PC 85-126~ ~
RESOLUTION N0. PC65-126
A RGSOLUI'ION UF T:IE ANAHEIM CITY PLANNING COMMISSION
THAT PETiTIUN FOR kECLASSIFICATION N0. 84-85-35 BE GRANTED
WHERL•'AS, the Anaheim City Planning Commission di~ receive a vetified
petition Eor Reclassification from NELSON AND DYE CONSTRU t'ZON, INC., ET AL,
2969 East (:oronado Street, Anaheim, California 92806, ROBERT M. SHEPARD AND
.tARILYN L. SHEPARU, c/o BOYDSTUN REALTY, 703 North Anaheim Boulevard, Anaheim,
California 92805, owners, and JAMES R. NEEDHAPI, 9492 Sandra Circle, Villa
Park, Califocnia 92667, age~~t foz certain real property situated in the City
uf Anaheim, County of Orange, State of California, described as follows:
LOT 9 IN BLOCK 2 OF TH~ 'EN7'ERPRISE TRACT', IN THE CITY OP
ANAHEIPI, COUNTY OF ORANGF., STATE OF CAi.IFORNIA~ AS PER MAP
RECORDED IN BGOK 4, PAGE 89, MISCELLANEOUS MAPS~ IN THE
UFFICE OF THE COUNTY RECORDER OF SAZD ORANGE COUNTY,
CALIFORNIA.
LOT 10 IN BLOCK 2 OF THE GNTERPRISE TRACT, AS SHOWN ON A MAP
THERe,OF RECORDED ZP~ BOOK 4, PAGE 89~ GP MISCELLANEOUS MAPS,
RECORDS GF OItANGE COUNTY, CALIFORNIA.
LOT il, ItJ F~LUCK 2 OF THE EN'!`ER°RISE TRACT, AS SHOWN ON A 19AP
RECURDED IN BOOK 4~ PAGE 89, UF MISCELLANEOUS MAPS, IN TKE
UFFICE OF THE COUNTY RECORUFR OE SAID COUNTY.
WHER~AS, the City Planning Commissi.on did hold a public hearing at
the Civic Center in the City of Anaheim on April 29, 1985 at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance with the provisions o[ the Anaheim Municipal Code. Chapter 18.03,
to hear and considec evidence for and against said proposed reclassification
and to investiyate and make findinyc and cecommendations in connection
therewith; said public hearing having been continued to the Planning
Commission meeting of Flay 13, 1985; 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
followinq facts:
1• That the petitioner proposes reclassification of subject
proYerty from the RM-2400 (itesidential, t4ultiple-Family) to the RM-1200
(Residential-t•tultiple Family) Zone to construcE a 12-unit apartment complex.
Z. That tlie Anaheim General Plan designates subject property for
low-medium density residential land uses and adjacent property to the north
across the public alley is designated for medium density residential land uses.
• 3• Ti~at the proposed reclassification of subject property is
necessary and/or desirable for the orderly and proper development of the
community.
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4. That the proposed reclassification of subject property does
properly relate to the zones an9 their permitted uses localiy established in
close pcoxim;ty to subjecl• property and to the zones and their permitted uses
9ener,~lly established thcoughout the community.
5. That the proposed reclassification of subject property cequires
the improvement of abutting s~reets in accordance with the Circulation Element
of the Generzl Plan, due to the anticipated increase in traffic which will be
yenerated by the intensification of land use.
6• That no one indicated their presence at said public hearing in
oppusition; and that no corcespondence was received in opposition tc subject
petition.
