1965-173RESOLUTION NO. 65R-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING
CERTAIN REAL PROPERTY TO THE CITY OF ANAHEIM
AND AUTHORIZING THE COMPROMISE OF CERTAIN
EMINENT DOMAIN LITIGATION.
WHEREAS, heretofore, by its resolution duly adopted
and passed on the 8th day of December, 1964, the City of Anaheim
authorized and directed the initiation of condemnation proceed-
ings which resulted in the commencement of Orange County Superior
Court Case No. 132741, being entitled "City of Anaheim vs.
Homer C. Guttridge, et al. and
WHEREAS, Defendants Homer C. Guttridge and Maude Gut
tridge have offered to deed the property sought to be condemned
by the City of Anaheim to the City for a total consideration
of $3,000.00; and
WHEREAS, said property was appraised at $3,000.00 as
recently as February 4, 1965, and the City Council of the City
of Anaheim finds that the sum of $3,000.00 is a fair and rea-
sonable amount to be paid for the property condemned; and
WHEREAS, said defendants have this day submitted to
the City Council a Grant Deed conveying said real property to
the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the Grant Deed this day submitted to
the City Council by Homer C. Guttridge and Maude Guttridge,
granting to the City the following described real property situa-
ted in the City of Anaheim, County of Orange, State of California:
An easement for road and public utility purposes over,
under and across that portion of Lot 28 of Anaheim
Extension, as surveyed by William Hamel, December 11,
1868, and shown on a map filed for record in the office
of the County Recorder of Los Angeles County, California,
a copy thereof being on file in the office of the
County Recorder of Orange County, California, in Book 3,
pages 163 et seq. of "Los Angeles County Maps," described
as follows:
Beginning at a point in the South line of said Lot 28,
342.56 feet South 89 46' 30" West from the Southeast
corner of said Lot 28, said point being on the North
line of a 60.00 foot road known as Ball Road and 30.60
feet South 89 46' 30" West from the center line of
Harbor Boulevard, as said Boulevard was surveyed and
improved in 1930; thence North 11 07' 30" East 345.02
feet along a line parallel with and 30.00 feet West of
the center line of said Harbor Boulevard; thence
South 89 46' 30" West 5.10 feet; thence South 11 07' 30"
West 324.92 feet; thence South 50 27' 00" West 23.21 feet;
thence South 89 46' 30" West 111.16 feet along a line
parallel with and 35.00 feet North of the center line of
said Ball Road; thence South 16 56' 30" East 5.22 feet
to the intersection with a line parallel with and 30.00
-1-
ATTEST:
6
feet North of the center line of said Ball Road; thence
North 89 46' 30" East along said parallel line 128.76
feet to the point of beginning.
be and the same is hereby accepted by the City Council of the
City of Anaheim.
AND BE IT FURTHER RESOLVED by the City Council of
the City of Anaheim that the Director of Finance be, and he
is hereby, authorized and directed to deliver to the City
Attorney's Office the sum of $3,000.00 payable to Homer C.
Guttridge and Maude Guttridge, to be delivered by the City
Attorney to said defendants when the City Attorney holds a
grant deed in favor of the City of Anaheim, executed by said
Homer C. Guttridge and Maude Guttridge conveying said property.
THE FOREGOING RESOLUTION is approved and signed by
me this 2nd day of March, 1965.
CLERK OF THE CITY OF ANAHEIM
(SEAL)
Y OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the
2nd day of March, 1965, by the following vote of the members
thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and
Chandler
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 2nd day of
March, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 2nd day of March,
1965.
-2-
CITY CLERK OF THE CITY OF ANAHEIM
B. CEQA NEGATIVE DECLARATION
RECLASSIFICATION NO. 2006-00187
CONDITIONAL USE PERMIT NO. 2006-05150
TENTATIVE TRACT MAP NO. 17081
Owner: Manasseh and Magdy Bareh, Attn: Mike Bareh, P.O. Box
10038, Costa Mesa, CA 92627
Location: 3319 3321 West Lincoln Avenue: Property is approximately
0.83 -acre, having a frontage of 122 feet on the north side of
Lincoln Avenue and is located 174 feet west of the centerline of
Westchester Drive.
Reclassification No 2006 00187 Request reclassification of the subject
property from the C -G (General Commercial) zone to the RM -3 (Multiple-
Family Residential) zone, or a Tess intense zone.
Conditional Use Permit No 2006 -05150 Request to construct a 12 -unit
attached single family residential planned unit development.
Tentative Tract Map No 17081 To establish a 1 -lot, 12 -unit airspace
attached single family residential condominium subdivision.
Continued from the November 13, and 27, 2006, Planning Commission
meetings.
Reclassification Resolution No. PC2006 -111
Conditional Use Permit Resolution No. PC2006 -112
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA NEGATIVE DECLARATION Approved
RECLASSIFICATION NO. 2006-00187 Granted
CONDITIONAL USE PERMIT NO. 2006 -05150 Granted Vote: 7 -0
These above items have a public appeal deadline of January 2, 2007
and City Council appeal deadline of December 29, 2006.
TENTATIVE TRACT MAP NO. 17081 Approved. Vote: 7 -0
This item has a public appeal deadline of December 21, 2006 and City
Council appeal deadline of December 18, 2006.
ACTION TAKEN BY CITY COUNCIL: NONE
Page 3 UPDATE: Planning Commission Mtg of December 11, 2006
April 17, 2007 Page 8
of Anaheim and ratified by City Council Resolution No. 2005 -17, and (ii) determining that
the need for continuing the local emergency exists.
52. ORDINANCE NO. 6055 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code
relating to Zoning (Reclassification No. 2006 00187).
53. ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending subsections .070, .080 and .090 of section 18.40.060 of Chapter
18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements.
(Introduced at the Council meeting of March 20, 2007, Item #50).
54. ORDINANCE NO. 6053 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
C280 amending the Zoning Map referred to in TitIe18 of the Anaheim Municipal Code relating to
Zoning (Reclassification No. 2006 00191) (Introduced at the Council meeting of March 20,
2007, Item #54).
55. Approve the adjourned regular City Council meeting minutes of March 20, 2007.
END OF CONSENT CALENDAR:
9. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the
4552 amount of $235,244.40 for the Orangewood Avenue improvement project from 1329' west
of West Street to Ninth Street, and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
Mayor Pringle removed Item No. 9 from the consent calendar to call attention to the fact he was
interested in readdressing the issue of orphaned parkways (parkways with no landscaping or
regular maintenance efforts). One such weed filled parkway he pointed out was in the area of
Orangewood west and Mayor Pringle asked staff to consider maintaining those types of parkways
whenever they were in an area performing other maintenance duties.
