PC 83-38~. ~
.T2ESOLUTION N0. PC83-38
A RESOLUTION GF THE ANAHEIM CITY PLANNING COMMISSION
iHAT PETIiION FOR RECLASSIFICATICN NO. 82-83-15 DE GRANTE;D
WH~REAS, the Anaheim City Flanning Cammission did receive a verified
petition for Reclassification from TE[E PRESIIYTERY OF LOS ANGELES, 1501
Wilshire Boulevard, Los Angeles, California, owner, and SAL GOTTUSO, 718 "G"
East Edna Place, Covina, California 91722, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THAT PORTION OF THE LAND 1,LLOTTED TO THE HEZRS OF LEANDRO
SERRANO IN DECREE OF PARTITION OF TtIE RANCH SANTIFIGO DE SANTA
ANA~ RECORDED IN BOOK "B" OF JUDGMENTS FOR THE 17TH JUDICIAL
DISTRICT COURT OF CALIFORNIA, IN THE CITY OE ANAHEIM, COUNTY
OF ORANGE, STATE OP CALIFORNIA, INCLUDED WITHIN THE DEED TO
LOUIS E. NOHL AND MARGARET ELLIOTT NOHL~ TtECORDE- OCTOBER 6,
1943 IN BOOK 1210 PAGE 501 OF OFFICIAL RECORDS OF SAIA
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THAT CEFTAZN LINE DESCRIHED IN PARCEL
NO. TWO OF THE DEED TO TI~E CZTY OF ANAHEIM, RECORDED DECEMBER
11, 1962 ZN BOOK 6355 PAGE 676 OF OFFICIAL RECORDS OF SAID
CvUNTY, AS HAVING A BEAItiNG OF SOUTH 81'10'14" EAST AND A
LENGTH OF 430.51 FEET, SAID POINT BEINC D~STANT THEREON SOUTH
81°10'14" ~RST 107.98 FEET FROM THE WESTERLY TERMZNUS Or^ SAID
LINE; THENCE SOUTH 3°16'14" EAST 389.82 FEET TO THE HEGINNING
OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A
RADIUS OF 120.00 FEET, AND THE TRUE PQINT OF SEGINNING;
THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 242.37
FEET, THROUGH A CENTRAL ANGLE OF 115°43'29"; THENCE NORT}i
61°00'17" EAST, TANGENT TO SAID CURVE 152.29 FEET, TO THE
2NTERSECTZON WITH A rtJRV~ CONCA~IE TO THF. E~1ST FPID NAVIAIG A
RADIL`S OF 245.00 FEET, SAID CURVE BEING THE CENTER LINE OF
PARCEL 2 OF THE LAND DESCRIBEA TN THE DEED TO THE CITY OF
ANAHEIM, RECORDED APRIL 15, 1°65 IN HOOK 7485, P1~GE 209~ OF
OFFICIAL RECORDS, A RADIAL TO SAID POIIJT BEARS SOG'TH
61°00'17" WEST; THENCE SOUTHERLY ALONG SAID CUR~IED CENTER
L2NE 83.68 FEET TO THE SEGINNING OF A REVERSE CURVE, CONCAVE
TO THE WEuT AND HP.VING RADIUS OF 300.00 FEET, A RADIAL TO
SAID POINT BEARS SOUTH 41°26'll" WEST; THENCE SOUTHERLY AI,ONG
SAID CIIRVE 155.79 FEET TO THE INTERSECTION WITH TH~
SOi7THEASTERLY LINE OF THAT CERTAIN EASEMENT, 30.00 FEET IN
WIDTH~ GRANTED TO FOUR CORNERS PIPE LINE COMPANY, AND
RECORDED IN BOOK 4089 PAGES 3A9, ET SL?Q. OF OFFICIAL RECORDS
OF SAID COUNTY, A RADIAL TO SAID POINT BEARS NORTH 71°11'24"
EAST; THENCE SOLITH 58°O1'09" WEST ALONG SAID SOUTHEASTERLY
LINE TO THE POINT OF IN'PEI2SECTION OF SAID SOUTHEASTERLY LINE
AND THE EASTERLY PROLONGATIOtd OF THAT CERTAIN COURSE IN THE
NORTH LINE OF PARCEL 8(OLIVE HILLS RESERVOIR SITE) D~SCRIBED
IN A DEED RSCORDEU DECEMBER 11, 19G2 IN BOOK 6355 PAGE o77 OF
SAID OFFICIAL RECORllS, AS HAVING A BEAFSNG OF SOUTH 89°19'S1"
EAST AND A LENGTH OF 527.82 FEET; THEI3CE ALONG SAID EASTERLY
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PC83-38
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PROLONGATION AND SAID NORTHERLY LINE OF PARCEL 8, NORTH
69°19'S1" WEST 665.80 PEET AND NORTH 54°51'44" WEST 66.13
FEET; THENCE NORTH 57°49'25" EAST 570.95 FEET TO THE TRUE
POINT OF BEGIi~INING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on February 7, 1983 at 1:30 p.m.,
notice of said public hear.ing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to liear and consider evidence for and against said proposed reclassification
and to investigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Planning
Coaunission meeting of February 23, 1983; and
WHEREAS, said Commission, after d~:e inspection, investiqation and
study made by itself and in its behalf, and after due consideration o£ all
evidence and reports offered at said hearing, does find and determine the
foll~wing facts:
1. That the petitioner proposes reclassification of subject
property from the RS-A-43,000(SC) (Residentia2, Agricultural, Scenic Corridor
Ovarlay) Zone to the RM-3000(SC) (Residential, Multiple-Family, Scenic
Corridor Overlay) Zone.