ENVIRONMEt•~TAL IMPACT FINDING: That the Anat~eim City Planning
Commis~ion has reviewed the proposal to reclassify subject property from the
kF1-2400 (Residential, Plultiple-Family) to the P.M-1200 (Residential-MUltiple
Famil.y) Zone to construct a 12-unit apa[tment complex o~ a
rectangularly-shaped parcel of Land consisting of approximately 0.48 acre,
having a frontage of approximately 138 feet on the north side of Broadway, and
turther described as 533, 537 and 539 hest Broadway; and does hereby approve
the tJegative Ueclaration upon finding that it has considered the Negative
Declaration together with any comments received during the public review
proc:ss and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
signiEicant effect on the environment.
h~w. THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Reclassification and, by so
dozng, that Title 18-Zoning of the Anaheim Pfunicipal Code be amended tp
exclude the above-described pruperty from the RM-24p0 (Residential,
hlultiple-Family) Zone and to incorporate said described property into the
RM-120U (Residential-MUltiple Family) Zone upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of subject
pro~erty 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 irrevocably offer to
dedicate to the City of Anaheim a strip of land 10 feet in width
from L-he centerline of the alley and G3.25 feet in width along
Broadway for street widening purposes.
2. That all engineering :equirements of the City of Anaheim along the
public alley to the north of ~ubject property including preparation
of impcovement plans and installation of all improvements such a3
water facilities, street grading and pavement, sewer and drainage
facilities, or other appurtenant work shall be complied with as
required by the City Enyineer and in acco:dance with specifications
on file in the Office of the City Fngineer; and that security in ttie
form of a bond, certificate of deposit, letter of credit, or cash,
in an amount and Eorm satisfactory to the City of Anaheim, shall be
posted witi, the City to guarantee the sacisfactory completion of
said impcovements, Said security shall be poste@ with the City
prior to approval of improvement plans, to guarantee the
installation oE the above-reguired improvements prior to occupancy.
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3. That the exi~tiny curb and gut~er shall be removed and reconctructed
and that ~11 ~9ineeriny requirements of the City of Anaheim along
Bro~dway, including preparation of i~provement plans and
inste~llation of all improvemenL~ yucn as curbs and gutters,
sidewalks, watec facilitie~, street grad:n9 and pavement, sewer and
drainaye facilities, or other appurtenant wock shall be complied
urith as cequired by the City Engineer and in accordance •aith
specitications on file in ttie Gffice of the City rngineer; and that
security in the form of a bond, c;~rtificate of deposit, letter of
credit, or cash, in an amount and forrn satisfactory to the City of
Anahezm, shall be posted with the City to yuarantee the satisfactory
completion oE ;;aid irtiYrovements. Said security shall be posted with
the City prior to issuance oF building permits, to guarantee the
installation uf: the above-required impeovements at such t.ime as
[eqilested Ly the City L'ngineer.
4. That prior to issu~nce of a buiLding pecmiY., appropciate parF: and
recreation in-lieu fee~ shall be paid to the City of. Anaheim i:i an
amount as determined i~y the City Council.
5. That prior to isyuance of a bui.lding permit, the appropriate traffic
siynal ussessment fee sha11 be paid to the City of Anaheim in an
amount as determineh oy the City Council for each new dwelling unit.
6. That drainayc of subject property shall be di;posed of in a manner
satisfactory to the City bncireer.
%. 'fhat ;;ub~ect ~~coper.Cy shall i~e secved by urderground utilities.
b. That ~rioc to commenr_emenc of structural fr<iming, fire hydrants
~ha11 be ir:s~atled and charged as r.equired and determined to be
nece,sery t>y tna Ch:ef of the Firc DeF:,~rCment.
y, That trash stocage areas ~hall be provide~3 and naintained in
accordance wiCh approved plans on fil~~ with the Street Maintenance
and Sanitation Division.
lU. That a covenanc, providing for perpetual shared use oF the parking,
d:iv~way ana trash facilities foc the three parcels comprising
subject pro~,erty, shall be submitted to the Planning Depa~tment and
then be transmitted to the City Attorney's Office foc review and
approval. The approvc-d agreement sh~tl then be filed and reco:ded
iri the Office of. the Urange County Recorder.
