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95-078 RESOLUTION NO. 95R-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition in Reclassification Proceedings No. 94-95-06 for the Zoning reclassification of certain real property (the "Property") situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF LOTS W AND Y OF THE VAN DE GRAAF TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 17.71 CHAINS WEST OF THE SOUTHEAST CORNER OF LOT W OF THE SAID VAN DE GRAAF TRACT; RUNNING THENCE WEST 30.723 CHAINS TO THE SOUTHEAST CORNER OF LAND CONVEYED TO ARTHUR H. SMALL BY DEED DATED OCTOBER 31, 1911 AND RECORDED NOVEMBER 8, 1911 IN BOOK 190, PAGE 102 OF DEEDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO SMALL, 17.114 CHAINS TO THE CENTER OF THE SOUTHERN PACIFIC RAILROAD; THENCE EASTERLY ALONG THE CENTERLINE OF SAID RAILROAD 30.67 CHAINS TO A POINT 17.71 CHAINS WEST OF THE EAST LINE OF SAID LOT W; THENCE SOUTH 17.97 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: THAT PORTION OF SAID LOT W OF THE VAN DE GRAAF TRACT DESCRIBED AS FOLLOWS: BEGINNING AS A POINT IN THE SOUTH LINE OF SAID LOT W, DISTANT THEREON 17.71 CHAINS FROM THE SOUTHEAST CORNER OF SAID LOT W, SAID POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO C. C. BENNETT AND WIFE, BY DEED RECORDED APRIL 25, 1939 IN BOOK 989, PAGE 484, OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE EASTERLY LINE OF THAT CERTAIN 550 FEET IN WIDTH RIGHT OF WAY GRANTED BY ARTHUR H. SMALL AND WIFE TO J. R. PORTER, TRUSTEE, BY A DEED RECORDED DECEMBER 11, 1917 IN BOOK 316, PAGE 239 OF DEED; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE TO ITS INTERSECTION WITH THE EAST LINE OF SAID LAND CONVEYED TO C. C. BENNETT AND WIFE HEREINABOVE REFERRED TO; THENCE 1 SOUTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING BEING ALL THAT PORTION OF THE SAID LAND CONVEYED TO C. C. BENNETT AND WIFE BY SAID DEED, LYING EASTERLY OF THE 550 FEET IN WIDTH RIGHT OF WAY HEREINABOVE MENTIONED. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT W DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT W, DISTANT WESTERLY 1387.56 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT W, SAID POINT OF BEGINNING BEING AT THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED EXECUTED BY C. C. BENNETT AND WIFE TO ORANGE COUNTY FLOOD CONTROL DISTRICT, DATED JANUARY 31, 1944 AND RECORDED IN BOOK 1243, PAGE 553, OFFICIAL RECORDS; THENCE NORTH 21 DEG. 19' 20" EAST ALONG THE NORTHWESTERLY LINE OF SAID ORANGE COUNTY FLOOD CONTROL DISTRICT TRACT OF LAND 605.20 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT W AND DISTANT WESTERLY 1168.86 FEET THEREFROM; THENCE NORTH 0 DEG. 07' 50" EAST ALONG SAID PARALLEL LINE 620.43 FEET TO THE CENTERLINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 89 DEG. 45' 50" WEST ALONG SAID CENTERLINE 812.11 FEET; THENCE SOUTH 18 DEG, 09' 50" WEST 1233.87 FEET TO A POINT IN SAID SOUTHERLY LINE OF LOT W WHICH IS DISTANT WESTERLY THEREON 975.30 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 89 DEG. 30' 10" EAST ALONG SAID SOUTHERLY LINE 975.30 FEET TO SAID POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT Y OF THE VAN DE GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET SAID POINT BEING 474.00 FEET NORTH OF THE INTERSECTION OF SAID CENTERLINE OF SAID DOUGLAS STREET WITH THE SOUTH LINE OF LOT Y OF SAID VAN DE GRAAF TRACT; RUNNING THENCE NORTH ALONG SAID CENTERLINE OF DOUGLAS STREET 145 FEET; THENCE EASTERLY PARALLEL TO THE SAID SOUTH LINE OF LOT Y, 195.00 FEET; THENCE SOUTHERLY 145.00 FEET PARALLEL TO THE SAID CENTERLINE OF DOUGLAS STREET; THENCE WESTERLY 195.00 FEET PARALLEL TO THE SOUTH LINE OF LOT Y TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTHERLY 25 FEET THEREOF INCLUDED IN SAID RAILROAD RIGHT OF WAY. PARCEL 2: THAT PORTION OF LOT "Y" OF VAN DE GRAFF TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 4, PAGE 440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, 2 CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET, AS DESCRIBED IN DEED RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING 494.00 FEET NORTH OF THE INTERSECTION OF SAID CENTERLINE OF DOUGLAS STREET WITH THE SOUTH LINE OF SAID LOT "Y"; THENCE NORTH ALONG SAID CENTERLINE OF DOUGLAS STREET 85.00 FEET; THENCE EASTERLY PARALLEL TO SAID SOUTH LINE OF LOT "Y" 160.00 FEET; THENCE SOUTHERLY 85.00 FEET PARALLEL TO SAID CENTERLINE; THENCE WESTERLY 160.00 FEET PARALLEL TO SAID