2. That the Anaheim General Plan designates subject property for
hillside low-density residential and open space land uses. General Plan
Amendment No. 181, is currently pending and if approved by the City Council,
would change the land use designation to hillside low-medium density
residential.
3. That the proposed reclassification of subject property is
nece5sary 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 cormnLnity.
5. That no one indicated their presence at said public hearing in
opposition; and that one letter was received in opposition to subject petition.
ENVIRONMENTAL Ib~~CT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to change the current hillside low
density residential and qe~~eral open space designations to hillside low-medium
density residential and to reclassify sub7ect property £rom the
RS-A-43,000(SC) (Residenti~l, Agricultural, Scenic Corridor Overlay) Zone to
the RM-3000(SC) (Residential, Multiple-E'amily, Scenic Corridor Overlay) Zone
to construct a 25-unit condominium complex and to remove three (3) specime~
trees on an irregularly-shaped parcel of land consisting of approxinately A.32
acres fronting on Villa Real Drive and located south of Nohl Ranch Road and
i.mmediately north of the Olive Hills keservoir and the Anaheim/Orange city
limits; and does hereby approve the Negative Declaration from the requiremen~
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to prepare an environmental impact report on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the
~pproval of this Negative Declaration since the Anaheim General Plan
designates the subject property for hillside low-density residential land uses
comniensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study submitted by the p_titioner
indicates no significant individual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiating the £oregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, gg IT gEgOLVED that th~ Anaheim City ^lanning
Commi.ssion does hereby qrant subject Petition for Reclassification and, by so
doing, that Title 18-Zoninq of the Anaheim t4unicipal Code be amended to
exclude the above-described property from the RS-A-43,000(SC) (Residential,
Agricultural, Scenic Corridor Overlay) Zone and to incorporate said described
property into the RM-3000(SC) (Residential, Multiple-Family, Scenic Corridor
Overlay) 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 safety and general welfare of the Citizens of the City of Anaheim:
1. That trash storaye areas shall be provided in accordance with
epproved plans on file with the Office of the Executive Director of
Public Works.
Z• That fire hydrants shall be installed and ctiarged as required and
determined to be necessary by the Chief of the Fire Departmer.t prior
to commencement of structural framing.
3. That subject property shall be served by underground utilities.
4. That the owner of subject property sbali pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be
aPpropriate by the City Council, said fee~ t~ i,e paid at the time the
building permit is issued.
5. That dr.ainage of said property shall be disposed of in a manner
satisfactory to the City Engineer. If, in the preparation of the
site, sufficient gradinq is required to necessitate a grading permit,
no work on grading will be permitted between October 15th and April
15th unless all required off-site drainage facilities have been
installPd and are operative. Positive assurance shall be provided
the City that such drainage facilities will be completed prior to
October 15th. Necessary right-of-way for uff-site drainage
facilities shall be dedicated ta the City, or the City Council shall
have initiated condemnation groceedings thezefore (the costs of which
shall be borne by thE developer) prior to the commencement of qraci~ng
operations. The required drainage facilities shall be of a size and
type sufficient to carry runoff waters originating from higher
prnperties through said property to ultimate disposal as approved by ~
the City Engineer. Said drainage facilities shall i;~ the first item
of construction and shall be completed and be functional throughout '
the tract and from the downstream boundary of the rroperty to t}ie ~~
ultimate point of disposal prior to the issuance of an ~
buildiny inspections or Y final
occupancy permirs. Drainage district
reimbursement agreements may be made available to the developers of ,
said property upon their request. ~
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1 6. That grading, excavation, and all other construction activities
shall be conducted in such a manner :~o as to minimize the
possibility of any silt originating fr.om this project beinq carr.ied
into the Santa Ana River by storm water originating from or flowing
through this project.