With no other discussion offered on Item No. 9, Mayor Pringle moved to approve, seconded by
Council Member Hernandez. Roll Call vote: Ayes 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes 0. Motion Carried
28. Reject all bids submitted for the construction of the beautification and traffic calming
improvement project at the intersection of Lemon Street and La Palma Avenue project.
Mayor Pringle questioned the plans for re- bidding the traffic calming project and how the process
could be expedited. Gary Johnson, Director of Public Works, stated the Department had
completed the design on a larger project on La Palma, had shelved it as it was unfunded but with
funding now identified, would combine the two projects into one and construction should begin this
fall. The combination of the two projects, he emphasized, should bring more competitive bidders to
participate as the traffic calming project, by itself, was minor in scope and did not attract bidders.
Council Member Sidhu suggested any future projects under $100,000 should be combined with
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765 -5139
Fax: (714) 765 -5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: APRIL 17, 2007
FROM: PLANNING DIRECTOR
SUBJECT: RECLASSIFICATION NO. 2006 -00187
(3319 3321 WEST LINCOLN AVENUE)
COUNCIL AGENDA REPORT
ATTACHMENT (Y/N): YES ITEM 52
RECOMMENDATION:
That the City Council introduce an ordinance finalizing Reclassification No. 2006-
00187.
DISCUSSION:
On December 11, 2006, the Planning Commission adopted the attached resolution,
reclassifying the property listed above to permit construction of twelve single family
dwelling units. The proposed zoning is compatible with the existing residential
neighborhoods and consistent with the General Plan land use designation.
The applicant has complied with the conditions of approval associated with the
reclassification. Introduction and adoption of this ordinance would finalize the
reclassification of the property from the General Commercial (C -G) Zone to the
Multiple Family Residential (RM -3) Zone.
IMPACT ON BUDGET:
There is no impact on the General Fund.
Respectfully submitted,
Sheri Vander Dussen
Planning Director
Attachments:
1. Draft City Council Ordinance
2. Location Map
3. Aerial Map
4. Planning Commission Resolution
5. Planning Commission Staff Report
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (RECLASSIFICATION NO.
2006 00187).
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT:
WHEREAS, following a duly noticed public hearing held on December 11, 2006,
pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim
Planning Commission did adopt its Resolution No. PC2006 -00111 determining that a change or
changes in the zone or zones hereinafter mentioned and described should be made to reclassify
the subject property, as described below, into the RM -3 (Multiple Family Residential) Zone; and
WHEREAS, the owner of the subject property has requested that the City finalize
reclassification of the subject property from the C -G (General Commercial) Zone to the RM -3
(Multiple Family Residential) Zone of the City of Anaheim; and
WHEREAS, certain terms and conditions were made as conditions precedent to
the making of a change or changes of said zone or zones, which conditions have been complied
with.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be,
and the same is hereby, amended by rezoning and reclassifying the subject property situated in
the County of Orange, State of California, described as follows, to wit:
THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT
PORTION OF THE SOUTH ONE -HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS PER MAP RECORDED IN
BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID
SECTION 11, 66 FEET EAST OF THE SOUTHWEST CORNER
OF THE SOUTH ONE -HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 11; THENCE NORTH PARALLEL WITH THE
WEST LINE OF SAID SOUTH ONE -HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
520.50 FEET; THENCE EAST PARALLEL WITH THE NORTH
LINE OF SAID SOUTH ONE -HALF, 122 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF THE SAID
SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER, 520.45 FEET TO THE SOUTH
LINE THEREOF, AND THENCE WEST ALONG SAID SOUTH
LINE, 122 FEET TO THE POINT OF BEGINNING.
APN: 135- 211 -19
into the RM -3 (Multiple Family Residential) Zone of the City of Anaheim.
SECTION 2.
The City Zoning Map shall be, and the same is hereby, amended and the above
described property shall be excluded from the zone in which it is now situated and incorporated
in and made a part of the zone or zones as above set forth, and said City Zoning Map, as
amended, is hereby adopted and the Planning Department is hereby directed to prepare a
sectional zoning map to be added to the City Zoning Map showing the changes hereby approved
and adopted.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said City, and thirty (30) days from
and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the day of 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the day of
2007, by the following roll call vote:
2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
65085.v1/MGordon
CITY OF ANAHEIM
By
CITY CLERK OF THE CITY OF ANAHEIM
3
MAYOR OF THE CITY OF ANAHEIM
Item No. 4
L
L.
m
n
n
(1)
m
0
z
0
BUENA PARK
CITY LIMITS
L_1
G
S-69-1C
3941
2042
2003-
)13
1044)
-G
3 -69 -57
3 -69 -10
1081
ANAHEIM
CITY LIMITS
1 I I i
HAYES CIR
HARL.IIRU CIR
C -G
RCL 68 -69 -57
CUP 1081
MOTEL
RCL 99 -00 -5
(Res. of Int. to CL)
RCL 67 -68 -46
T -CUP 2001 -04459
-CUP 2001 -04437
CUP 4181
CUP 1037
C -G
RCL 67 -68 -46
T -CUP 2001 -04459
11 -CUP 2001 -04437
1 CUP 4181
I APARTMENTS
42 DU
RIVE —THRU RESTAURANT
RM -4
RCL 76 -77 -48
I RCL 63 -64 -46
1
I1-
T
RCL 99 -00 -5
(Res. of Intent to
RS -A- 43,000)
T -CUP 2001 -04459
T -CUP 2001 -04437
RCL 82 -83 -28
CUP 4181
CUP 527
T
RCL 86 -87 -35
(Res of Int
to RM -3000)
T —CUP 2001 -04459
T —CUP 2001 -04437
T —VAR 2001 -04454
VAR 3666
VAR 2365
CUP 4181
LINCOLN AVE
C -G
RCL 63 -64 -46
1 CUP 4164
!RESTAURANT
APARTMENTS
194 DU
RM -4
RCL 59 -60 -60
VAR 1380
0
2
0)
J
J
2
N
U
RCL 63 -64 -129
C —G
TTM 17081
RCL 2006 00187'-
RCL 62-63-119
56 -57 -71 4'd
CUP 2006-05150
T —CU
2001- 04 370
CUP 4140
MEDICAL
FACILITY
--of 122' am-
RM -4
RCL 87 -88 -55
VAR 3800
RM -4
RCL 78 -79 -15
VAR 3051
APARTMENTS
RM -2
RCL 79 -80 -04
CUP 1691
VAR 3117
VAR 3102
ANAHEIM WEST
TOWNHOMES
14 DU
I I I I I
174
West Anaheim Commercial Corridors
T
CUP 2405
CENTRALIA
ELEMENTARY SCHOOL
T
CUP 3440
CUP 2405
APARTMENTS 135 DU
C —G
RCL 61 -62 -16
CUP 414
CUP 404
VACANT
C —G PCN 98 -07
RCL61 -62 -16 VAR1726S
CUP 2005 -05060 (RCL 60- 61 -20)
