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PC 82-210r'°~.~ ~~ I `I! RESOLUTION NO. PC82-210 '.'' A RESOLUTIpN OF THE ANAHEIM CITY PLAAINING CUMMISSION THAT PETITION FOR RECLASSIFICATION NO. 82-83-4 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from ALBERT BORCHARp & KEI~7ETH L. LARSON, 5915 Burchard Avenue, Los Angeles, California 90034; and ROY W. MABEE, 2651 West ~ Lincoln Avenue, Anaheim, California 92801, owners, and GFELLER DEVELOPMENT ; CoMPANY, INC., 228 West Main Street, Tustin, California 92680, p.~; gpg !~ REESE, agent of certain real property situat~d in the City of Anaheim, County of Orange, State of California, described as follows: .; I THE SOUTH 815 . 0 0 FEET OF THE EAST HAI,F OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SSCTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAp 12ECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXC~PTING THEREFROM TAE EAgT 15.00 FEET THEREOF. ALSO ERCEPTING THEREFROM THE SOUTH 40.00 FEET, AS DESCRIgED IN DEED TO TFTE STATE OF CAI,IFORNIA RECORDED MARCH 5, 1966 IN BOOK 3424, PAGE 186 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOW~7SHIP 4 SOUTH, RANGE 11 WEST, AS SHOWN ON A MAP RECpgIjED IN BOOK 51, PAGE 11 OF MISCELI.ANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTX, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 12, SAID POINT HEING LOCATED 648.71 FEET NORTH 89 DEGREES 41' 10" EAST FROM THE SOUTHWEST CORNER OF SAZD SECT20N 22, SAID I'~INT BF.ING ON THE y,7EST LINE OF THE EAST 15.00 FEET OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTIiWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12; THENCE NORTH 0 DEGREES 10' 49" WEST 815.00 FEET ALONG THE SAID WEST LINE OF THE EAST 15.00 FEET TO A POINT IN A LINE PARAI+LEL WITH AND 815.00 FEET NURTHERLY FROM THE SOUTH LINE OF SAID SECTION 12; THENCE SOUTH 89 DEGREES 41' 10" WEST 316.93 FEET ALONG SAID PARALLEI, LINE TO A PQINT ZN THE WEST LINE OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE SO[JTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUAI2TER OF SAID SECTION 12; THENCE NORTH 0 DEGREES 11' 10" WEST 513.23 FEET ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE WEST OrR-FiALg TO A POINT IN THE NORTH LINE OF THE SAID SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 41' 20" EAST G61.98 FEET AI,ONG SAID NORTH LINE TO A POINT IN THE EAST LINE OF THE WEST 330.00 FEE..' OF THE EAST ONE-HAi,g OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SEC'TION 12; THENCE SOUTH 0 DEGREES 10' 49" GpST 1328.23 FEET ALONG THE EAST LINE OF THE SAID WEST 330.00 FEET TO A POINT IN THE SOUTH LINE OF SAID SECTION 12; THEL3CE SOUR'I3 89 DEGREES 41' ZO" WEST 345.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. #0353I 4i~' PC82-210 ~ ,,, !-. EXCEPT THE SOUTh 40.00 FEET OF THE EAST 345.00 FF:ET THEREOF. WHEREAS, the City Planning Cornmission did hold a public hearing at the Civic Center in the City of Anaheim on July 26, 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 co:isider evidence for and against said proposed reclassification and to inveatigate and make findings and recommendations in cor.nection therewith; said public hearing having been continued to the Planning Coamiission meeting of November 29, 1982; 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 petitioner proposes reclassification of subject property from the RM-1200 (Residential, Multiple-Family), CL (Coaunercial, Limited) and RS-A-43,000 (Residential, Agricultural) to the RM-1000 (Residential, Multiple-Family) 2one. 2. That on December 8, 1981, the City Council approved General Plan Amendment No. i70 which amended the Land Use Element text of the Anaheim General Plan to permit higher density residential land uses (i.e. those exceeding 36 dwelling units per acre) in the "downtown" area and other areas having adequate infrastructure and meeting certain specific conditions as identified in the zoning ordinance. Such high density areas are intended to be compatible with surrounding land uses. In addition, the Council adopted an "RM-1000" Zoae ordinance which permits up to 43.56 dwellings per acre to implement the General Plan Amendment. The ordinance is intended to provide site development standards for condominium projects in specific cases and under certain conditions 'i.p. the subject progerty, Lincoln-Beach Mobilehome Park which was developed on land previously used as a landfi.ll site) and to allow a density exceeding what is permitted under the City's standard condominium zone (RM-3000). The subject condominium project has a net density of 32.6 dwelling units per acre, in conformance with the General Plan and 2oning Requirements. 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 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. 