7• That an ordinance rezoning the subject property shall in no event
become effective except upon or following the recordation of a final
tract map within the time specified in Government Code Section
66463.5 or such further time as the advisory agency or City Council
may grant.
S. That all requirements oP Fire 2one 4, otherwise identified as Fire
Administrative Order No. 76-O1, will be met. Such requirements
include, but are not limited to, chimney spark arrestors, protected
attic and under floor openings, Class C or better roofing material
and one houz fire resistive construction of horizontal surfaces if
within 200 feet of adjacent brushland.
9• That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amount as determined by
r_he City Council, for each new dwelling unit prior to the issuance
uf a buildin5 r~="~=*•
10. That the seller shall provide the purc'~aser 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.
11. That "No Parking for Street Sweeping" signs shall be installed prior
to final street inspection as requi.red by the Public Works Executive
Director in accordance with specifications on file with the Street
Maintenance Division.
12. That the two pr,~posed cul-de-sacs shall be constructed in
conformance with the City oE Anaheim standard details or as
otherwise may be approved by the Fire Department and the Street
maintenance & Sanitation Division.
13. That the developer shall obtain an agreement from the City of Orange
for the disposal of the sanitary sewage from this project i.nto a
City of Orange facility, and shall pay any fees required.
14. That the entrance gate to the project shall provide a minimum
20-foot wide access as approved by the City of Anaheim Fire
Department and the Street Maintenance & Sanitation Division.
15. That all driveway depths to private garages shall be a minimum of 20
feet and all such garages shall be equipped with roll-up garage
doors as recommended by the City Traffic Engineer.
16. That the developer shall obtain all necessary encroachment permitG
for any portion of the propose3 structures which may encroach onto
the Four Corners Fipeline Easement running along the southerly
boundary of subject property.
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17• In accordance with the requirements of Section 18.02.047 pertair.ing
to ~he initial sale ~f residential homes in the City of Anaheim
Planning Area "H", the ,eller siiall provide each buyer with written
information concerning the Anaheim General Plan and the existing
zoning within 300 feet of the boundaries of subject tract.
1g• That any specimen tree cemoval shall be ~ubject to the regulations
pertaining to tree preservation in the Scenic Corridor Overlay Zone.
19, q~hat prior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the units will be in conformance with Noise Insulation Standards
specified in the California Admi.nistrative Code, Title 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.
zl• That subject property shall be developed substantiaily in accordance
with plans and specifications on file with ti~e City of Anaheim
marked Exhibit Nos. 1 through .11.
2z• That prior to the introduction of an ordinance rezonfny subject
property, Condition Nos. 7, 13 and 16, above-mentioned, shall be
completed. The prov.isions 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 year from the
date hereof, or such further time as the Planning Commission may
grant.
23. That Condition Nos. 1, 3, 12, 14, 15 and 21, above-meritioned, shall
be complied with prior to final building and zoninq inspections.
24. That completion of these ~eclassification proceedings is contingen*_
upon granting of General Plan Amendment N:.. ; 81 clis :;ing the land
use deNignation to hillside low-medium density residential.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commissio~
does hereby find and determine that adoption of this Resclution is expressly
predicated upon applicant's compliance with each and al.'_ of the conditions
hereinabove set forth. Should any such condition, or eny part thereof, be
declared invalid or urienforceable by the final judgement of any court of
competent jurisdiction, then this Resolution, and a•~y approvals herein
contained, shall be deemed null and void.
THE FOREGOING itESOLU'PION is signed and approvec? by me this 23rd day
of February, 1983.
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F F2MAN, ANAHEIM CITY PL G CODIMZSSION
ATTEST:
~ ~ i~/N,~..
SECRETARY, p~pHEIM CITY PLANNING COMMISSION
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STATE OF CALIFOFNIA )
COIINTY OP ORANGE ) ss.
CITY OF 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 meeting of the Anaheim City Planning Commission held on February
23, 1983, by the following vote of the members thereo€:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, KING, LA CLAIRE„ MC BURNEY
NOES: COMMISSSONERS: HERBST
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I Have hereunto set my hand this 23rd day of
February, 1983.
`~~.; ~° ~,. __ .
SECRETARY,. ANAHEIM CITY PLANNING COMMISSION
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