Loading...
PC 81-4RESOLUTIOt! M0. PC81-4 A RESOLUTION OF THE ANAHEIM CITY PLANMINr, COMMISSION TF~AT PF.TITION FOR RECLASSIFICATION N0. 80-81-21 BE GR.ANTED, WHEREAS~ the Anaheim City Planntng Commission did recelve a verified petition for Reclassification from EPHRIAM BEARD~ ET AL, 1542. "B" Noulton Parkv~ay~ Tustin, California 92~30~ owners, and JONATHAN WERB, c/o Forest City Dillon, Inc.~ 11611 San V1=ente Boulevard~ Suite 740, Los Anaeles~ California A0049, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: TNE SOUTH HALF OF THE NORTHEAST Q~!AP,TER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECT:UP! 23, TOWNSHIP ~! SOUTH~ RANGE 11 WEST, iPl 'iHE RANCHO LOS Cn'{OTFS, AS PER MAP RECORDED IN BOOK 51. PAGE 11 OF MISCELL/1PlEOUS MAPS, IDI THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Ctvic Center in the City of Anahetm on January 12, 1?81, at 1:34 p.m.. notice of said public hearing having been duly given as requlred by law and in accordance with t!?e provisions of the Anaheim Munlcipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to tnvestigate and make findtngs and recommendattons in connection therewith; and WHEREAS~ said Commtsston, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at satd heartng~ does find and determine the followina facts: 1. That the pe*_itloner proposes reclassificatfon of suhject property from the CL (Commercial, Limited) Zo~e to the RM-3000 (RestdPntia', MultTple-Family) 7one. 2. That the Anahetm General Plan designates subject property for low- medium density residential and general commercial land uses. 3. That the proposed reclassification of subject prooerty Is necessary and/or desirable for tfie orderly and proper development of the community. 4. That the proposed reclassificatton of subject property does properly relate to the zones and thetr permttted uses locally establtshed in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That no one tndlcated their presence at said public hearing Tn opposition; and that no correspondence was receivad in oppositton to the subJect petition. ENUIRONMENTl1L IMPALT FINDING: That the Anaheim City Planning Commisston has reviea~ed t e proposal to rec ass y subject property fr«n the CL (COMMERCIAL~ LIMITED) ZONE to the RM-3000 (RESIDENTlAL~ MULTIPLE-FAMILY) ZONF to permit an ~1-lot, 80-unlt condomtnlum subdivlsion (?5$ affordable) wTth waivers of required lot frantage~ mtnimum lat area per darelllna unit, minimum landscaped setback and ml~tmum PC81-4 ~4 ~ M. I number and type of parF;ing spaces cn a rectangularly-shaped parcel of land conslsting ;.~ of approximately 4.7 acres, havtna a frontage of approximatel side of Beach Boulevard, having a maxtmum depth of a Y 33~ feet on the west ; located approximatel PProximately 62R feet and being Y 330 feet south of the centerline of Ball Road (1241 South Beach - Boulevard); and dces hereby approve the Negative Declaration from the requirement to preparc an envtronmental imoact report on the basis that there would be no significant indlvidual or cumulative adverse environmental impact due to Lhe approval of this Negative Declaratlon sfnce the Anaheim General Plan desiqnates the subJect property for low-medtum density residential and general commercial land uses commensurate with the proposal; that no sensitive environmental impacts ar~ involved '~' in the proposal; that the Initial Study submttted !~ stgn(ficant individual or cumulative adverse envtronmentaliimpacts;jandCthat the ~ Negatlve Declaration substantiating the foregoinq findings Is on file tn the City of Anahetm Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anahetm Clty Planning CommPssion dces hereby grant subject Petition for Reclassification and~ by so dotng, that Title 18-Zoning of the Anahetm Municipal Code be amended to exclude the above-described property from the CL (COMMERCI.AL~ LIMITED ZONE and to incorporate said described property into the RM-3000 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE upon the following condttions which are hereby found to be a necessary pr ~uisite to the proposed use of subJect property in orcler to preserve the sa*~cy and general welfare of the Citfzens of the City of Anaheim: 1. That trash storage areas shal) be provided in accordance with approved plans on flle ~oith the Office of the Executtve Director of Pub11c Works. 