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PC 83-163RESOLUTION NO. PC83-163 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS^ION AMENDING CONDITIONS OF APPROVAL OF RESOLUTION N0. PC82-210 IN CONNECTION WITH RECLASSIFICATION N0. 82-83-4 WHEREAS, the Anaheim City Planning Commission granted Reclassifi~aL•ion No. 82-83-4, Resolution No. PC82-210, on November 29, 19$2, reclassifying property consisting of several parcels totalling approximately 19.57 acres, having a frontage of approximately 660 feet on tlie north side of Lincoln Avenue, approximately 325 feet east of the centerline of Beach Boulevard, and further described as 2925 West Lincoln Avenue (Lincoln Beach Mobile Manor Park) from the RM-1200 (Residential, Multiple-Family), CL (Commercial, Limited) and RS-A-43,000 (R:sidential, Agricultural) to the RM-1000 (Residential, Multiple-Family) Zone; and WHEREAS, the petitioner submitted revised tract map and variance applications; thereby changing the conditions of said ~esolution No. PC82-210; and WHEREAS, the new conditions should read as follows: 1. That street lighting facilities along Lincoln Avenue 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 fecm of 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 satisfacto_y completion of the above-mentioned improvements. Sai~a security shall be posted with the City of Anaheim prior to introduction of an ordinance to rezone subject property. The above-required improvements shall be installed prior to occupancy. 2. That the owner of subject property shall pay to thP City of Anaheim a fee for tree planting purposes along Lincoln Avenue in an amount as determined by the City Council. 3. That a tentative tract map shall be submitted for review and approval by Planning Commission. 4.(a) That the owner(s) of the subject property shall pay to each mobilehome owner as identified in the conversion impact report relocation benefits in the respective amounts as set forth on Exhibit 'A" attached hereto and incorporated herein by this reference, or such other benefits as mutually agreed upon betwaen the park owner and the mobilehome owner. Said relocation benefits shall be paid to each mobilehome owner, and proof thereof submitted to City in a form satisEactory to the City Attorney, prior to the issuance of any building permit for any phase ot portion of the proposed development other than these portions identified as Phase 1 and Phase 2 as shown on the Phasing Plan, Sheet 4, Revision No. 1 of plans on file in the Planning Department of the City of Ar~aheim, ~r prior to July 1, 1985, whichever occurs first. ~0038r PC°3-163 ` ~... (b) That not with^tanding subparagraph (a) above, any mobilehome owner who relocates from the park at any time after the date of issuance of gradinq permits for any phase of the development shall be paid said relocation benefits contemporaneous with the termination of each tenancy provided, however, that such advance payments pursuant to this subparagraph (b) need not be rt:ade at any time in advance of the date otherwise set forth in subparagraph (a) to more than ten percenr_ of such mobilehome owners. (c) That the amount of said relocation benefits payable to each mobilehome owner pursuant to subparagraph (a) or (b) above, shall be increased by an amount equal to any increase in the ConsuMer Price Index for Urban Wage Earners and Clerical Workers, All Items, Los Angeles-LOng Beach Metropolitan Area (1967=100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published nearest to the date of this resolution as compared to r_he Index most recently published prior to the date of payment of said relocation benefits. (d) That the owner of the subject property shall post a performance bond in an amount and form satisfactory to the City Attorney to guarantee the payment of said relocation benefits. 5. That the owner of subject property shall submit a letter requesting termination of Variance No. 631 and Conditional Use Permit Nos. 95 and 1008 to the Planning Department. 6. That completion of these reclassification proceedings is contingent upon the granting of ~Jariance No. 3306 as readvertised. 7. That subject property sha12 be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 3 of Exhibit Nos. 1 through 12; provided, however, that the three-story structure shall be relocated a minimum of fifty (50) feet from the northerly property line and that revised plans iadicating such revision shall be submitted to and approved by the Planning Department staff prior to the issuance of building permits. 8. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 5 and 6, ahove-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Plannin9 Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 9. That r.ondition No. 7, above-mentioned, shall be complied with prior to final building and zoning inspections. -2 PC83-163 ~!!~~e~;. .. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 1983 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the said praposal to amend the conditions of approval of Reclas~ification No. 82-83-4, and to investigate and make findinqs and recommendations in connection therewith; and WHEREAS, said Commission, aftec 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 HEREBY FIND: 1. That one (1) person appeared at the public hearing in opposition and one letter was submitted in opposition to subject petition. 2. That the y Conditions should be amended as indicated above. ENVIRONMENTAL IMPACT FINDING: That Environmental Impact Report No. 253 was previously certified by the Planning Commission on January 2~1, 1983. NQW, THEFEFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Conditions of approval of Resolution No. PC82-210 to include "Revision No. 3" of Exhibit Nos. 1 through 8. 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 FOREGOING RESOLUTION is signed and approved by me this 19th day of September, 1983. ~~ ~~ CHAIRMAN~ HEIM CITY PLANNING COMMISSION AT•PEST: ~ a~ ~ %~L~i SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do heteby certify that the focego~ng resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 19, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ SUSHORE~ FRY~ HERBST~ KING, LA CLAIRE, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOF, I Have hereunto set my hand this 19th day of Sc•~tember, 1983. J 0~ ~ %~6~ SECRETARY~ ANAHSIM CITY PLANNING COMMISSION _3_ PC83-163 =:::,a