of
required lot frontage, minimum lot area per dwelling unit and minimum
recreational/leisure area on a rectan9ularly-shaped parcel of land consisting
of appruximately 0.75 acres, ha~•ing a fcontage of approximately 118 feet on
the south side of Ball Road, zpprox?mately 530 fee*_ west of the centerline of
Beach Boulevard and further de~cribed as 3040 West Ball Road; 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 low-medium density residential and general commercial
land uses commensurate with the proposal; that no sensitive enviconmental
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 Nega*_ive Ueclaration substantiating the
foregoin~ f?ndings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLV°D that the Anaheim City Planning
Commission does hereby grant subject Petition for Reclassification and, 5y so
doing, that Title 18-~oning of the Anaheim Municipal Code be amended to
exclude the above-described property from tne CL (Commercial, Limited) Zone
and to incorporate said described pcoperty into the RM-3000 (Fesidential,
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 the owner of subject property shall pay to the City of nnaheim a
fee for tree planting n~~rposes along Ball Road in an amount as
determined by the City Cc ~il.
2. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as detecmined by the City Council.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
4. That all engineecing requirements of the City of Anahein along Ball
Road, including preparation of improvement plans and installation of
all improvements such as curbs ar.d gutters, sidewalks, street grading
and pavement, sewer and drainage facilities, or uther appurtenant
work shall be complied with as required by the ~ity Engineer and in
accordance with specifications on file in the Office of the City
Engineer; and that security ?n the form of a:,ond, certificate of
deposit, letter of credit, or cash, in an amount and form
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satisfactory to the City of Anaheim, shall be posted with the City to
guarantee the satisfactory completion of said improvements. Said
security shall be posLed with the City pric: to introducti.on of an
ordinance to rezone subject property, to guarantee the installation
of the above-required improvements prior to occupancy.
5. 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 Eor the private
street lighting, as required by the st~ndard detail, shall be
submitted to the Building Division for aoproval and included with the
building plans prior to the issuance of building permits. (Private
streets are those which provide primary access and/or circulation
within the projeck.
6. That drainage of subject property shall be disposed of ir, a manner
satisfactory to the City Engineer.
7. That in the event s~bject property is to be divided for the purpose
of sale, lease, or financing, a tract map to record the approved
division of subject property shall be submitted 'co and approved by
the City of AnaSeim and then be recorded in the Office of the Orange
County Recorder.
8. That street lighting facilities along Ball Road shall be installed as
required by the Utilities General Manager in accordance with
specifications on file in the Office of Utilities General Manager,
and that security in the form of a bond, certificate of deposit,
lettar of credit, or cash, in an amount and form satisfactory to the
City of Anaheim, shall be posted with the City to guarantee the
satisfactory completi.un of the above-mentioned improvements. Said
security shall be posted with the City of Anaheim prior to
introduction of an ordinance to rez~~ne subject property. The
above-required improvements shall be installed prior to occupancy.
9. That subject property sha1Z be served L'y underground utilities.
10. 4~;at prior to comme~cement oi .;truct~±rai Framinpj fire hydrants shall
be installed and charged as requireH and determined to be necessary
by the Chief of the Fire Department.
11. That gates shall not be installed across any driveway or priva*_e
street in a mann~•r which may adversely affect vehicular traff~c in
the adjacent public streets. Installation of any gates within a
distance of forty (40) feet from said public stceet rights-of-way
shall be subject to the review and approval of the City Traffic
Engineer.
12. That an ordinance rezoning subject property shall in no event become
effeckive except upon or following the recordation of a final map
withia the time specified in Government Code Section 66463.5 or such
further time as the Planning Commission or City Council may grant.
13. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Aivision.
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14. That prior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Insz,ector that
the residential units will be in conformance with Noise Insulation
Standards specified in the California Administrative Code, Title 25.
15. That prior to issuance of building permits, the applicant shall
present evidence sati~factory to the Chief Building Inspector that
the proposed project is in conformance with Council Policy Number 542
"Sound Attenuation in Residential Projects".
16. That prior to issuance of building permits, the developer shall enter
into an ayreement with the City of Anaheim pursuant to Government
Code Section 6597.5 to provide that twenty-five percent (25~) of the
residential units shall be sold as low or moderate income housing as
defined in Government Code Section 65915 and with appropriate r~sale
controls as approved by the City of Anaheim.
17. 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 through 3.
18. That prior to the introduction of an ordinance rezoning subject
property, Condition No. 1, 2 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 ~ommission unless said
conditions are complied with within one year from the date of this
resolution, or such further time as the Planning Commission may grant.
19. That prior to final buildiny and zoning inspections, Condition Nos.
6, 9, 13 and 17, above-mentioned, shall be complied with.
BE IT FGRTHER RESOLVED that. the Anahei:r, City Planning Comrnission does
hereby find and determine that adoption of this Resolutior. 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 judgement of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGGING RESOLUTION is ~igned and approved by me this lst day of
June, 1983,
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H1~ MAN, ANAHEIM CITY`P A ING COMMISSION
ATTEST: ' /J
lU L~C.-C N .K , C~ ' T/~..c_rr
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ~S,
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim Ci.`_y Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a mee*ing of the Anaheim City Flanning Cummission held on June 1,
1983, by the followin9 vote of ~he members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, KING, LA CLAIRE, MC BURNEY
NOES: CGMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, 2 6ave hereunto set my hand this lst day of June,
1983.
l/~~171"~ ,~ ~~~-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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