2. That fire hydrants shall be installed and charoed as requlred and determtned to be necessary by the Chief of the Fire Deoartment prior to commencement of structural framing. 3. That subJect prooerty shall be serve3 by underground utfltties. 4. That drainage of subject property shall be disposed of in a manner satlsfactory to the City Engineer. 5. That the o~~m er of subject pro~erty shall pay to the City of Anaheim the approprtate park and recreatton in-)ieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 6. That completton of these reclasstficatlon proceedinus is contingent upon the granting of Condttional Use Permit No. 2164, 7. That an ordinance rezoning the sub.ject property shall In no event become effective except upon or following the recordation of Flnal Tract Map No, 11364 withtn the time speclfled in Government Code Section 6F4~3.5 or such further tlme as the advisory aqency or City Council may grant. 8. That appropriate water assessment fees as determined hy the Office of Utllities General Manager shall be patd to the City of Anahetm prlor to the issuance of a butiding permtt, -2- PC81-~t ~ ~ 9. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the Ctty Council, for each new dwellinq untt prior to the issuance of a building permit. 10. The seller shall provtde the purchaser of each condominium unit with written information concerning Anahelm Munictpal Code 11i.32.50~ pertaining to "parking restric~ed to facilitate street sweeping". 5uch a~rttten Information will clearly indicate when on-street parking is prohthlted and the penalty for violatfon. 11. That the owner(s) of suhJect property shall submtt a letter requesting the terminatlon of Variance No. 2001 and Conditional Use Permit No. 51 to the Planrttng Department. 12. That suhject property shall be developed substantlally in accordance wtth plans and specificattons on file ~oith the City of Anahelm marked Exhibit Nos. 1 through 7. ~3. Prlor to the introduction of an ordinance rezoning subjec' property. Condition No. 6, 7 and 11, above-mentioned, shall be completed. The provPsions or rights granted by this resolutlon shall become null and void by action of the _. Planning Commtsston unless said conditfons are comolted with within one year from the date hereof, or such further time as the Planning Commission may grant. 14. That Condition Nos. 1, 3~ 4 and 12~ above-mentioned, shall be complied with prior to final building and zoning inspecttons. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant~s compltance with each and all of the conditions herelnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by Lhe finai judgment of any court of competent jurisdiction~ then this Resolution, and any approvals herein contained, shall be deemed null and vold. THE FOREGOING RESOLUTION is stgned and approved by me this 12th day of January~ 1981. ATTEST• O~ ~~ GHAIRMAN~ ANAHEIM CITY PLANNING COMM SSIOPJ ~~ ~ ~ SELRETARY, ANAHEIM CITY PLANNING COMMISSIOr~ ~ i __ ~ :~ ~ - ~ ,,i ~ -3- PC81-4 f ~~- _ i . . _ ,.... . ...~.:...~._,v:,.,,,- r°...- ,.~.._. __~.- _._._ -- . _._._ _ _ . _ t..~~ rr STATE OF CAI.IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. Edith L. Harris, Secretary of the Anaheim City Planning Commission. do hereby certify that the foregoing Yesolutlon was passed and adopted at a meeting of the Anahetm City Planninc~ Cortmisston held on January 12, 19R1, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHOP,E, FRY, KING~ TOLAP, NOES: COMM15510NERS: NONE ABSENT: COMMISSIONERS: BARNES~ HERBST 1981. IN WITNESS WNEREOF, I ha~e hereunto set my hand this 12th day of January~ ~ ~ ~ SECRETARY~ ANAHEIM CiTY LANNING C(1NMISSION '.,.. _t~.. PC 81-~~ RFSO~urin~! rin. Pc3~-~, A RESOLUTID~! OF THE AIJFlHEIM CI7~ ?LAMFIi~I~ C~~1~11SSin;•~ Tf!AT PF.TITIOtJ F~R REf,LASSIFIC/ITIOM IvO. P,l1-81-21 BE GP,{?r~TED. WHFREFlS, the Arahein City Planning Commission did receive a verified petition Tor Reclassificatton from EPFIP.IAN DEARD, ET AL, 151E.'