95-078 RESOLUTION NO. 95R-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND
THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD
BE CHANGED.
WHEREAS, the Anaheim City Planning Commission did
receive a verified petition in Reclassification Proceedings No.
94-95-06 for the Zoning reclassification of certain real property
(the "Property") situated in the City of Anaheim, County of
Orange, State of California, described as follows:
PARCEL 1: THAT PORTION OF LOTS W AND Y OF THE VAN DE
GRAAF TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE
440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 17.71 CHAINS WEST OF THE SOUTHEAST
CORNER OF LOT W OF THE SAID VAN DE GRAAF TRACT; RUNNING
THENCE WEST 30.723 CHAINS TO THE SOUTHEAST CORNER OF LAND
CONVEYED TO ARTHUR H. SMALL BY DEED DATED OCTOBER 31,
1911 AND RECORDED NOVEMBER 8, 1911 IN BOOK 190, PAGE 102
OF DEEDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO SMALL, 17.114 CHAINS TO THE CENTER OF THE
SOUTHERN PACIFIC RAILROAD; THENCE EASTERLY ALONG THE
CENTERLINE OF SAID RAILROAD 30.67 CHAINS TO A POINT 17.71
CHAINS WEST OF THE EAST LINE OF SAID LOT W; THENCE SOUTH
17.97 CHAINS TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING:
THAT PORTION OF SAID LOT W OF THE VAN DE GRAAF TRACT
DESCRIBED AS FOLLOWS:
BEGINNING AS A POINT IN THE SOUTH LINE OF SAID LOT W,
DISTANT THEREON 17.71 CHAINS FROM THE SOUTHEAST CORNER OF
SAID LOT W, SAID POINT OF BEGINNING BEING THE SOUTHEAST
CORNER OF THE LAND CONVEYED TO C. C. BENNETT AND WIFE, BY
DEED RECORDED APRIL 25, 1939 IN BOOK 989, PAGE 484,
OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF
BEGINNING WESTERLY ALONG SAID SOUTH LINE TO ITS
INTERSECTION WITH THE EASTERLY LINE OF THAT CERTAIN 550
FEET IN WIDTH RIGHT OF WAY GRANTED BY ARTHUR H. SMALL AND
WIFE TO J. R. PORTER, TRUSTEE, BY A DEED RECORDED
DECEMBER 11, 1917 IN BOOK 316, PAGE 239 OF DEED; THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE TO ITS
INTERSECTION WITH THE EAST LINE OF SAID LAND CONVEYED TO
C. C. BENNETT AND WIFE HEREINABOVE REFERRED TO; THENCE
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SOUTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING
BEING ALL THAT PORTION OF THE SAID LAND CONVEYED TO C. C.
BENNETT AND WIFE BY SAID DEED, LYING EASTERLY OF THE 550
FEET IN WIDTH RIGHT OF WAY HEREINABOVE MENTIONED.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT W
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT W,
DISTANT WESTERLY 1387.56 FEET FROM THE SOUTHEASTERLY
CORNER OF SAID LOT W, SAID POINT OF BEGINNING BEING AT
THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND DESCRIBED
IN THE DEED EXECUTED BY C. C. BENNETT AND WIFE TO ORANGE
COUNTY FLOOD CONTROL DISTRICT, DATED JANUARY 31, 1944 AND
RECORDED IN BOOK 1243, PAGE 553, OFFICIAL RECORDS; THENCE
NORTH 21 DEG. 19' 20" EAST ALONG THE NORTHWESTERLY LINE
OF SAID ORANGE COUNTY FLOOD CONTROL DISTRICT TRACT OF
LAND 605.20 FEET TO A LINE PARALLEL WITH THE EASTERLY
LINE OF SAID LOT W AND DISTANT WESTERLY 1168.86 FEET
THEREFROM; THENCE NORTH 0 DEG. 07' 50" EAST ALONG SAID
PARALLEL LINE 620.43 FEET TO THE CENTERLINE OF THE RIGHT
OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE
SOUTH 89 DEG. 45' 50" WEST ALONG SAID CENTERLINE 812.11
FEET; THENCE SOUTH 18 DEG, 09' 50" WEST 1233.87 FEET TO
A POINT IN SAID SOUTHERLY LINE OF LOT W WHICH IS DISTANT
WESTERLY THEREON 975.30 FEET FROM THE POINT OF BEGINNING;
THENCE SOUTH 89 DEG. 30' 10" EAST ALONG SAID SOUTHERLY
LINE 975.30 FEET TO SAID POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT Y OF THE VAN
DE GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4,
PAGE 440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET
SAID POINT BEING 474.00 FEET NORTH OF THE INTERSECTION OF
SAID CENTERLINE OF SAID DOUGLAS STREET WITH THE SOUTH
LINE OF LOT Y OF SAID VAN DE GRAAF TRACT; RUNNING THENCE
NORTH ALONG SAID CENTERLINE OF DOUGLAS STREET 145 FEET;
THENCE EASTERLY PARALLEL TO THE SAID SOUTH LINE OF LOT Y,
195.00 FEET; THENCE SOUTHERLY 145.00 FEET PARALLEL TO THE
SAID CENTERLINE OF DOUGLAS STREET; THENCE WESTERLY 195.00
FEET PARALLEL TO THE SOUTH LINE OF LOT Y TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHERLY 25 FEET THEREOF
INCLUDED IN SAID RAILROAD RIGHT OF WAY.