CUP 2005 -05060 (CUP 2963)
CUP 4050 (CUP 2838)
CUP 2138 (CUP 2479)
CUP414 (CUP 1054)
CUP 404 (VAR 2309 S)
SMALL SHOPS
CUP 414
VAR 1726 S
CUP 404
West Anaheim Comrr
i
RM -4
RCL 73 -74 -33
APARTMENTS
68 DU
Tentative Tract Map No. 17081
Reclassification No. 2006 -00187
Conditional Use Permit No. 2006 -05150
Requested By: MANASSEH AND MAGDY BAREH
3319 3321 West Lincoln Avenue
Subject Property
Date: December 11, 2006
Scale: 1" 200'
Q.S. No. 004
10167
Tentative Tract Map No. 17081
Reclassification No. 2006 -00187
Conditional Use Permit No. 2006 -05150
Requested By: MANASSEH AND MAGDY BAREH
3319 3321 West Lincoln Avenue
Subject Property
Date: December 11, 2006
Scale: 1" 200'
Q.S. No. 004
10167
RESOLUTION NO. PC2006 -111
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2006 -00187 BE GRANTED
(3319 -3321 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP
RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 13, 2006, at 2:30 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 18.60, to hear and
consider evidence for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued from the November
13 and November 27, 2006, Planning Commission meetings; 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 applicant proposes reclassification of subject property from the C -G (General
Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north, south
and east for Low Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for
this land use designation and the proposed reclassification would result in an increase in the City's housing
stock and would be consistent with the goals and policies contained in the Housing Element.
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 no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process 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 significant effect on the environment.
CR \PC2006 -111
-1- PC2006 -111
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above described property from the C -G (General Commercial) Zone and to
incorporate said described property into the RM -3 (Multiple Family Residential) 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 health and safety of the Citizens of the City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth
in Anaheim Municipal Code Section 18.60.140 shall apply. 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 (1) year from the date of this resolution, or such further time as the Planning
Commission may grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2006 -05150 and Tentative Tract Map No. 17081.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the Anaheim 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 conditions, 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
-2- PC2006 -111
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
December 11, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006 -111
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
4a. CEQA NEGATIVE DECLARATION (Motion)
4b. RECLASSIFICATION NO. 2006 -00187 (Resolution)
4c. CONDITIONAL USE PERMIT NO. 2006 -05150 (Resolution)
4d. TENTATIVE TRACT MAP NO. 17081 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 0.82 -acre property has a frontage of 122 feet on the north side of
Lincoln Avenue, a maximum depth of 295 feet, and is located 174 feet west of the centerline
of Westchester Drive (3319 -3321 West Lincoln Avenue).
REQUEST:
(2) The applicant requests approval of the following:
(3)
(5)
Rc100187pc121106srjr
(a) Reclassification No. 2006 00187— to reclassify the property from the C -G (General
Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense
zone.
(b) Conditional Use Permit No. 2006 05150- to construct a 12 -unit attached single family
residential planned unit development under authority of Code Section Nos.
18.06.030.040.0402 (Dwellings Single Family Attached) and 18.06.160.
(c) Tentative Tract Map No. 17081 —to establish a 1 -lot, 12 -unit airspace attached single
family residential condominium subdivision.
BACKGROUND:
This item was continued from the November 13, and November 27, 2006, Commission
meetings to allow the applicant and staff time to work on the site plan and elevation design.
(4) This property is developed with an animal hospital and is zoned C -G (General Commercial)
and is located in the Merged Redevelopment Project Area. The Anaheim General Plan
designates this property and properties to the north, south, and east for Low Medium Density
Residential land uses, and properties to the west for Medium Density Residential land uses.
PREVIOUS ZONING ACTIONS:
The following zoning action pertains to this property:
a. Conditional Use Permit No. 4140 (to permit a church within an existing office building
with waiver of min. number of parking spaces and min. setback of an institutional use
adjacent to a residential zone) was approved by the Planning Commission on July 19,
1999 for a period of two years (to expire July 19, 2001). This permit was reinstated
(Tracking No. CUP2001- 04370) by the Commission and the time limitation deleted on
June 18, 2001. Staff has included a condition of approval requiring termination of this
permit.
Page 1
Development Standards
Proposed Project
RM -3 Zone Standards
Site Area (after dedication)
0.82 acres (35,870 s.f.)
N/A
Number of Dwelling Units
12 dwelling units
14 units maximum
Avg. Land Area per DU
2,989 s.f.
2,400 s.f. minimum
Lot Coverage
37.0%
45% maximum
Avg. Rec /Leisure per DU
359.5 s.f. per unit (4,314 s.f. total)
350 s.f. per unit (4,200 s.f.
total)
Direction
Proposed
Landscaped
Structural and
Setbacks
Code Required
Structural /landscaped
Setbacks (RM -3)
Adjacent Zoning
North (adjacent to
school)
15 feet structural (1 /2 floor)
5 feet landscaped
10 feet structural (1 floor)
15 feet structural (2 floor)
5 feet landscaped
T
DEVELOPMENT PROPOSAL:
Existing site as seen from Lincoln Avenue
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
(6) The applicant is requesting reclassification of the property as depicted in the above
photograph, from the C -G zone to the RM -3 zone, in connection with a conditional use permit
and tentative tract map to construct a one lot, 12 -unit attached single family residential
condominium subdivision. The site plan (Exhibit No. 1) and tentative tract map indicate the
following site characteristics:
(7)
The site plan (Exhibit No. 1) and tentative map indicate the following setbacks:
Page 2
East (adjacent to
multiple family)
10 feet structural (1 floor)
15 feet structural (2 floor)*
5 feet landscaped
10 ft. structural (1 floor)
15 ft. structural (2 floor)
5 feet landscaped
RM -2
South (adjacent to
Lincoln Avenue)
17 -34 feet structural and
landscaped (20 ft avg.)
