PC 85-35RESOLUTION NO. PC85-35
A RESOLUTION OF TFIE ANAHGIM CITY PLAhNING COMMISSION
Tf1AT PETITION FOR RECLASSIFICATION N0. 84-85-24 BE GRANTED
4]HEREAS, the Anaheim City Planning Commission did receive a verified
petition Eor Reclassification fcom HARkY SHAM, ET AL „ 114 North East Street,
Anaheim, California 92005, owner, and HUGO VAZQUE2, 619 South Live Oak Drive,
Anaheim, California 92805, agent for certain real property situated in the
City of Anaheim, County of Orange, State of Califocnia, described as follo~s:
THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION~ AS SHOWN ON A MAP
OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK
3, PAGES 162 TO 164, INCLUSIVE, OF LOS ANGELS COUNTY MAPS~
IN THE OFFICE OF TIiE COUNTY RECORDER OF ORANGE COUNTY~
CALIFORD'IA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY LINE OF
EAST STREET, 66.00 FEET WIDE~ WITH A LINE THAT ZS PARALLEL
WITH AND DISTANT NORTHERLY 430.00 FEET FROM THE CENTEP. LINE
OF CENTER STREET, AS SAID CENTER LINE IS SHOP7D1 ON A MAP FILED
IN BOOK 28, PAGE 22 OF RECORD OF SUF;'RyS; THENCE NORTH '4°
37' 25" EAST PARALLEL WITH SAID CENTER LSNE OF CENTER STREET
150.U0 FEET; THENCE SOUTH 15° 24' 15" EAST PARALLEL WITH SAID
EASTERLY LINE OF EAST STREET 305.00 FEET TO A POZNT IN A LINE
THAT IS PARAI"^L WITH THE DISTANT NORTHERLY 175.00 FEET FROM
SAID CENTF' !NE OF CENTER uTREET; THENCE SOUTH 74° 37' 25"
WEST PARAL ..:L WITH SAID CENTER LINE 150.00 FEET TO A POINT IN
SAID EASTERLY LINE OF EAST STREET; ;HENCE NORTH 15° 24' 15"
WEST ALONG SAID EASTERLY LINE OF EAST STREET 305.00 FEET TO
Tt1E POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on February 4, 19f35 at 1:30 p,m,,
notice of said nub7ic hear_r,~~ ,y,~,.ir.g heer. doly yiven as required by law and in
accordance with the pravisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider e~idence for and against said propesed reclassificatiun
and to investigate and make findings and recommendations in connection
L•herewitli; and
WHEREAS, said Commission, af`er due inspection, investigation and
study made by itself and in its beha.lf, and aEter 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 CL (COmmercial, Limited) Zone to the RM-12U0 (Residential,
Multiple-Family) Zone.
i Z. That the Anaheim General Plan designates subject property for
~ general commercial land uses with medium-density residential land uses to the
west acioss East Street.
3. That the proposed reclassification of subject property is
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necessary and/or desirable foc the orderly and proper development of the
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4. That the prooosed reclassification of suhject property does
properly relate to the zones and their permitted uses loca.lly established in
close proximity to subject property and to the zones ar~' their permitted uses
generally established throughout the community.
5. That the proposed recl.assification of s~bject property requires
the improvement of abutting streets, in accordance with the Circulation Element
of the General Plan, due to the anticipated increase in kraffic which will be
generated by the intensification of land use.
6. That no ene indicatp:; their presence at said public hearing in
opposition; and that no correspr,ndence was received in opposition to subject
petitioi~.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to raclassify s'abject property from the
CL (Commercial, Limited) Zone to the RM-1200 (Residential, Multiple-Family) or
a less i,ntense zone to construct a 32-unit apartment complex on a
rectangula:ly-shaped parcel of land consisting of approximately 0.96 acre
located on the ea::t side of East Street, approximately 175 feet north of the
centerline of Lincoln Avenue, and further described as 114 North East Street;
and does hereby approve the Negative Declaration upon finding that it has
aonsidered the Negative Decla:ation together with any comments received during
the public review process and further finding on the basis of the initial
study and any corments received that the.~ is no substantial evidence that the
project will have a significant effect on the environment.
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 oL the Anaheim Municipal Code be amended to
exclude the above-described pcoperty from the CL (Commercial, Limited) Zone
~nd to incorporate Uaid described property into the RM-1200 (Residential,
Multiple-Family) Zone ^pon 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 qenera.l welfare of the Citizens of the City of
Anaheim:
1, ~rhat the owner of sub)ect property shall irrevocably offer. to
dedicate to the City of Anaheim a stcip of land 45 feet in width
fcom the centerliue of the street along East Street for s!reet
widening purposes.
z, That all enginee~iny requirements of the City of Anaheim along East
Street, including preparation of improvemenL• plans and installation
of all improvements such as curbs and gutters, sidewalks, street
grading and pavement, water, sewer and drainage facilities, or other
appurtenant work including celocation of existing curb, gutter,
sidewalk and pavement to ultimate wzdth on the ~southerly parcel
shall be complied with as required by the City Engineer and in
accocdance with specifications on file in the Office of the City
Enqineer; and 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 completion of said improvements. Said
security shall be posted with the City prior to issuance of ouilding
permil•s to guarantee installation of the above-required improvements
prior L•o occupancy.