PARCEL 2: THAT PORTION OF LOT "Y" OF VAN DE GRAFF TRACT,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 4, PAGE
440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
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CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET,
AS DESCRIBED IN DEED RECORDED OCTOBER 7, 1926 IN BOOK
682, PAGE 109 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, SAID
POINT BEING 494.00 FEET NORTH OF THE INTERSECTION OF SAID
CENTERLINE OF DOUGLAS STREET WITH THE SOUTH LINE OF SAID
LOT "Y"; THENCE NORTH ALONG SAID CENTERLINE OF DOUGLAS
STREET 85.00 FEET; THENCE EASTERLY PARALLEL TO SAID SOUTH
LINE OF LOT "Y" 160.00 FEET; THENCE SOUTHERLY 85.00 FEET
PARALLEL TO SAID CENTERLINE; THENCE WESTERLY 160.00 FEET
PARALLEL TO SAID SOUTH LINE OF LOT "Y" TO THE POINT OF
BEGINNING.
PARCEL 3: THAT PORTION OF LOT "Y" OF VAN DE GRAFF TRACT,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 4, PAGE
440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET,
AS DESCRIBED IN DEED RECORDED OCTOBER 7, 1926 IN BOOK
682, PAGE 109 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, SAID
POINT BEING 474.00 FEET NORTH OF THE INTERSECTION OF SAID
CENTERLINE OF DOUGLAS STREET WITH THE SOUTH LINE OF SAID
LOT "Y"; THENCE NORTH ALONG SAID CENTERLINE OF DOUGLASS
STREET 145.00 FEET; THENCE EASTERLY PARALLEL TO SAID
SOUTH LINE OF LOT "Y" 195.00 FEET; THENCE SOUTHERLY
145.00 FEET PARALLEL TO SAID CENTERLINE; THENCE WESTERLY
195.00 FEET PARALLEL TO SAID SOUTH LINE OF LOT "Y" TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL
2 HEREINABOVE DESCRIBED.
WHEREAS, on July 9, 1969 the Orange County Planning
Commission approved Orange County Use Variance No. 6244 (permitting
a 236-space mobile home park on the Property for a period of 15
years); and
WHEREAS, on July 2, 1970 the Property was annexed to the
City of Anaheim as part of the Douglass-Katella Annexation and that
an ordinance establishing RS-A-43,000 "Residential/Agricultural"
zoning on the property was adopted by the City Council on July 14,
1970 in connection with Reclassification Proceedings No. 69-70-42;
and
WHEREAS on March 1, 1983, the City Council adopted an
ordinance in connection with Reclassification Proceedings No. 82-
83-19 establishing the Mobilehome Park (MHP] Zone Overlay on the
Property; and
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WHEREAS, on March 17, 1987, the City Council adopted
General Plan Amendment No. 214 to change the General Plan land use
designation for the Anaheim Stadium Business Center (which includes
the Property) from General Industrial to Business
Office/Service/Industrial; and
WHEREAS, on May 21, 1991, the City Council granted
Conditional Use Permit No. 3402 (to retain the existing 236-space
mobilehome park on the Property with waivers of minimum front, side
and rear yard setbacks, minimum number of parking spaces, and
maximum fence height); and
WHEREAS, on February 14, 1994, the owner of the Orange
Tree Mobilehome Park, as lessee of the Property, gave notice of its
intention to close the mobilehome park as of March 1, 1995, filed a
Conversion Impact Report with the City of Anaheim concerning the
impact of the closure upon the displaced residents of the
mobilehome park, and provided a copy of such Conversion Impact
Report to a resident of each mobilehome in the park, all as
required by the provisions of Government Code Section 65863.7 and
Civil Code Section 798.56; and
WHEREAS, on May 2, 1994, the Planning Commission
determined that the Conversion Impact Report filed on February 14,
1994 by the owner of the Orange Tree Mobilehome Park, Campanula
Properties, Inc., and a supplement thereto dated April 28, 1994,
setting forth the applicant's intention to close the mobilehome
park on March 1, 1995, (collectively the "Closure Conversion Impact
Reports") were insufficient which determination was thereafter,
within the time provided by law, appealed to the City Council; and
WHEREAS, on June 7, 1994, the City Council referred said
appeal to a Hearing Officer who, following a public hearing on
August 9, 1994, concluded that the Closure Conversion Impact
Reports complied with the requirements of Government Code Section