20 feet avg. structural
and landscaped
N/A
West (adjacent to
commercial office)
10 feet structural (1 floor)
15 feet structural (2 floor)*
5 feet landscaped
10 feet structural (1 floor)
15 feet structural (2 floor)
5 feet landscaped
CG
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
*Current design reflects a 2 -foot encroachment for a stairwell at the second story. Staff has
included a condition of approval requiring modification of the stairwell to comply with Code.
(8) The buildings are separated by a 20 -foot wide private driveway. There is a separation of 28
feet between the first floor of Buildings 1 and 2, and 30 feet between the second floors.
Code requires a minimum of 20 feet between the first floors and 30 feet between the second
floors of these buildings. The site plan further indicates an existing 6 -foot high block wall
along the north, east, and west property lines. Plans propose the demolition of the six foot
high fence and construction of an eight (8) foot high wall along the west property line.
Concrete brick pavers or colored /stamped concrete would be incorporated into the driveway
entry as a decorative treatment. Code permits maximum three (3) foot high fences within the
required street setback and a maximum height of six feet within all other required setbacks.
Code further requires a decorative masonry wall eight feet in height where a residential
property abuts a commercial property (west property line).
Vehicular access is provided via a private drive from Lincoln Avenue. The site plan proposes
36 parking spaces within the subdivision, with two (2) spaces within a garage for each unit
and twelve (12) uncovered spaces. Code requires a total of 36 parking spaces based on the
requirement of three (3) spaces fora 3- bedroom unit (3 x 12 units 36 spaces). Of the 36
required parking spaces, three (3) are required visitor spaces (0.25 spaces x 12 units). The
applicant does not propose any gates across the entry to the private drive. The private drive
also meets Fire Department standards for access.
(10) The floor plans (Exhibit No. 1) indicate 1,550 square -foot 2 -story units, in two plans,
consisting of an attached two -car garage, living room, family room, dining room, kitchen, and
powder room on the first floor. The second floor would contain three bedrooms and two
bathrooms, an outdoor balcony off the master bedroom (for all but two units), and a laundry
area.
Elevations as seen from Lincoln Avenue
Page 3
ENVIRONMENTAL IMPACT ANALYSIS:
EVALUATION:
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
(11) Elevation drawings, colored renderings and material board (Exhibit Nos. 2, 3, 4 and 5)
indicate an Arts and Crafts style design for the three proposed buildings. Plans indicate the
buildings would be 24 feet, 6 inches high and two stories. Elevation drawings indicate flat
concrete shingle rooftops, wood siding and stucco finished exterior walls with the use of a
"river rock" veneer along the base of the elevations. Wood shutters and exposed beam
wood work, and wood surrounds are incorporated around the windows and doors and within
the exposed eaves of the exterior. Primary entryways are located underneath a secondary
roof opening for two (2) units on Lincoln Avenue and ten (10) units along the private
driveway. Tapered columns frame the pedestrian entryways into the units and similar
columns would be incorporated into the Lincoln- facing elevation as decorative roof supports.
The color and materials board indicates two color schemes, however the final use and
placement of the colors has not been determined. Staff has included a condition of approval
requiring final elevation plans be submitted for review and approval prior to issuance of
building permits.
(12) The conceptual landscape plan (Exhibit No. 6) indicates six (6) 24 inch box size Pink
Trumpet trees, assorted shrubs and ground cover, and sod on a three foot high berm in the
setback along Lincoln Avenue. Code requires a minimum of 1 tree (24 inch box size) per 20
lineal feet of frontage for a total of 6 trees. The plan also indicates evergreen trees and
associated ground cover within the parking lot at the rear of the property. An assortment of
shrubs and ground cover are proposed along the perimeter of the property within the
required five -foot wide landscape setback areas along the east, west, and north property
lines. The plan also shows small planter boxes located between the garage door entrances
along the private drive, as well as landscaping along the perimeter of the building
surrounding the entrances and outdoor patio areas. Staff has included a condition of
approval requiring that all trees be a minimum of 24 -inch box in size or a minimum brown
trunk height of 8 -10 feet. Staff has also included a condition of approval requiring a detailed
landscape plan reflecting the proposed planting of shrubs and ground cover to ensure the
density of planting commensurate with other recently approved projects in a layered
landscape theme.
(13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaration together with any
comments received during the public review process 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 significant effect on the environment.
(14) The Anaheim General Plan designates this property for Low Medium Density Residential
land uses, with a density range of 0 to 18 dwelling units per acre. The applicant proposes a
reclassification of the property from the C -G zone to the RM -3 zone, to construct 12 attached
single family condominium dwelling units at a density of 14.6 dwelling units per acre. The
proposed development would be compatible with the existing residential developments to the
Page 4
Policies:
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
south and east. The project is also consistent with the density of the Low Medium Density
Residential land use designation for the site.
(15) Attached single family residences are permitted in the RM -3 Zone subject to the approval of
a conditional use permit under authority of Code Section 18.06.160 pertaining to residential
planned unit developments. The proposed project complies with code in all respects and
modification of standards as permitted by code for planned unit developments has not been
requested.
(16) The Anaheim General Plan contains a Community Design Element which is intended to
provide a practical framework for specific design guidelines to ensure that design decisions
in various parts of the City serve to implement the City's Vision. One of the goals of the
Community Design Element addresses mid -block residential developments is as follows and
is implemented through the policies identified below:
"GOAL 5.1:
Mid -block residential developments convey a neighborhood atmosphere, high level of
design quality, and strong street facing orientation.
Design facades of residences facing arterial corridors to include richly articulated
surfaces, walls, and roofline treatments.
Encourage mid -block residential streetscapes that feature well landscaped
parkways and rhythmic variations of residential facades, styles and color with a
minimum of driveways and /or curb cuts provided (access primarily provided from
the rear of residences).
Incorporate elevated front porches in dwelling units along major arterial corridors to
provide privacy, security, and visual interest.
In addition to porches, require that each dwelling unit have a reasonable amount of
usable private open space (e.g. elevated decks, terraces and rear yards).
Where front yard fencing is desirable, require that it be low -scale and open -view
style, incorporating varied architectural elements consistent with the residential
facades.
Where alley loading is not feasible, minimize curb cuts by incorporating shared
driveways and locating parking behind residences.
Place parkway street trees at regular intervals to buffer residential uses and create
a uniting visual element along the arterial corridor.
Require a minimum landscaped setback between the sidewalk and the front yard
fence to provide more privacy for residents and allow for an additional row of trees
and landscaping.
Page 5
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
Encourage decorative, colored pavement, stamped concrete, brick or composite
material for shared driveways and alleys to reinforce the residential character of
the neighborhood.
Where possible, underground or screen utilities and utility equipment or locate and
size them to be as inconspicuous as possible.
The design goal is to encourage mid -block development that incorporates richly detailed
architecture and contributes to a pedestrian friendly street environment. This can be
accomplished through guidelines that encourage domestic scale and appearance,
orientation to the street, recessed parking and landscaped parkways."
(17) Many design features intended to address the policies indicated above have been
incorporated into the project, including the design of facades facing the arterials, variation in
residential facades, reasonable private open space provided as rear yards, layered
landscaping to provide more privacy for residents, the inclusion of decorative pavement
treatment at the entry driveway, and the appropriate siting of above ground utilities. As
proposed, the project meets the intent of the Community Design Element and further
implements the City's Vision for Mid -block residential development.
Aerial of Subject Property and Adjacent Properties
(18) Staff has included standard conditions of approval relating to landscape design and
maintenance and review of detailed final elevation plans. Staff has included a condition of
approval requiring final site and floor plans to be submitted to staff to ensure compliance with
Page 6
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
the minimum second floor setback of 15 -feet. The applicant is aware of this issue and has
agreed to modify plans to address this requirement.
(19) Staff has not received any public input from neighbors with regard to this project. Records
indicate no open Community Preservation activity pertaining to this property.
FINDINGS:
(20) Before the Planning Commission grants any conditional use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is authorized
by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted
Uses Permitted) of Section 18.66.040 (Approved Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or
to the health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
(21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is consistent
with the City's General Plan.
Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Page 7
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(22) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing, the Planning Commission take the following actions as indicated in the attached
resolutions including the findings and conditions contained therein:
(a) By motion, approve a Negative Declaration for the project.
(b) By resolution, approve Reclassification No. 2006 00187.
(c) By resolution, approve Conditional Use Permit No. 2006 05150.
(d) By motion, approve Tentative Tract Map No. 17081.
Page 8
B. CEQA NEGATIVE DECLARATION
RECLASSIFICATION NO. 2006-00187
CONDITIONAL USE PERMIT NO. 2006-05150
TENTATIVE TRACT MAP NO. 17081
Owner: Manasseh and Magdy Bareh, Attn: Mike Bareh, P.O. Box
10038, Costa Mesa, CA 92627
Location: 3319 3321 West Lincoln Avenue: Property is approximately
0.83 -acre, having a frontage of 122 feet on the north side of
Lincoln Avenue and is located 174 feet west of the centerline of
Westchester Drive.
Reclassification No 2006 00187 Request reclassification of the subject
property from the C -G (General Commercial) zone to the RM -3 (Multiple-
Family Residential) zone, or a Tess intense zone.
Conditional Use Permit No 2006 -05150 Request to construct a 12 -unit
attached single family residential planned unit development.
Tentative Tract Map No 17081 To establish a 1 -lot, 12 -unit airspace
attached single family residential condominium subdivision.
Continued from the November 13, and 27, 2006, Planning Commission
meetings.
Reclassification Resolution No. PC2006 -111
Conditional Use Permit Resolution No. PC2006 -112
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA NEGATIVE DECLARATION Approved
RECLASSIFICATION NO. 2006-00187 Granted
CONDITIONAL USE PERMIT NO. 2006 -05150 Granted Vote: 7 -0
These above items have a public appeal deadline of January 2, 2007
and City Council appeal deadline of December 29, 2006.
TENTATIVE TRACT MAP NO. 17081 Approved. Vote: 7 -0
This item has a public appeal deadline of December 21, 2006 and City
Council appeal deadline of December 18, 2006.
ACTION TAKEN BY CITY COUNCIL: NONE
Page 3 UPDATE: Planning Commission Mtg of December 11, 2006
April 17, 2007 Page 8
of Anaheim and ratified by City Council Resolution No. 2005 -17, and (ii) determining that
the need for continuing the local emergency exists.
52. ORDINANCE NO. 6055 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code
relating to Zoning (Reclassification No. 2006 00187).
53. ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending subsections .070, .080 and .090 of section 18.40.060 of Chapter
18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements.
(Introduced at the Council meeting of March 20, 2007, Item #50).
54. ORDINANCE NO. 6053 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
C280 amending the Zoning Map referred to in TitIe18 of the Anaheim Municipal Code relating to
Zoning (Reclassification No. 2006 00191) (Introduced at the Council meeting of March 20,
2007, Item #54).
55. Approve the adjourned regular City Council meeting minutes of March 20, 2007.
END OF CONSENT CALENDAR:
9. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the
4552 amount of $235,244.40 for the Orangewood Avenue improvement project from 1329' west
of West Street to Ninth Street, and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
Mayor Pringle removed Item No. 9 from the consent calendar to call attention to the fact he was
interested in readdressing the issue of orphaned parkways (parkways with no landscaping or
regular maintenance efforts). One such weed filled parkway he pointed out was in the area of
Orangewood west and Mayor Pringle asked staff to consider maintaining those types of parkways
whenever they were in an area performing other maintenance duties.
With no other discussion offered on Item No. 9, Mayor Pringle moved to approve, seconded by
Council Member Hernandez. Roll Call vote: Ayes 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes 0. Motion Carried
28. Reject all bids submitted for the construction of the beautification and traffic calming
improvement project at the intersection of Lemon Street and La Palma Avenue project.
Mayor Pringle questioned the plans for re- bidding the traffic calming project and how the process
could be expedited. Gary Johnson, Director of Public Works, stated the Department had
completed the design on a larger project on La Palma, had shelved it as it was unfunded but with
funding now identified, would combine the two projects into one and construction should begin this
fall. The combination of the two projects, he emphasized, should bring more competitive bidders to
participate as the traffic calming project, by itself, was minor in scope and did not attract bidders.
Council Member Sidhu suggested any future projects under $100,000 should be combined with
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765 -5139
Fax: (714) 765 -5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: APRIL 17, 2007
FROM: PLANNING DIRECTOR
SUBJECT: RECLASSIFICATION NO. 2006 -00187
(3319 3321 WEST LINCOLN AVENUE)
IMPACT ON BUDGET:
There is no impact on the General Fund.
Respectfully submitted,
Sheri Vander Dussen
Planning Director
Attachments:
1. Draft City Council Ordinance
2. Location Map
3. Aerial Map
4. Planning Commission Resolution
5. Planning Commission Staff Report
COUNCIL AGENDA REPORT
ATTACHMENT (Y/N): YES ITEM 52
RECOMMENDATION:
That the City Council introduce an ordinance finalizing Reclassification No. 2006-
00187.
DISCUSSION:
On December 11, 2006, the Planning Commission adopted the attached resolution,
reclassifying the property listed above to permit construction of twelve single family
dwelling units. The proposed zoning is compatible with the existing residential
neighborhoods and consistent with the General Plan land use designation.
The applicant has complied with the conditions of approval associated with the
reclassification. Introduction and adoption of this ordinance would finalize the
reclassification of the property from the General Commercial (C -G) Zone to the
Multiple Family Residential (RM -3) Zone.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE ZONING MAP REFERRED TO IN
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING (RECLASSIFICATION NO.
2006 00187).
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT:
WHEREAS, following a duly noticed public hearing held on December 11, 2006,
pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim
Planning Commission did adopt its Resolution No. PC2006 -00111 determining that a change or
changes in the zone or zones hereinafter mentioned and described should be made to reclassify
the subject property, as described below, into the RM -3 (Multiple Family Residential) Zone; and
WHEREAS, the owner of the subject property has requested that the City finalize
reclassification of the subject property from the C -G (General Commercial) Zone to the RM -3
(Multiple Family Residential) Zone of the City of Anaheim; and
WHEREAS, certain terms and conditions were made as conditions precedent to
the making of a change or changes of said zone or zones, which conditions have been complied
with.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be,
and the same is hereby, amended by rezoning and reclassifying the subject property situated in
the County of Orange, State of California, described as follows, to wit:
THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT
PORTION OF THE SOUTH ONE -HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS PER MAP RECORDED IN
BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID
SECTION 11, 66 FEET EAST OF THE SOUTHWEST CORNER
OF THE SOUTH ONE -HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 11; THENCE NORTH PARALLEL WITH THE
WEST LINE OF SAID SOUTH ONE -HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
520.50 FEET; THENCE EAST PARALLEL WITH THE NORTH
LINE OF SAID SOUTH ONE -HALF, 122 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF THE SAID
SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER, 520.45 FEET TO THE SOUTH
LINE THEREOF, AND THENCE WEST ALONG SAID SOUTH
LINE, 122 FEET TO THE POINT OF BEGINNING.
APN: 135- 211 -19
into the RM -3 (Multiple Family Residential) Zone of the City of Anaheim.
SECTION 2.
The City Zoning Map shall be, and the same is hereby, amended and the above
described property shall be excluded from the zone in which it is now situated and incorporated
in and made a part of the zone or zones as above set forth, and said City Zoning Map, as
amended, is hereby adopted and the Planning Department is hereby directed to prepare a
sectional zoning map to be added to the City Zoning Map showing the changes hereby approved
and adopted.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said City, and thirty (30) days from
and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the day of 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the day of
2007, by the following roll call vote:
2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
65085.v1/MGordon
CITY OF ANAHEIM
By
CITY CLERK OF THE CITY OF ANAHEIM
3
MAYOR OF THE CITY OF ANAHEIM
Item No. 4
mr
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(1)
m
0
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0
BUENA PARK
CITY LIMITS
ANAHEIM
CITY LIMITS
G
S -69 -1 C
3941
2042
2003-
)13
1044)
-G
3 -69 -57
3 -69 -10
1081
L I
HAYES CIR
HARDING GIN
C -G
RCL 68 -69 -57
CUP 1081
MOTEL
RCL 99 -00 -5
(Res. of Int. to CL)
RCL 67 -68 -46
T -CUP 2001 -04459
-CUP 2001 -04437
CUP 4181
CUP 1037
C -G
RCL 67 -68 -46
'r -CUP 2001 -04459
lf -CUP 2001 -04437
1 CUP 4181
I APARTMENTS
42 DU
RIVE -THRU RESTAURANT
RM -4
RCL 76 -77 -48
I RCL 63 -64 -46
4
T
RCL 99 -00 -5
(Res. of Intent to
RS -A- 43,000)
T -CUP 2001 -04459
T -CUP 2001 -04437
RCL 82 -83 -28
CUP 4181
CUP 527
T
RCL 86 -87 -35
(Res of Int
to RM -3000)
T -CUP 2001 -04459
T -CUP 2001 -04437
T -VAR 2001 -04454
VAR 3666
VAR 2365
CUP 4181
LINCOLN AVE
C -G
RCL 63 -64 -46
1 CUP 4164
!RESTAURANT
APARTMENTS
194 DU
RM -4
RCL 59 -60 -60
VAR 1380
U
RCL 63 -64 -129
C-G
17081
RCL 2006-00187
RCL 62- 63- 1194',
RCL 56-57-71
CUP 2006-05150
T -CUP
<s.2001 -04370
CUP 4140
MEDICAL
FACILITY
RM -4
RCL 87 -88 -55
VAR 3800
RM -4
RCL 78 -79 -15
VAR 3051
APARTMENTS
RM -2
RCL 79 -80 -04
CUP 1691
VAR3117
VAR 3102
ANAHEIM WEST
TOWNHOMES
14 DU
I I I I I
174
West Anaheim Commercial Corridors
O
z
.II 122'
T
CUP 2405
CENTRALIA
ELEMENTARY SCHOOL
T
CUP 3440
CUP 2405
APARTMENTS 135 DU
C -G
RCL 61 -62 -16
CUP 414
CUP 404
VACANT
C -G PCN 98 -07
0 RCL 61 -62 -16 VAR 1726S
CUP 2005 -05060 (RCL 60- 61 -20)
CUP 2005 -05060 (CUP 2963)
W CUP 4050 (CUP 2838)
I--- CUP 2138 (CUP 2479)
CO CUP414 (CUP1054)
Ill CUP 404 (VAR 2309 S)
SMALL SHOPS
CUP 414
VAR 1726 S
CUP 404
O
z
West Anaheim Comrr
RM -4
RCL 73 -74 -33
APARTMENTS
68 DU
Tentative Tract Map No. 17081
Reclassification No. 2006 -00187
Conditional Use Permit No. 2006 -05150
Requested By: MANASSEH AND MAGDY BAREH
3319 3321 West Lincoln Avenue
Subject Property
Date: December 11, 2006
Scale: 1" 200'
Q.S. No. 004
10167
BUENA PARK
CITY LIMITS
Tentative Tract Map No. 17081
Reclassification No. 2006 -00187
Conditional Use Permit No. 2006 -05150
Requested By: MANASSEH AND MAGDY BAREH
3319 3321 West Lincoln Avenue
Subject Property
Date: December 11, 2006
Scale: 1" 200'
Q.S. No. 004
10167
RESOLUTION NO. PC2006 -111
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2006 -00187 BE GRANTED
(3319 -3321 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP
RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 13, 2006, at 2:30 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 18.60, to hear and
consider evidence for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued from the November
13 and November 27, 2006, Planning Commission meetings; 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 applicant proposes reclassification of subject property from the C -G (General
Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north, south
and east for Low Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for
this land use designation and the proposed reclassification would result in an increase in the City's housing
stock and would be consistent with the goals and policies contained in the Housing Element.