. "B" Houlton ?ark~;~ay, Tustin, Californta 92S8o, o+,mers, and JON7ITHAId 1JERf3, c/o Forest City Dillon, Inc., 11611 San ~licente Boulevard, Suite 7~~0, Los Anaeles, California ~n01+~, owner of certain real property situatPd in the City of Anaheim, County of Orange, State of !'alifornia, described as: PARCEL 1: TNF SOUTH HALF OF THE ~JORTHFA~T Q!IARTf_? OF TH[ NORTHEAST QUARTER OF T~1E P10RTHEAST QUARTF° OF SECTIOPI 23, TOWFlSHIP 4 SOUTH, RANGE 11 4lES7, IN TNF RAr1CHn LOS CnY0TF5, AS PFp t1AP RECORDED IM BOOK 51, FA~E il OF MISCELLA"lEOI1S '1APS, IM iHE OFFICE OF THE COUNTY RECOP,DER QF SAID COUNTY. WHEREAS, the City Planning Commission did hol~i a public hearing at the Civic Center in the City of Anaheim on Januarv 12, 1~21, at 1:3^ p.m., notice of said pu6lic hcarinq hav(ng been duly given as requlred by la~•r and in accord~nce arith the provisions of the Ana`~eim Municipal Code, Chapter 1`3.~13, to hear and constder evidence for and aaainst said proposed reclassification and t~ investiqate anrl make findings and recur,mendations in connection there~~rtth; and WHEREAS, said Commission, after due inspection, investigation and study macle by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find ar.d determine tne followino facts: 1. That tf1P. netitionPr q~nnqc~C rn~l~ccifi~~~i.... nC ..~~~~y~ ~~v~~r~.Y ~~Giii the CL (Commercial, Limited) Zone to the RM-3p00 (Residential, Multiple-Family) 7one. 2. That the Anaheim (;eneral P1an designates subject prooerty for low- medium density residential and general coranercial land uses. 3. That the proposed rec?assffication of sublect prooerty is necessary and/or desirable for the orderly and proper de~~elo~ment of tl~e c~mmunity. ~!. That the proposed reclassificat!on of suhject propertY does properly relate to the zones and their nermitted uses locally estahlished in close proximity to subject property and to the zones and their permitted uses a?nerally established throughout the community. 5. Thai no one indicated their presence at said pubiic hearing tn opposition; and that no correspondence was received in oopositinn to the subject Petition. E~1VIR~~4IENT~1_ ;MPACT FINGIP!r,: ~fhat the Anaheim Citv Plannina Conmission has reviewed the proposal t~ reclassl y subject property frrni the CL (COMMERCIAL, LIPIITED) ZOP1E to the RM-3~00 ~RFSIDENTIAL, MULTIPLE-FAMILY) ZONF to permit an R1-lot, 80-unit condominium subdivision (25;; affordal,le) ~aith ~yaivers of reouirecf lot frontage, m(nimum lot area per d~•~ell(n~ u~it, min(mum lar~dscaped setback and minimum PCf31-4 ~umber and type of parl;ing spaces on a rectanqi~iarly-sha~ed parcel of iand conslsting of approxlmately ~F.7 acres, havin~ a frontaae of apprnximate)v ?3~ feet on the west side of Beach Boul~vard, havinq a maxfnum depth of anpror,imately ~2n feet and being located anproximately 330 feet south of the centerline ~f Ball P,oad (1241 South Beach goulevard); a~d do~,s hereby aoprove the tJegative Declarattor from the requirement to prepare an envtronmer,tal imoact report on the hasis that there o-ro uld be no significant tndividual or cumulative adver,e environmental '~~nact due to the aoproval of this Negatfve Declarati~n since the Anaheim Gener~l property for low-mediur~ density residential and `~eS1Qnates the subje~~ commensurate o-rith the oroposal; that no sensitive e m~lronmental~impacts,areainvolved in the proposal; that the Initial Study suhmitted hy the petitioner indicates no signtficant individual or cumulative adverse environmental impacts; and tP~at the Negative Dec)aration subst~ntiatinq the foregoinc~ flnd-ngs is on file in the C(ty of Anaheim Planninq Department. r~~~, THEREFpRE, BE IT RESOLUFD that the Anaheim City Piann~nq Commission does herehy grant subject 'etition for Reclassi~ication and, by so doina, that 7itle 1£3-Zoning of the Anahein Municipal Code he amended to exclude the above-described property fr~r~ the CL (COMME°C!q~, LIMITFD lOhlE and to incor•porate sai~l described property into the RM-3000 (RFSIDFhITIpL, MIiLTiPLF-FqHILY) ZnNE upor, the followinq conditi ms which are herehy f~wnd to be a necessary prerequ(site to the proposed use of subject proper*_y in order to preserve the safety and general wel`are ~f the Citizens or the City of Anaheim: 1, That :rash sto~age areas shail be orovided in accordance ~oith approved plans an flle tvith the Orfice of the Executive Director of Puhl~c t•lorMs. Z. That fire hydrants shall he installed and charoed as required and determined to be necessary by the Chief of the Fire Deoartment pr(or to cnmmencement of structural framina, 3. 1'hat subjec~ oro.r,erty shall be served by under~round ~.itilities. 4• That drainage of suhje~t prooerty shall be disposed of in a manner satisfacT.ory to the Cfty Engineer. 5. That the ot~m er of suhject property shall p~y ~~ th~ Citv of Anaheim the eppropriate par!< and recreafion in-lieu fees as dPtermined to be appronriate by the City Counctl, said fees to be paid at the tine the buildino permit is issued, ~. That completion of thc~se reclasslfication nroceedinos is cont(ngent ~P~n the granting of Conditiona) Use PermiC Plo, 71(!}, 7. That an ordinance rezoninq the suh' becom~ effective excPpt upon or foil lect pr~perty shall in no event 113b4 ~•~ithin o~~~ing the recordation of Final iract !4ap yo, the time spec(f(e~t in Government Cnr~e Sectinn ~F<<~3,~ or si~ch further time a, the advfsory anency or Citv Council mav qrant. ~. That appronriate ~vater assessment fees as determin~d hy the Offtce of Ut(lities General Manaaer sha11 he paid to the City of Anahefm nrtor to the issuance of a buildino permit, °?_ PC,4 ~ -!~ 9. That the c~•:ner(s) of suf,ject property shall pay the traffic sianal assessment fee (Ordinancr. No. 33^0) in an amnunt as determinn~i hy the City Councii, fqr each nei•~ d~vellin^ unit prior t~ the issuance of a huilding permit. 1~. The seller shall ~rovide the purchaser of each condominiu~i ~aic••~ith written informat?on concerning Anaheim Municipal Cor1e 11~,32,S~n oertairfnn tn "parking restrictec' to facllitate str~ec swcepinq". Such ~iritten information o-ii~l clearly indicate Hihe~ on-street parking is prnhihit~d and the ~enalty f~r violaticn. 11. That the oam er(s) of suhject pro~erty shall siihmit a letter requesting the termination of Variance PJo, 2n~1 and Conditional Use Permit PJo. ~1 to the Plannfng Department. 1~. That suhject pronerty shall he developed suhsLan[ial)y in accordance wtth plans and specifications on file ~•~ith the City of An~heim markeri Exhihit Nos, i throuah 7, 13. Prior to thF. introduction of an ordinonce rezoning subject propPrty, Condition No. G, 7 and 11, above-mentioned, shall he completed. The provisions or riqhts granted by this resolution shali hecome null and v.~id by action of the Planning Commission unless said conditions are comnlied a~ith i•~ithin nne year from the date hereof, or such further time as the Planninq Commission may ~rant. 14. That Condition ~los. 1, 3, ~r and 12, above-mentioned, shatl be complied with prior to f(nal building and zoning inspections. BE IT FURTHEF RESOI.UED that the Anaheim City Planninq Commis~ion does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant~s compl(ance with each and ail of the conditions herelnabove se~ forth. Should any such condition, or any part thereof, be declared invalid or unenforceabie by the final judgmenk of any court of com~etent jiirisdicti~n, then this Resolutian, and any arnr~ya)~ ti~~..t,. _,,,, -~~ ;;,~,ii LC ueemeo null and vold. ".~~~~ , THE F~REGOING RESOLUTIOt! is signed and approved by me this 12th day ef January, 1931. ATTEST: ~ ~ !'"F~iL4„s:a SECRETARY, ANAHEIM CITY PLAtJNIPlG COM,MISSIO~! -3- ~~~ ~'~_ CHA I R 1AN, .qP1AHF I M C I TY PLP.MN I N~ COMM I$S I ON PC31-4 s~ STATF OF CALIFOaMIA ) COUNTY OF OP,ANGE ) ss. CITY OF APlANEI~1 ) i, Edith L. Harris, Secretary of the Anaheim City Planning Comr+ission, do hereby certify that the forenoinn resolution ~~~as passed and ado~ted at a meetinn of the Anahetm Lity Planninn Commission held on January 12, iQ£~1, by the followinq vote of the members thereof: AYES: COMMISSIOM[RS: BOt!AS, EiUSHOP,F, FRY, Y.I"!S, TOL/1P. NOES: COMMISSIONERS; N~NE AE3SENT: C(1MMISSIO~lERS: BAFNFS, HERBST 1981 !t4 WITPlESS WHFREOF, I ha~~e hereunto set my hand this 12th da~, of January, `~~,~,~. ~? ~.~, SECRFTAP,Y, AF'AHEIM CITY PLAhI"IING C(1>+Missinr~ -1~_ PC31-!i