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PC 83-233~ -- ~ s ~ RESOLUTION N0. PC83-233 '4 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0. 82-63-35 BE GRANTED i WHEREAS, the Anaheim City Planning Commission did receive a verified ~ S petition for Reclassification from RIVIERA MOBILEHOMF.• PARKS, 300 West Katella ` Avenue, Anaheim, California 92802, owner, and FLOYD L, FARANO, 2555 East Chapman Avenue, Suite 415, Fullerton, California 92631, agent of certain real ~- pcopecty situated in the City of Anaheim, County of Orange, State of i California, described as follows: 1. THAT PORTION OF THE NQRTHEAST QUARTER OF SECTION 27~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OP ORANGE, STATE OF CALIFORNIA~ AS PER MAP FILED IN BOOK 51~ PAGE 10 OF MISCBLLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: COMMENCING AT A POINT IN THS' NOR.TH LINE OF SAID SECTION DISTANT THEREON S. 89° 54' 30" W. fi~20.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION AS ShID CORtJER IS SHOWN ON A MAP FILED IN BOOK 43~ PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE S. 1° 19' 30" E. 265.06 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION TO A LINE THAT IS PP_RALLEL WITA AND 265.00 FEET SOUTHERLY OF SAID NORTH LSNE AND TcIE TRUE POIN^1 OF BEGINNING; THENCF. CONTINUING S. lo lg~ 3p^ ~, 388.06 FEET TO SOUTH LINE OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE N. 89° 49' 28° E. 615.98 FEET ALONG SATD SOUTH LINE TO FEETEALONGISAID FEAST DLINETTONSAIDEPARALLEL oLINE; THENCE 58789° 54' 30" W. 620.Q0 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING. RESERVING THEREFROM THE EASTERLY 45.00 FEET FOR STREET PURPOSES. WHEREAS, the City Planning Commission did hold a public hearing a~ the Civic Center in the City of Anaheim on November 28, 1983 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 Coda, Chapter 18.03, to hear and considec evidence for and against said proposed teclassification and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of December 12, 1983; 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 repocts offered at said hearing, does find and determine the foilowiiig facts: 1, That the petitioner proposes reclassification of subject property from the RS-A-43,000 (Residential, Agricultural) Zone to the RM-1O170 (Residential, Multiple-Family) Zone. #0103r PC83-233 "~;~ 2. That the Anaheim General Plan designates subject property for commercial recreational land uses but that General P].an Amendment No. 185 is pending to amend the land use to medium density residential . 3. 'Phat the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed ceclassification 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 perm±tted uses generally established throughout the community. 5. That the proposed reclassifi~ation of subject properky requires the improvement of abutting streets in accordance with the Circulation Element oE the General Plan, due to the anticipated increase in traffic which will be yenerated by the intensification of land use. 6. That two persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That after considering Draft EIR No. 262 for the proposed Riviera Project and reviewing evidence, both written and oral, presented to supplement Draft EIR No. 262, the Planning Commission finds that EIR No. 262 is in compliance with the Caiifornia Environmental Quality Act and the City and State CEQA Guidelines; and that the Planning Commission further finds that economic and social considerations make it infeasible to eliminate entirely the significant environmental impacts which have been identified in Final EIR No. 262. However, th2 benefits of the project have been balanced against the unavoidable environmental impact and pursuant to the provisions of Sectior 15093 of the State CEQA Guidelines, the occurrence of the significant environmental effects identified in Final EIR No. 262 and as set forth above may be permitted without furti~ec mitigation due to the following overriding considerations: (1) after completion, the proposed project is expected to generate a net fiscal surplus of $1,620,500 per year for the City. This will provide funds for the operation o£ pcograms for the benefit of all Anaheim residents which would not otherwise be economically feasible; (2) the proposed project will provide a balanced development which is compatible with and complementary to the adjacent commercial-recreation area; and (3) the proposed prcject will provide employment for an estimated 4,200 persons; thetefore, the Planning Commission hereby certifies EIR No. 262 for the Riviera Project and adopts this Statement of Overriding Considerations. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission cloes 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, A9ricultural} Zone and to incorporate said described property into the RM-1000 (Residential, Multiple-Family) Zone upon the following conditions ~ahich 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 tt,e City of Anaheim: 1. That completion of these reclassifica!:ion proceedings is cont~ngent upon the granting of Conditional Use Yermit No. 2462. ^ -2- PC83-233 ~""y ~°ra 2. That completion of these reclassification proceedings is contingent upon completion at Reclassification Nc. 82-83-26. 3. That prior to intcoduction of an ordinance rezoning subject property, General Plan Amendment No. 185 shall be adopted by the City Council. 4. That an ordinance rezoning subject property sha11 in no event become effective except upon or following the recordation of a final map within the time specified in Government Code Section 66463.5 or ~uch further time as the Planning Commission or City Council may grant. 5. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights qranted 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 of this resolutien, or such further time as the Planninq Commission may grant. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City rlanning 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 judgement of any court uf competent jurisdiction, then th:s Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTZON is signed and approved by me this 12th day of December, 1983. ~ ' ;~~/~~, ,t / /~~~ CHAIRWOMAN~ANAHEIM CITY PLANNING COMMISSION ATTEST: / ~ „z~~ ~~,.u, SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PCA3-233 -. ~,....,. STA?'E OF CALIFORNIA ) COUNTY OF ORANGE ) Ss• CITY OF ANAHEIM ) 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 12, 1983, by the followinq vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY, HERBST~ KING, LA CLAIRE~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNE~S WHEREOF, I Have he~eunto set my hand this 12th day of December, 1983. ~~c' ~° ~~. SECRETARY~ ANAHEZM CITY PLANNING COMMISSION _4_ PC83-233