SOUTH LINE OF LOT "Y" TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT "Y" OF VAN DE GRAFF TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 4, PAGE 440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF DOUGLAS STREET, AS DESCRIBED IN DEED RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING 474.00 FEET NORTH OF THE INTERSECTION OF SAID CENTERLINE OF DOUGLAS STREET WITH THE SOUTH LINE OF SAID LOT "Y"; THENCE NORTH ALONG SAID CENTERLINE OF DOUGLASS STREET 145.00 FEET; THENCE EASTERLY PARALLEL TO SAID SOUTH LINE OF LOT "Y" 195.00 FEET; THENCE SOUTHERLY 145.00 FEET PARALLEL TO SAID CENTERLINE; THENCE WESTERLY 195.00 FEET PARALLEL TO SAID SOUTH LINE OF LOT "Y" TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL 2 HEREINABOVE DESCRIBED. WHEREAS, on July 9, 1969 the Orange County Planning Commission approved Orange County Use Variance No. 6244 (permitting a 236-space mobile home park on the Property for a period of 15 years); and WHEREAS, on July 2, 1970 the Property was annexed to the City of Anaheim as part of the Douglass-Katella Annexation and that an ordinance establishing RS-A-43,000 "Residential/Agricultural" zoning on the property was adopted by the City Council on July 14, 1970 in connection with Reclassification Proceedings No. 69-70-42; and WHEREAS on March 1, 1983, the City Council adopted an ordinance in connection with Reclassification Proceedings No. 82- 83-19 establishing the Mobilehome Park (MHP] Zone Overlay on the Property; and 3 WHEREAS, on March 17, 1987, the City Council adopted General Plan Amendment No. 214 to change the General Plan land use designation for the Anaheim Stadium Business Center (which includes the Property) from General Industrial to Business Office/Service/Industrial; and WHEREAS, on May 21, 1991, the City Council granted Conditional Use Permit No. 3402 (to retain the existing 236-space mobilehome park on the Property with waivers of minimum front, side and rear yard setbacks, minimum number of parking spaces, and maximum fence height); and WHEREAS, on February 14, 1994, the owner of the Orange Tree Mobilehome Park, as lessee of the Property, gave notice of its intention to close the mobilehome park as of March 1, 1995, filed a Conversion Impact Report with the City of Anaheim concerning the impact of the closure upon the displaced residents of the mobilehome park, and provided a copy of such Conversion Impact Report to a resident of each mobilehome in the park, all as required by the provisions of Government Code Section 65863.7 and Civil Code Section 798.56; and WHEREAS, on May 2, 1994, the Planning Commission determined that the Conversion Impact Report filed on February 14, 1994 by the owner of the Orange Tree Mobilehome Park, Campanula Properties, Inc., and a supplement thereto dated April 28, 1994, setting forth the applicant's intention to close the mobilehome park on March 1, 1995, (collectively the "Closure Conversion Impact Reports") were insufficient which determination was thereafter, within the time provided by law, appealed to the City Council; and WHEREAS, on June 7, 1994, the City Council referred said appeal to a Hearing Officer who, following a public hearing on August 9, 1994, concluded that the Closure Conversion Impact Reports complied with the requirements of Government Code Section 65863.7 and adequately addressed the issues submitted, namely the relocation costs of the displaced residents including the costs of: (a) dismantling and reassembling the units, (b) transportation of the mobilehomes, and (c) improvements required by the mobilehome park to which the mobilehomes would be relocated; and, therefore, it was the Hearing Officer's recommendation that the City Council adopt the Closure Conversion Impact Reports as submitted; and WHEREAS, on or about July 25, 1994, the applicant filed a petition in Reclassification Proceedings No. 94-95-05 proposing to reclassify the Property from the RS-A-43,000 (MHP) "Residential/ Agricultural, Mobilehome Park Overlay" Zone to the RS-A-43,000 "Residential/Agricultural Zone (thereby removing the MHP Overlay Zone from the Property) and, pursuant to the requirements of Chapter 18.92 of the Anaheim Municipal Code, filed a new Conversion Impact Report in conjunction therewith (the "July 25, 1994 Conversion Impact Report"); and 4 WHEREAS, on September 20, 1994, the City Council found that the Closure Conversion Impact Reports complied with state statutes, and