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 no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process 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 significant effect on the environment.
CR \PC2006 -111
-1- PC2006 -111
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above described property from the C -G (General Commercial) Zone and to
incorporate said described property into the RM -3 (Multiple Family Residential) 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 health and safety of the Citizens of the City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth
in Anaheim Municipal Code Section 18.60.140 shall apply. 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 (1) year from the date of this resolution, or such further time as the Planning
Commission may grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2006 -05150 and Tentative Tract Map No. 17081.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the Anaheim 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 conditions, 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
-2- PC2006 -111
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
December 11, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006 -111
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
4a. CEQA NEGATIVE DECLARATION (Motion)
4b. RECLASSIFICATION NO. 2006 -00187 (Resolution)
4c. CONDITIONAL USE PERMIT NO. 2006 -05150 (Resolution)
4d. TENTATIVE TRACT MAP NO. 17081 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 0.82 -acre property has a frontage of 122 feet on the north side of
Lincoln Avenue, a maximum depth of 295 feet, and is located 174 feet west of the centerline
of Westchester Drive (3319 -3321 West Lincoln Avenue).
REQUEST:
(2) The applicant requests approval of the following:
(3)
(5)
Rc100187pc121106srjr
(a) Reclassification No. 2006 00187— to reclassify the property from the C -G (General
Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense
zone.
(b) Conditional Use Permit No. 2006 05150- to construct a 12 -unit attached single family
residential planned unit development under authority of Code Section Nos.
18.06.030.040.0402 (Dwellings Single Family Attached) and 18.06.160.
(c) Tentative Tract Map No. 17081 to establish a 1 -lot, 12 -unit airspace attached single
family residential condominium subdivision.
BACKGROUND:
This item was continued from the November 13, and November 27, 2006, Commission
meetings to allow the applicant and staff time to work on the site plan and elevation design.
(4) This property is developed with an animal hospital and is zoned C -G (General Commercial)
and is located in the Merged Redevelopment Project Area. The Anaheim General Plan
designates this property and properties to the north, south, and east for Low Medium Density
Residential land uses, and properties to the west for Medium Density Residential land uses.
PREVIOUS ZONING ACTIONS:
The following zoning action pertains to this property:
a. Conditional Use Permit No. 4140 (to permit a church within an existing office building
with waiver of min. number of parking spaces and min. setback of an institutional use
adjacent to a residential zone) was approved by the Planning Commission on July 19,
1999 for a period of two years (to expire July 19, 2001). This permit was reinstated
(Tracking No. CUP2001- 04370) by the Commission and the time limitation deleted on
June 18, 2001. Staff has included a condition of approval requiring termination of this
permit.
Page 1
Development Standards
Proposed Project
RM -3 Zone Standards
Site Area (after dedication)
0.82 acres (35,870 s.f.)
N/A
Number of Dwelling Units
12 dwelling units
14 units maximum
Avg. Land Area per DU
2,989 s.f.
2,400 s.f. minimum
Lot Coverage
37.0%
45% maximum
Avg. Rec /Leisure per DU
359.5 s.f. per unit (4,314 s.f. total)
350 s.f. per unit (4,200 s.f.
total)
Direction
Proposed
Landscaped
Structural and
Setbacks
Code Required
Structural /landscaped
Setbacks (RM -3)
Adjacent Zoning
North (adjacent to
school)
15 feet structural (1 /2 floor)
5 feet landscaped
10 feet structural (1 floor)
15 feet structural (2 floor)
5 feet landscaped
T
DEVELOPMENT PROPOSAL:
Existing site as seen from Lincoln Avenue
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
(6) The applicant is requesting reclassification of the property as depicted in the above
photograph, from the C -G zone to the RM -3 zone, in connection with a conditional use permit
and tentative tract map to construct a one lot, 12 -unit attached single family residential
condominium subdivision. The site plan (Exhibit No. 1) and tentative tract map indicate the
following site characteristics:
(7)
The site plan (Exhibit No. 1) and tentative map indicate the following setbacks:
Page 2
East (adjacent to
multiple family)
10 feet structural (1 floor)
15 feet structural (2 floor)*
5 feet landscaped
10 ft. structural (1 floor)
15 ft. structural (2 floor)
5 feet landscaped
RM -2
South (adjacent to
Lincoln Avenue)
17 -34 feet structural and
landscaped (20 ft avg.)
20 feet avg. structural
and landscaped
N/A
West (adjacent to
commercial office)
10 feet structural (1 floor)
15 feet structural (2 floor)*
5 feet landscaped
10 feet structural (1 floor)
15 feet structural (2 floor)
5 feet landscaped
CG
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
*Current design reflects a 2 -foot encroachment for a stairwell at the second story. Staff has
included a condition of approval requiring modification of the stairwell to comply with Code.
(8) The buildings are separated by a 20 -foot wide private driveway. There is a separation of 28
feet between the first floor of Buildings 1 and 2, and 30 feet between the second floors.
Code requires a minimum of 20 feet between the first floors and 30 feet between the second
floors of these buildings. The site plan further indicates an existing 6 -foot high block wall
along the north, east, and west property lines. Plans propose the demolition of the six foot
high fence and construction of an eight (8) foot high wall along the west property line.
Concrete brick pavers or colored /stamped concrete would be incorporated into the driveway
entry as a decorative treatment. Code permits maximum three (3) foot high fences within the
required street setback and a maximum height of six feet within all other required setbacks.
Code further requires a decorative masonry wall eight feet in height where a residential
property abuts a commercial property (west property line).
Vehicular access is provided via a private drive from Lincoln Avenue. The site plan proposes
36 parking spaces within the subdivision, with two (2) spaces within a garage for each unit
and twelve (12) uncovered spaces. Code requires a total of 36 parking spaces based on the
requirement of three (3) spaces fora 3- bedroom unit (3 x 12 units 36 spaces). Of the 36
required parking spaces, three (3) are required visitor spaces (0.25 spaces x 12 units). The
applicant does not propose any gates across the entry to the private drive. The private drive
also meets Fire Department standards for access.
(10) The floor plans (Exhibit No. 1) indicate 1,550 square -foot 2 -story units, in two plans,
consisting of an attached two -car garage, living room, family room, dining room, kitchen, and
powder room on the first floor. The second floor would contain three bedrooms and two
bathrooms, an outdoor balcony off the master bedroom (for all but two units), and a laundry
area.