65863.7 and adequately addressed the issues submitted, namely the
relocation costs of the displaced residents including the costs of:
(a) dismantling and reassembling the units, (b) transportation of
the mobilehomes, and (c) improvements required by the mobilehome
park to which the mobilehomes would be relocated; and, therefore,
it was the Hearing Officer's recommendation that the City Council
adopt the Closure Conversion Impact Reports as submitted; and
WHEREAS, on or about July 25, 1994, the applicant filed a
petition in Reclassification Proceedings No. 94-95-05 proposing to
reclassify the Property from the RS-A-43,000 (MHP) "Residential/
Agricultural, Mobilehome Park Overlay" Zone to the RS-A-43,000
"Residential/Agricultural Zone (thereby removing the MHP Overlay
Zone from the Property) and, pursuant to the requirements of
Chapter 18.92 of the Anaheim Municipal Code, filed a new Conversion
Impact Report in conjunction therewith (the "July 25, 1994
Conversion Impact Report"); and
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WHEREAS, on September 20, 1994, the City Council found
that the Closure Conversion Impact Reports complied with state
statutes, and reserved the issue of tenant relocation payments, if
any, to be determined as part of the then pending proceedings in
connection with Reclassification Proceedings No. 94-95-05 (proposed
removal of the MHP Zone Overlay); and
WHEREAS, on October 17, 1994, the Planning Commission
accepted the applicant's request to withdraw Reclassification
Proceedings No. 94-95-05 from consideration; and
WHEREAS, the applicant thereafter filed another petition
to similarly reclassify the Property by removing the MHP Overlay
Zone in Reclassification Proceedings No. 94-95-06 and filed another
Conversion Impact Report dated January 15, 1995, in conjunction
therewith; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on March 6, 1995
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 Code, Chapter 18.03, to hear and consider
evidence for and against said proposed reclassification and to
investigate and make findings and recommendations in connection
therewith; and that said public hearing was continued to the March
20, 1995 Planning Commission meeting; and
WHEREAS, within a period of forty (40) days follow said
hearing, the Planning Commission did duly adopt its Resolution No.
PC95-50 containing a report of its findings, a summary of the
evidence presented at said hearing and approved the proposed
reclassification based upon certain findings, and subject to
certain conditions, as set forth in said Resolution; and
WHEREAS, thereafter, within the time prescribed by law,
the owner of the Property appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on May 16, 1995, the City Council did hold and
conduct a duly noticed public hearing on such appeal, and did give
all persons interested an opportunity to be heard, and did receive
evidence and reports thereon, and did consider the same; and
WHEREAS, the City Council, 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
public hearing, does find and determine that:
1. The petitioner proposes reclassification of subject
property from the RS-A-43,000(MHP) (Residential/
Agricultural - Mobilehome Park Overlay) Zone to the
RS-A-43,000 Zone.
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2. The Anaheim General Plan designates subject property for
Business Office/Service/Industrial land uses.
3. The Property was most recently developed with a 219-space
mobilehome park (and was originally approved for a
maximum 236-space mobilehome park).
4. The Conversion Impact Report dated January 15, 1995,
indicates that a majority of the mobilehomes have been
relocated and all but two of the remaining mobilehomes
have confirmed relocation plans.
5. The 217 of the original 219 mobilehomes have already
vacated or made plans to vacate the mobilehome park, that
the effective vacancy rate is in excess of 99%, and that
operation of a mobilehome park with even a 35% vacancy
rate is neither economically feasible nor viable.
6. For the aforesaid reasons, denial of the subject
reclassification would deprive the owner of all
reasonable or economically viable use of the property.