6. That approxiatately 60 interested persons indicated their presence at said public hearing; and that no correspondence was received in opposition to subject petition. ' -2- PC82-21U • ~~y`'ii; , .. .~ , .,.. ,-,, i~ ENVIRONMENTAL IMPACT FINDING: That after conside~ing EIR No. 253 for the proposed Park Lincoln Condominium Project and reviewing evidence, both written and oral, to supplement Draft EIR No. 253, the Planning Commission finds that: (1) EIR No. 253 is in compliance with the California Environmental Quality Act and the City and State CEQA Guideline~. (2) The following environmental impacts would result from implementation of the project. (a) After construction the increase in population would generate higher levels of traffic, noise and air pollut•ion in the area. (b) There would be additional burden on par}: and recreational facilities in the vicinity of the project. (c) The residents of approximately 120 mobilehomes would be displaced. (d) The removal of refuse buried on the project site will generate traffic, noise and air pollution in the project area. (e) Disposal of the refuse will add to the existing burden on regional sanitary landEills. (3) The following mitigation measures will be employed to reduce the level of these environmental impacts. (a) Compliance with City codes, policies and procedures. (b) The project sponsor will subatit a propo~al for providing in-lieu fees or recreational facilities subject to approval by the City. (c) Displaced residents of the mobilehome park will be provided relocation assistance or right on units in the residential condominium project. (d) The project sponsor will prepare and submit for City approval a Trash Removal Plan which will include specific procedures for the removal and disposal of the buried refuse. Therefore, the Planning Commission hereby certifies that EIR No. 253 for Lhe proposed Park Linco2n Conciominium Project has been completed in compliance with the California Environmental Quality Act and with the City and State CEQA Guidelines and that the Planning Commission has reviewed and c~nsidered the information contained i.n the subject EIR. Further, the Plar.ning Commission adopts the following Statement of Overriding Considerations. .-~ ~~. Significant environmental impacts listed above would result from implementation of the project. The mitigation measures listed above will be utilized to reduce the environmental impacts, however, the nature of the impacts will prevent their reducr=.on to an insignificant level. The following benefits which would result from the project provide overriding considerations for approval. (a) Present residents of the mobilehome park will receive relocation assistance or rights on units in the condominium project thereby improving their living conditions. (b) The buried refuse un the site will be excavated and removed thereby eliminating a potential source of air and water pollution. (c) Approximately 639 additional units of moderate-cost housing would be conatructed providing social and economic benefits to the community. (d) Redevelopment of the project site will preclude the possible need for government action at some future date to close the mobilehome park if necessitated for reasons of health and safety and displacing mobilehome park residents without providing alternative solutions for their hottsing needs. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 18-Zoning of the Anaheiat Municipal Code be amended to exclude the above-described property from the RM-1200 (Residential, Multiple-Family), CL (Commercial, Limited) and RS-A-43,000 (Residential, Agricultural) Zones to the RM-1000 (Residential, Multiple-Family) Zone upon the following conditions which are hereby Eound to be a necessary prerequisite to the proposed use of subject property in or3er to preserve the safety and general we].Eare of the Citizens of the City of Anaheim: 1. That street lighting facilities along Lincoln Avenue shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of the Office of Utilities General Manager and/or that security in the form of a bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory installation of the above-mentioned improvements. Said security shall be posted with the City prior to approval of the final tract map. The:•above-required imp.rovements shall be installed prior to occupancy 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determzned by the City Council, for tree planting purposes along Lincoln Avenue. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of che Executive Director of Public Works. -4- PC82-210 ~ :.. . , , _ _ ,~ , . .,,_ . .. . _ ... _. .,,.... ~ 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 structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That in the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map shall be approved by the City of Anaheim and be recorded in the Office of the Orange County Recorder. The approval of a parcel map, or the issuance of building permits to allow the construction of said project in more than one phase of development, shall be subject to the completion of trash removal for the area covered by said phase of development in accordance with the approved Trash Removal Plan. 8. 