Elevations as seen from Lincoln Avenue
Page 3
(11) Elevation drawings, colored renderings and material board (Exhibit Nos. 2, 3, 4 and 5)
indicate an Arts and Crafts style design for the three proposed buildings. Plans indicate the
buildings would be 24 feet, 6 inches high and two stories. Elevation drawings indicate flat
concrete shingle rooftops, wood siding and stucco finished exterior walls with the use of a
"river rock" veneer along the base of the elevations. Wood shutters and exposed beam
wood work, and wood surrounds are incorporated around the windows and doors and within
the exposed eaves of the exterior. Primary entryways are located underneath a secondary
roof opening for two (2) units on Lincoln Avenue and ten (10) units along the private
driveway. Tapered columns frame the pedestrian entryways into the units and similar
columns would be incorporated into the Lincoln- facing elevation as decorative roof supports.
The color and materials board indicates two color schemes, however the final use and
placement of the colors has not been determined. Staff has included a condition of approval
requiring final elevation plans be submitted for review and approval prior to issuance of
building permits.
(12) The conceptual landscape plan (Exhibit No. 6) indicates six (6) 24 inch box size Pink
Trumpet trees, assorted shrubs and ground cover, and sod on a three foot high berm in the
setback along Lincoln Avenue. Code requires a minimum of 1 tree (24 inch box size) per 20
lineal feet of frontage for a total of 6 trees. The plan also indicates evergreen trees and
associated ground cover within the parking lot at the rear of the property. An assortment of
shrubs and ground cover are proposed along the perimeter of the property within the
required five -foot wide landscape setback areas along the east, west, and north property
lines. The plan also shows small planter boxes located between the garage door entrances
along the private drive, as well as landscaping along the perimeter of the building
surrounding the entrances and outdoor patio areas. Staff has included a condition of
approval requiring that all trees be a minimum of 24 -inch box in size or a minimum brown
trunk height of 8 -10 feet. Staff has also included a condition of approval requiring a detailed
landscape plan reflecting the proposed planting of shrubs and ground cover to ensure the
density of planting commensurate with other recently approved projects in a layered
landscape theme.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaration together with any
comments received during the public review process 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 significant effect on the environment.
EVALUATION:
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
(14) The Anaheim General Plan designates this property for Low Medium Density Residential
land uses, with a density range of 0 to 18 dwelling units per acre. The applicant proposes a
reclassification of the property from the C -G zone to the RM -3 zone, to construct 12 attached
single family condominium dwelling units at a density of 14.6 dwelling units per acre. The
proposed development would be compatible with the existing residential developments to the
Page 4
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
south and east. The project is also consistent with the density of the Low Medium Density
Residential land use designation for the site.
(15) Attached single family residences are permitted in the RM -3 Zone subject to the approval of
a conditional use permit under authority of Code Section 18.06.160 pertaining to residential
planned unit developments. The proposed project complies with code in all respects and
modification of standards as permitted by code for planned unit developments has not been
requested.
(16) The Anaheim General Plan contains a Community Design Element which is intended to
provide a practical framework for specific design guidelines to ensure that design decisions
in various parts of the City serve to implement the City's Vision. One of the goals of the
Community Design Element addresses mid -block residential developments is as follows and
is implemented through the policies identified below:
"GOAL 5.1:
Mid -block residential developments convey a neighborhood atmosphere, high level of
design quality, and strong street facing orientation.
Policies:
Design facades of residences facing arterial corridors to include richly articulated
surfaces, walls, and roofline treatments.
Encourage mid -block residential streetscapes that feature well landscaped
parkways and rhythmic variations of residential facades, styles and color with a
minimum of driveways and /or curb cuts provided (access primarily provided from
the rear of residences).
Incorporate elevated front porches in dwelling units along major arterial corridors to
provide privacy, security, and visual interest.
In addition to porches, require that each dwelling unit have a reasonable amount of
usable private open space (e.g. elevated decks, terraces and rear yards).
Where front yard fencing is desirable, require that it be low -scale and open -view
style, incorporating varied architectural elements consistent with the residential
facades.
Where alley loading is not feasible, minimize curb cuts by incorporating shared
driveways and locating parking behind residences.
Place parkway street trees at regular intervals to buffer residential uses and create
a uniting visual element along the arterial corridor.
Require a minimum landscaped setback between the sidewalk and the front yard
fence to provide more privacy for residents and allow for an additional row of trees
and landscaping.
Page 5
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
Encourage decorative, colored pavement, stamped concrete, brick or composite
material for shared driveways and alleys to reinforce the residential character of
the neighborhood.
Where possible, underground or screen utilities and utility equipment or locate and
size them to be as inconspicuous as possible.
The design goal is to encourage mid -block development that incorporates richly detailed
architecture and contributes to a pedestrian friendly street environment. This can be
accomplished through guidelines that encourage domestic scale and appearance,
orientation to the street, recessed parking and landscaped parkways."
(17) Many design features intended to address the policies indicated above have been
incorporated into the project, including the design of facades facing the arterials, variation in
residential facades, reasonable private open space provided as rear yards, layered
landscaping to provide more privacy for residents, the inclusion of decorative pavement
treatment at the entry driveway, and the appropriate siting of above ground utilities. As
proposed, the project meets the intent of the Community Design Element and further
implements the City's Vision for Mid -block residential development.
Aerial of Subject Property and Adjacent Properties
(18) Staff has included standard conditions of approval relating to landscape design and
maintenance and review of detailed final elevation plans. Staff has included a condition of
approval requiring final site and floor plans to be submitted to staff to ensure compliance with
Page 6
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
the minimum second floor setback of 15 -feet. The applicant is aware of this issue and has
agreed to modify plans to address this requirement.
(19) Staff has not received any public input from neighbors with regard to this project. Records
indicate no open Community Preservation activity pertaining to this property.
FINDINGS:
(20) Before the Planning Commission grants any conditional use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is authorized
by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted
Uses Permitted) of Section 18.66.040 (Approved Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or
to the health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
(21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is consistent
with the City's General Plan.
Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Page 7
Staff Report to the
Planning Commission
December 11, 2006
Item No. 4
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(22) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing, the Planning Commission take the following actions as indicated in the attached
resolutions including the findings and conditions contained therein:
(a) By motion, approve a Negative Declaration for the project.
(b) By resolution, approve Reclassification No. 2006 00187.
(c) By resolution, approve Conditional Use Permit No. 2006 05150.
(d) By motion, approve Tentative Tract Map No. 17081.
Page 8