WHEREAS, pursuant to the requirements of Section
18.92.060 of the Anaheim Municipal Code, the City Council has
reviewed the contents of the July 25, 1994 Conversion Impact Report
and the January 15, 1995 Conversion Impact Report, and has heard
testimony and evidence relating thereto, and based upon such
testimony and evidence further finds and determines that:
1. The term "displaced mobilehome owners" as used in Section
18.92.060.040 of the Anaheim Municipal Code means only
those persons who: (a) owned a mobilehome and resided in
the Park on July 25, 1994; (b) did not sign a relocation
agreement; (c) were displaced as a result of the Park
closure, and not for some other reason; and (d) actually
incurred a net out-of-pocket cost to relocate his or her
mobilehome from the Park.
2. The actual or estimated reasonable relocation costs
incurred, or which may be incurred, by each displaced
mobilehome owner as calculated pursuant to paragraphs
.0401, .0402 and .0403 of subsection .040 of Section
18.92.060 of the Anaheim Municipal Code is the sum of
$5,662.
3. Incentives and payments are available to each displaced
mobilehome owner from mobilehome parks to which displaced
mobilehomes can be located in the average amount of
$2,803, which amount reduces, or would reduce, the
relocation expenses incurred by displaced mobilehome
owners.
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4. The reasonable measures necessary to mitigate any
identifiable adverse impacts of the change of use of the
park on the ability of the displaced mobilehome owners to
find adequate replacement space in another mobilehome
park (as defined and limited pursuant to Section
18.92.060.040 of the Anaheim Municipal Code) is payment
of relocation benefits to each such displaced mobilehome
owner in the sum of $2,849 per mobilehome.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The
Anaheim City Council has reviewed the proposal to reclassify
subject property from the RS-A-43,000 (MHP)
(Residential/Agricultural - Mobilehome Park Overlay) Zone to the
RS-A-43,000 Zone on an irregularly-shaped parcel of land consisting
of approximately 25 acres located on the east side of Douglass Road
approximately 1080 feet north of the centerline of Katella Avenue
with a frontage of approximately 995 feet on the east side of
Douglass Road and further described as 1400 South Douglass Road
(Orange Tree Mobilehome Park); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the
independent judgement 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City
Council does hereby approve the subject Petition for
Reclassification in Reclassification Proceedings No. 94-95-06 to
authorize an amendment to the Zoning Map of the Anaheim Municipal
Code to exclude the above-described Property from the RS-A-
43,000(MHP) (Residential/Agricultural - Mobilehome Park Overlay)
Zone and to incorporate said described Property into the RS-A-
43,000 (Residential/Agricultural) Zone upon the following
conditions which are hereby found to be a necessary prerequisite to
the proposed use of the subject Property in order to preserve the
safety and general welfare of the citizens of the City of Anaheim:
1. That prior to the introduction of an ordinance removing
the Mobilehome Park (MHP) Zone Overlay, the petitioners
shall pay relocation benefits in the amount of $2,849 per
mobilehome to each mobilehome owner who resided at the
Orange Tree Mobilehome Park on July 25, 1994, and who
meet the following additional criteria:
(a) have not signed a rent deferment agreement or other
relocation agreement with the Park owner; and
(b) were not displaced for reasons other than Park
closure (such as eviction for failure to pay rent or
other breach of the rental agreement, voluntarily
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abandonment of the mobilehome, repossession of the
mobilehome, filing of a petition for bankruptcy, or
otherwise relocated for reasons other than the
closure of the Park); and
(c) actually incurred a net out-of-pocket cost in
relocating from the Orange Tree Mobilehome Park,
(i.e., their actual costs to relocate exceeded
benefits they received, including, but not limited
to, deferred rent and incentives from their new
park).
2. That prior to the introduction of an ordinance removing
the Mobilehome Park (MHP) Zone Overlay, the property
owner shall submit a letter to the Zoning Division of the
Planning Department requesting termination of Conditional
Use Permit No. 3402 (to retain an existing 236-space
mobilehome park with waivers of minimum front, side and
rear yard setbacks, minimum number of parking spaces and
maximum fence height).
3. That prior to placement of an ordinance rezoning subject
property on an agenda for City Council consideration,
Condition Nos. 1 and 2, 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 18.03.085 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.
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; provided, however,
this approval shall also constitute a determination of
the benefits to be paid to displaced tenants pursuant to
the provisions of Section 65863.7 of the Government Code
of the State of California.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that the adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
condition or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then
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this Resolution, and any approvals herein contained, shall be
deemed null and void.
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 said 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 36th day of May , 1995.
MAYOR OF THE HEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
12061.1\JWHITE\May 18, 1995 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-78 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 16th day of May, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-78 on the
18th day of May, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 18th day of May, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-78 was duly passed and adopted by the City Council of the City of Anaheim on
May 16th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM