Loading...
PC 82-141,--. RESOLUTION N0. PC82-141 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION POR RECLASSIFICATION N0. 82-a3-1 SE GRANTED WHEPEAS, the Anaheim City Planning Commission did receive a veri£ied petition for Reclassification from GEORGE M. KUBO, ET AL,, 2ggg Lynrose Drive, Anaheim, California 92804, owners, and THE SA122SIC COMPANY, 18002 Skypark Cirale, Irvine, California 92714, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 148, PAGE 3 OI' PARCEL MAPg IN THE OFFICE CF THE RF.CORDER UF SAID COUNTY. PARCEL g; THAT PORTTON OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.H.B. & M., IId THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OI' CALZFORNIA, DESCRIBED AS FOLLp47S : BEGINNING IN TIiE NORTH4JEST CORNER OF PARCEL B AS SHOWN ON A MAP FILED IN BOOK 12, PAGE 34 OF PARCEL MApS, IN :'yE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE S 89° 36' SJ" W. 64.00 FEET; THENCE N 0° 12' 10" y~, 0.20 FEET TO THE HEGINNING OF A TANGENT CURV'E CONCAVE SOUTHEASTERLY AND FiAVING A RADIUS OF 192 FEET; THENCE NORTHERLY AND NORTHEASTEF2LY ALONG THE ARC OF SAID CURVE THROUGY. A CENTRpZ, ANGLE OF 38° 27' ?4" AN ARC DISTANCE OF i28.86 FEET TO THE BEGINNING OF A REVEgSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 128 PEET; THENCE NORTHEASTEW,Y AND NORTHERI,y p,.L,OtIG TfiE ARC OF SAID CURVE THROUGH A CENTRAi, ANGLE OF 38° 25' 39" AN ARC DISTANCE OF 85.88 FEET; THENCE N 0° 10' 35" W, 2.57 FEET; THENCE N 89° 35' 50" E, 86.00 FEET; THENCE S 0° 10' 35" E, 3.96 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 162 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY AI,ONG THE ARC OF SAID CURVE TFIROUGH A CENTRAL ,~1A7GLE OF 49° 92' S7" AN ARC DISTANCE OF 140.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONGAVE SOUTHEASTERLY ANp HAVING A RADIUS OF 98 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE TEIROUGH A CENTRAL AAIGLE OF 49° 34' 32" AN ARC DISTANCE O~ 84.79 FEET TO THE POINT OF HEGINNSNG, DATED DECEMBER 31, 1974. ~~~5, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 12, 1982 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 i.n connection therewith; said public heariag having been continued to the Planning Commission meeting of July 26, 1982; attd PC82-141 `~Gwpa«.~._ .~!.us~w.7..- . . " ' ~-~'~, n,`. .._ _~ ra b~ r _ ,.., -',~ WHERE~S, 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 arid determine the following '' facts: 'j,,, ~~~ 1. That the petitioner proposes reclassification of subject property =j r"rom the CL (Commercial, Limited) and RS-A-h3,000 (Residenti.al/Agricultural) ~~ zones tu the RM-3000 (Residential, Multiple-Family) zone. ~ 2. Tnat the Anaheim General F~lan designates subject prop~rty for ~ medium-density residential land uses. v. ~f 3. That the proposed reclassification of subject property is necessary °. and/or desirable for the orderly and proper development of the community. d} ~~ 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. :y til 5. That the proposed reclassification of subject property requires the ;; improvement of abutting streets in accordance with the Circulation Element of ~~ the General Plan, due to the anticipated increase in traffic which will be ~ generated by the intensification of land use. ~ F '' 6. That 2 ersons indicated their resence at said P p public hearina in ~ opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit reclassification of subject property from the CL (Commercial, Limited) and RS-A-43,000 (Residential/Agricultural) Zones to the RM-3000 (Resiclcntial, Multiple-Family) Zone to permit construction of a 35-unit affordable condominium complex with waivers of minimum lot area per dwelling unit, maximum structural height, minimum landscaped setback, minimum sideyard setback, minimum recreational/leisure area and required screening of parking facilities on a rectangularly-shaped parcel of land consisting of approximately 1.7 acres located at the northerly terminus of Hayward Street, and further described as 72U South Beach Boulevard; and does hereby approve the Negative Declaratinn from the requiremen to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for medium-density residential land uses commensurate with the proposal; that no sensitive environmental impaats are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. -2- PC82-141 ,_, NOW, THEREFORE, BE IT RESOL\7ED that the Anaheim City Planning Commission does hereby qrant subject Petition for Reclassification and, by so doing, that Title 18-Zoning of the Anaheim Municipal Code be amended to