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3, That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along the northerly 205 feet
adjacent to East Street in an amount as determined by the City
Council.
q, That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be Faid to the City of Anaheim in an
amount as determined by the City Council.
5, That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
6, That the driveway shall be designed to accommodate ten (10) foot
radius curb returns as required bv the City Traffic Engineer.
7, That drainage of subject property rhall be disposed of in a manner
satisfactory to ttie City Engineer.
g, That subject property shall be served by underground uti.lities.
9, That prior to comnencement of structural framing, fire hydzants
shall be installed and charged as required and determined to be
necessary by the ChieE of the Fire Department.
10. Tliat trash storage areas shall be provided and maintai.ned in
accordance witti approved plans on file with the Street Maintenance
and Sanitation Division.
11. That street lighting facilities along the northerly 205 feet
adjacent to East Street shall be installed as required by the
Utilities General htanager in accordance with spe~ifications on £ile
in the Office of Utilities General Manager, and that security in the
form of a pond, cectificate of deposit, letter of credit, or cash,
in an amount and form satisfactory to the City of Anaheim, shall be
pocted wiCL Ci,e Cicy Co guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to approva.l of improvement plans. The
above-required impcovements shall be installed prtor to occupancy.
12, That prior to issuance of a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount a5 determined by
the Office of the Utilities General t•Ianager.
13. Tt~at gates shall aot be installed across any driveway in a manner
which may adversely affect vehicular traffic in the adjacent public
street. Installation of any gates within a distance of forty (40)
feet from said public street right-of-way shall be subject to the
review and approval of the City Traffic Engineec.
14. That the pcoposed packing structure design ~hall conform to
Engineering Standard Plan No. 402 pertaining to standard details for
parking structures and ramp requirements,
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15. That the basement level containing the covered parking structur=
shall be located more than of SU8 below natural grade level as
measured Erom the exterior walls of the building.
16. That fire sprinklers shall be installed as required by the City Fire
Marshall.
17. That prior to final street inspections, "NO par~ing for street
SWeePi~9" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accor:ance with
specifications on file with said division.
18 • ~iew, aand athe Cso nd buffer da f om adja entl propertieslY Shielded from
19. That prior to issuance of building permits the applicant shall
present evidence satisfactory to the Chief B~ilding Inspector that
the proposed project is in conformance with Council Policy Number
542 "SOUnd Attenuation in Residential Projects• and with noise
insulation standards specified in the California Administrative
Code, Title 25.
20. That a 6-foot high masonry block wall shall be constructed and
maintained alung the north, east and south property Iines.
21, That the owner of subject propecty shall submit a letter requesting
tecmination of Conditional Use Permit Nos. 654 and 1U22 to Lhe
Plann9ng Department.
22. That prior to the introduction of an ordinance rezoning ~ubject
property, all comrr,ercial buildings and uses shall be removed from
subject property.
23. That prior to the introduction of an ordinance rezonir.g suLject
prooertyr Conaiticn i7us, i, 3, 21 and 22, above-mentioned, shall be
completed. The provisions or rights gzanted by this resolution
sha11 become null and void by action of the Planning Cummission
unless said conditions are complied wich within onP year from the
date of thi~ resolution, or such further time as the Planning
Commission may gcant,
24. That prior to issuance of a buxlding permit, or within a period of
one year from the date of this resolution, whichever occurs first,
Conditi.on Nos. 2, 4, 5, 11, 12, 14 and 14, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03,090 of
the Anaheim Municipal Code.
25. That prior to final buildinq and zoning inspections, Condition Nos.
with, B~ 10' 13, 15, 16, 18, 20, above-mentioned, shall be complied
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PC85-35
BE IT FURTHER RESOLVED lhat the Anaheim City Planning Commission
does hereby find and determine that adoptiun of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Shoul~ any such condition, or any part thereof, be
declared invalid or unenforceable by the Einal judgment of any ~ourt of
competent ;urisdiction, then this Resolution, and any approvals herein
contained, shall be deerned null and void.
THE FOREGOSNG P.ESOLUTION is signed and approvo~ Ly me this 4th day
of February, 1985.
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__CFi'AIRMAN, ANAH IM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY pI,ANNING COMMISSION
STATE OF CALZFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANA9EIM )
I. Edith L. Harris, Secretary of thr- Anaheim City Planring
Commission, do t~ereby certify that the Poregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on Februa[y
4, 19F35, by the following vote of ~he membecs thereof:
AYES: COMMISSIONERS: BOU,~S, BOSHORE, FRY~ HERBST~ KZNG~ LA CLAIRE~
MC f3URNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOC, Z have hereunto set my hand t-his 4th ~al of
c~ti.,~a.1, ]4q5,
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SECRETARY, ANAHElM CITY FLANNING COMMISSION
' PC85-35