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. Alternatively, the owner may construct improvements at City parks. Such improvements shall be made only if approved by the Park~ and Recreation Department. 9. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and inclusion with the building plans prior to issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project.) 1Q. That if permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. ' 11. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determtned by the City Council, for each new dwelling unit prior to the issuance of a building permit. 12. That an offsite storm drain to the Carbon Creek Flood Control Channel, as approved by the City Engineer, shall be constructed and operational prior to the start of any grading of Area 3 unless previously required by the City Engineer as a re3ult of material found in the grading of Area 2. 13. That the offsite sanitary sewer shall be constructed and functional prior to any occupancy of Area 2 unless required by the City Engineer at an earlier time. i ~,! 14. That no on-site drainaqe shall be permitted to flow onto Lincoln 1 A~~enue . ~ ~ _5_ P~82_21~ :1 .._ _.. ,,w7~.,~...:..~ ._... . _ _ . _ ~,a:;~. ~, ~ _-. 15. That the design of on-site drainage structures shall be approved by the City Enqineer prior to the starY, of any grading on sutject site. 16. That a separate qrading plan shall be prepared and approved by the City Engineer for eacli construction phase and an As Graded Plan shall be prepared, certified, an3 approved for each phase prior to start of grading on the next phase or at stich other later times as may be authorized hy the City Engineer. 17. That the seller shall provide the purchaser of each condominium unit with written information concerning Anaheim Municipal Code 14.32.500 pertaining to "parking restricted to facilitate street sweeping." Such written information will clearly indicate when on-street parking is prohibited and the penalty for violation. 18. That "No Parking for Street Sweeping" signs shall be installed prior to final street inspection as required by the Public Works Executive Director in accordance with specifications on file with the Street Maintenance Division. 19. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 20. That the median island modification in Linco.ln Avenue shall be completed prior to any occupancy in Phase 1. 21. That a co~prehensive on-site vehicular access and parking plan which, unless otherwise approved by the City Traffic Engineer, shows tandeat parking along only o:se side of each driveway aisle shall be submitted by the developer/owner for review and approval by the City Traffic Engineer prior to the issuance of building permits. 22. That a detailed Trash Removal Plan shall be submitted by the developer/owner for review and approval by the City and other concerned public agencies prior to approval of grading plans ar issuance of building permits, whichever occurs first, for any area or phase of such development upon which said landfill currently exists. 23. That a tentative tract map shall be submitted for revlew and approval by Planning Commission. "24.(a) That the owner(s) of the subject property sha].1 pay to each mobilehome owner as identified in the conversion ia~act report relocation benefits in the respective amounts as set forth on Exhibit "A" attached hereto and incorpc~rated herein by this reference, or such other benefits as mutually aqreed upon between the park owner and the mobilehome owner. Said relocation benefits shall be paid to each mobilehome owner, and proof thereof submitted to City in a form satisfactory to the City Attoraey, prior to the issuance of any building permit for any phase or portion of the proposed development other than these portions identified as Phase 1 and Phase 2 as shown on the Phasing Plan, Sheet 4, Revtsion ho. 1 of plans on file in the Planning Department of the City of Anaheim, or prior to July 1, 1985, whichever occurs first. '~- PC82-210 1~'=~- _ _ , F ~ /~~• (b) That notwithstanding subparagraph (a) above, any mobilehome owner who relocates from the park at any time after the date of issuance of grading permits fox any phase of the developnent shall be paid said relocation benefits contemporaneous with the termina•tior_ of each tenancy provided, however, that such advance payments pursuant to this subparagraph (b) need not be made at any time in advance of the date otherwise set forth in subparagraph (a) to more than ten percent o£ such mobilehome owners. (c) That the amount of said relocation benEfits payable to each mobilehome owner pursuant to subparagra:, (a) or (b) above, shall be increased by an amount equal to any increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items, Los Angeles-Long Beach Metropolitan Area (1967=100), published b,y the United States Department of Labor, Bureau of Labor Statistic~ ("Index"), which is publishe3 nearest to the date of this resolution as compared to the Index most recently published prior to the date of payment of said relocation benefits. (d) That the owner of the subject property shall post a performance bond in an amount and form satisfactory to the City Attorney to guarantee the payment of said relocation benefits. 25. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy No. 542, Sound Attenuation in Residential Projects. 26 That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the units wi21 be fn conforaance ;aith .;ofse Insulation Standards specified in the California Administrative Code, Title 25. 27. That the owner(s) of subject property shall suhmit a letter requesting termination of Variance Nos. 631 and 639, and Conditional Use Permit No. 95 and 1008 to the Planning Department. 28. That completion of these reclassi£ication proceedings is contingent upon the granting of Variance No. 3306. 29. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 8. 30. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 27, above-mentioned, shall be completed. 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 witnin one year from the date hereof, or such further time as the Planning Commission may grant. 31. That Condition Nos. 3, 5, 6, 14 and 29, above-mentioned, shall be complied with prior to final building and zoning inspectiona. -7- PC82-210 t~.::, .._< . . .. . . . _ ,?t'". _ ;,:-..~ ~~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expresaly 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 judgement of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 29th day of November, 1982. ~ ./J~~ ~ir1~7'~~%fi"'~ , AHEIM CITY P ING COMMISSION ATTEST: ~'~ ,~.° ~,_ . SECRETARY, 11NAHEIM CITY PLANNING COMMISSION STATE OF CAI,IFORNIA ) COUNTY OF ORANGE ) ss. CITY O&' ANAHEIM ? I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a ffeeting of the Anaheim C3ty Planning Commission held on November 29, 1982, by the following vote of the membars thereof: AYFS: CJMMISSIONERS: BOUAS, BCiSHORE, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES : COP4+IISSIONfiRS : NONE ABSENT: COMMISSIONERS: NONE TN WITNESS WHEREOF, I Have hereunto set my hand this 29th day of November, 1982. ~~.~. .z° ~.~: SECRETARY, ANAHEIM CZTY PLANNING COMMISSSON -8- PC82-210 ., i r~ EXHIBIT "A" PROPOSED TENANT RELOCAPION BENEFITS RECLASSZFICATION NO. 82-83-4 SPACE NUMBER APPROXIMATE NO. OF YRS IN YARK SINGLE OR DOUBLE WIDE TOTAL PROPOSED PAYMENT 1 g D ~5 453 Z 3 10 S (EkPANDO) , 3,914 4 16 D 5,472 5 ~ D 4.979 6 $ S (EXPANnO) 3,866 ~ 12 D 5,402 B 5 15 D 4,644 9 S (EXPANDO) 4,287 10 5 S (EXPANDO) 4,450 11 7 4 D 5,466 12 ~ S 4,411 13 16 D 5,084 14 13 D 5,370 15 10 D 4,946 16 1 D 5,321 j7 14 S 4,134 18 gipTy D 4,674 19 20 6 S ~ 4.194 ~y O 21 22 6 D 5,296 23 3 4 D 3,954 24 4 S 2.927 25 14 D 5.272 26 2Q D 5,068 2~ 4 ~ 5,455 28 4 D 5,374 29 16 D 3.186 30 13 D 5,919 31 10 D 5,168 32 4-1/2 S D 3,949 33 16 3,872 34 13 D 7,025 35 13 D 5,069 36 4 D 4,969 37 10 D 5,285 38 4 D 6,280 39 4 D 4,783 40 5 D 4,621 41 B D .3,859 42 10 D 4,742 43 16 ~ 5,382 D A,784 #0233H 1 of 3 s;_; PC f3 2 -210 ,. . . • ~~ti~^,:~~-~ ..:~,+~.,~ _.,,, _ 4a 8 45 8 D 5,608 46 z D 5,044 47 16 D 5,944 48 5 D 5,617 49 12 S 3.864 50 4 D 5.122 51 1~ S 4,687 52 4 S 3,366 ~4 EMpTy D 4,780 3 0 55 14 D 5,189 ~~Y S 5,776 57 5 0 58 16 S 3,935 59 13 D 5,014 61 16 S (EXPANDO) 4,514 ~ 63 5 S (EXPANDO) 3,y87 64 5 D 5,150 65 5 S 4,330 `'~ 13 A 4, 879 67 10 D 5,511 68 5 D 5,054 69 4 D 5,144 1 71 8 S (FXPANDO) 3~642 72 13 D 3,664 73 5 D 4.800 74 10 D 3,839 75 5 D 4r924 76 14 D 4,802 ~~ 13 D 4,802 ~$ 10 D 4,802 79 5 D 4,554 80 10 S 3,817 81 10 D 4,289 82 5 D 3,664 84 EMpTy D 3,i80 14 0 85 5 D 5.25I 86 10 D 5,460 87 15 D 4,194 88 10 D 4,928 g9 4 D 5,306 4,872 .;:,.` , , 2 of 3 PC82-210 i;n'::: tii~ s.,:: . ~carr,~.,.~>,-F ,---~ .~»,, 90 4 D 4,902 91 15 D 5,078 92 4 D 5,653 93 3 S 4,283 94 3 D 4,922 95 3 D 4,737 96 10 D 5,022 97 13 D 5,235 98 10 D 4,402 99 13 D 4,945 100 10 S 4,400 101 10 S 3,120 102 16 D 5,930 103 13 D 4,012 104 10 D 4,794 105 8 D 4,970 106 10 D 5,001 107 10 D 4,554 108 8 S (EXPANDO) 2,907 109 13 D 4,709 110 4 S 4,281 111 4 D 4,207 112 13 D 4,983 113 8 D 4,732 114 16 D 5,514 115 16 S (EXPANDO) 4,832 116 EMPTY p ].17 EMPTY p 118 6 MONTHS D 5,546 119 14 S (EXPANDQ) 3,838 120 8 MONTHS D 4,679 121 12 D 5,242 122 14 S (EXPANDO) 4,382 123 4 D 4,090 12~ 16 S 3,903 125 4 D 5,222 TOTAL PAYMENTS $560,909 ~;'i 3 of 3 PC81-210