exclude the above-described property from the CL (Cortunercial, Limited) and RS-A-43,000 (Residential/Agricultural) Zones to the RM-3000 (Residential, Multiple-Family) 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 ~afety and general welfare of the Citizens of the City of Anaheim: 1• That the owner(s) of subject property shall deed to the City of Anaheim, land for a 32-foot radius modified cul-de-sac. 2• That (a) all engineering requirements of the City of Anaheim, along Hayward Street incluc'ing preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilitiss, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Off:ce of the City Engineer; and that security in the forn of a bond, certificate of deposit, letter o£ credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. S~id security shall be posted with the City prior to approval of improv~=_ment plans. The above-required improvements shall be installed prior to occupancy. 3• That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4• That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of strnctnral fr~ninq. 5• That subject property shall be served by underqround utilities. 6• That drainage of subject property shall be disposed of in a nianner satisfactory to the City Engineer. 7• That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8• That a modified cul-de-sac shall be provided at the terminus of Hayward Street subject to the approval of the City Engineer. 9• That the original documents of any proposed covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation, shall be submitted to the City Attorney's Offiue and. approved by the City Attorney's office and Engineering Divisir~n prior to the final tract map approval. Said documents as approved shall be filed and recorded in the Office of the Orange County Recorder. 0 -3 PC82-141 ~ 10. That completion of these reclassification proceedinqs is contingent upon the crranting of Conditional Use Permit No. 2354. 11. That prior to the issuance of building permits, the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for each new dwellinq unit. 12. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Hayward Street. 13. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City i;ouncil, for tree planting purpo~es along Hayo~ard Street. 14. That a 6-foot masonry wall shall be constructed along the east and west property line(s). 15. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code 65915 which agreement shall be recorded concurrently with or prior to the approval by the Final Tract Map for subject property which shall provide that 30B of the units shall be sold as low or moderate income housing as defined in Government Code 65915 and with appropriate resale controls as approved by the City of Anaheim. 16. That prior to issuance of buildino permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Nutnber 542, Sound Attenuation in Residential Projects. 17. That subject property shall be developed substantially in accordance with plans and specif~cations on file with the City of Anaheim marked Exhibit Nos. 1 through 4, provided, however, that prior to issuance of a building permit, revised plans ~hall be submitted to and approved by the Planning Commission including four (4) on-site recreational vehicl? parking spaces. ~ 18. That prior to the introduction of an ordinance rezoninq subject property, Condition No(s}, 1, 2, 12 and 13, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Plann3ng Commission unless said conditions are complied with within one year from the date hereof, or such further time as th~ Planning Commission may grant. 19. That Condition Nos. 3, 5, 6, B, 14 and 17, above-mentioned, shall be complied with prior to final building and zoning inspections. -4 PC82-141 ~~. •. r~ ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission fioes,~• hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TH~ FOREGOING RESOLUTION is signed an approved by me this J 1~26; 1982. ~~ C A , AN H.°.IM CIT ANNING COMMISSION ATTEST: ~ ~ SECRETARY, AN~ CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify tttat the foregoing resolution was passed and adopted at a meetinq of the Anaheim City Planning Commission held on July 26, 1982, by the following vote of the members there of: AYES: COMMISSION~RS: BOUAS, FRY, HERHST, KING, I.A CLAIRE, MC BURNEY NOES: COMMISSIONERS: BUSHORE ABSENT: COMMISSION~RS: NONE IN WITNESS WHEREOF, 2 have hereunto set my hand this 26th day of July, 1932. /1 vlY.~Ri. oL ' /`rWV1As SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC82-141