11. That street iighting f.acilities along Broadway shall be installed as
required by the Utilities General Manayer in accordance witti
specifications on file in the Uffice of Utilities Gener3l Manager,
and that security in the form of a bond, certificate oi deposit,
letter of credit, or cash, in an amcunt and form satisfactory to the
City of Anaheim, shall be Fosted with the Cit.y to guacantee the
s:~tisEactory completion ot the ahove-mentioned improvements. Said
security shall be posted with the Citv of Anaheim prior to issuance
of buildir~g permits. The abuve-required improvenents shall be
installed prior to occupancy.
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~~, inat a11 lucl:able E>ede:;trian acc~ss gate~ shall be equippr_d crith a
"k.no:: bo~" device to the sa`i::Eaction o[ the i:hiei of Police and the
t.ity E•'ice Niurshall.
i.j, T}iut priur. tv final nuildiny and zuning inspec;:ions, "No parking £or
street swrepin9" cign~ shat: be installod ~s [eyu;red by the Street
N,ainrenance and Sanitation Uivision and in accordance with
specificaticns on file wiCh said division.
;i, iliut all air conditio;:iny facilities sna,' be properly shielded feom
~~i.ea, and tt~e sourd buffered from adjacent residentiai properties.
15, That ~rio: to issuance oE bu.ildir.g permits, the applicant ~hall
f,resent evidence sati,t..ctory co the Chief Buildin, Inspector that
the p~opused I.roject is in r_onformance with Council Policy Number
542 "SOUnd T,ttenuation in Fesidential Yrojects' and wikY. Ncise
Insu~at.ion :;tandards speciiied in the Califo[nia Administcative
Code, Title 25.
15. 'i'h..t ~u6ject property shall Le deve~loped substantially in ar.cocdance
•.~itt~ plans and specifications on file with the City of Anaheim
marked Exnibit No,. 1 and ~.
t,, g~~~;~t plior t.o issuance of a building pe:mit, or within a period of
one year frem the date cf thi~ [csotution, whichever occurs first,
~'oIId:tin~~ r~n::_ 1, 7; 3, 4, ~. ]0, 11, and 15, above-mentioned, shall
be compliec with. Extensior:s for Eurther time tc complete said
con~iitions may t)e yranted in accor~cnc~; witn Section 18.03.090 of
the Anaheitn MuniciF,~1 Code.
lb. '?i~rit prior Co iinal :~uildiny and zonin9 inspections, Condition No~.
~;, 7, 9, l2, 13, 14, and lo, abo~•e-mentioned, shall be complied with.
i~ti 1.' FUR1fiSR RESULVEU thut the Anaheim City Planning Commission
dues hereby find and deCecmine that adoption of tt:is Resolution is expressly
-,: . ,.,~ «nn <~nnlicant':: comF~l'.anco with each and all of the conditions
here.inabove set forth. Should any such condition, or any pact the[eof, be
declaced invalid or unenForceable uy lhe final judgment of any court of
comnetenL jurisdicrion, then this P.esolution, and any approvals herein
containeu, shall be cl~emed nu:l and vo.id.
R'ktE FOk1:GU1riC; HL•'SOLU•1'SUf: is siyned and~approved by me this 13th day
of May, 1965. % J " -~
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CliAIRMAN, ANAfiEtM IT_Y PLANNTFIC COMNISSION
i AT:EST•
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SECP,ETNtY~ ANAHEI6: CITY YI,ANf~IhG CUMMISSION
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STAT~: OF' CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIFI )
2. Edith L. Harris, Secretary of the
C:ominission, do hereby certify that the fore oin '~naheim
adopted at a 9 g resolution Wasy Planning
meeting of the Anaheim City Planning Commission held Passed and
1985, by the following vote oE t1:e members thereof:
on May 13,
AYEE: COF1b1ISSI0NERS: 90CAS
NOES: COMPIISSIONERS: NONE ~ BUSHOP.E, FRY, HERAST~ RING~ MC BURNEY
ABSF:NT: COM[•fISSIONERS: LA CLAIRE
. IN h'ITNESS WHEREOF, I Have hereunto set my hand this 13th
MaY. 1585.
day of
/ ~ ,
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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