reserved the issue of tenant relocation payments, if any, to be determined as part of the then pending proceedings in connection with Reclassification Proceedings No. 94-95-05 (proposed removal of the MHP Zone Overlay); and WHEREAS, on October 17, 1994, the Planning Commission accepted the applicant's request to withdraw Reclassification Proceedings No. 94-95-05 from consideration; and WHEREAS, the applicant thereafter filed another petition to similarly reclassify the Property by removing the MHP Overlay Zone in Reclassification Proceedings No. 94-95-06 and filed another Conversion Impact Report dated January 15, 1995, in conjunction therewith; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 6, 1995 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 in connection therewith; and that said public hearing was continued to the March 20, 1995 Planning Commission meeting; and WHEREAS, within a period of forty (40) days follow said hearing, the Planning Commission did duly adopt its Resolution No. PC95-50 containing a report of its findings, a summary of the evidence presented at said hearing and approved the proposed reclassification based upon certain findings, and subject to certain conditions, as set forth in said Resolution; and WHEREAS, thereafter, within the time prescribed by law, the owner of the Property appealed the decision of the Planning Commission to the City Council; and WHEREAS, on May 16, 1995, the City Council did hold and conduct a duly noticed public hearing on such appeal, and did give all persons interested an opportunity to be heard, and did receive evidence and reports thereon, and did consider the same; and WHEREAS, the City Council, 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 public hearing, does find and determine that: 1. The petitioner proposes reclassification of subject property from the RS-A-43,000(MHP) (Residential/ Agricultural - Mobilehome Park Overlay) Zone to the RS-A-43,000 Zone. 5 2. The Anaheim General Plan designates subject property for Business Office/Service/Industrial land uses. 3. The Property was most recently developed with a 219-space mobilehome park (and was originally approved for a maximum 236-space mobilehome park). 4. The Conversion Impact Report dated January 15, 1995, indicates that a majority of the mobilehomes have been relocated and all but two of the remaining mobilehomes have confirmed relocation plans. 5. The 217 of the original 219 mobilehomes have already vacated or made plans to vacate the mobilehome park, that the effective vacancy rate is in excess of 99%, and that operation of a mobilehome park with even a 35% vacancy rate is neither economically feasible nor viable. 6. For the aforesaid reasons, denial of the subject reclassification would deprive the owner of all reasonable or economically viable use of the property. WHEREAS, pursuant to the requirements of Section 18.92.060 of the Anaheim Municipal Code, the City Council has reviewed the contents of the July 25, 1994 Conversion Impact Report and the January 15, 1995 Conversion Impact Report, and has heard testimony and evidence relating thereto, and based upon such testimony and evidence further finds and determines that: 1. The term "displaced mobilehome owners" as used in Section 18.92.060.040 of the Anaheim Municipal Code means only those persons who: (a) owned a mobilehome and resided in the Park on July 25, 1994; (b) did not sign a relocation agreement; (c) were displaced as a result of the Park closure, and not for some other reason; and (d) actually incurred a net out-of-pocket cost to relocate his or her mobilehome from the Park. 2. The actual or estimated reasonable relocation costs incurred, or which may be incurred, by each displaced mobilehome owner as calculated pursuant to paragraphs .0401, .0402 and .0403 of subsection .040 of Section 18.92.060 of the Anaheim Municipal Code is the sum of $5,662. 3. Incentives and payments are available to each displaced mobilehome owner from mobilehome parks to which displaced mobilehomes can be located in the average amount of $2,803, which amount reduces, or would reduce, the relocation expenses incurred by displaced mobilehome owners. 6 4. The reasonable measures necessary to mitigate any identifiable adverse impacts of the change of use of the park on the ability of the displaced mobilehome owners to find adequate replacement space in another mobilehome park (as defined and limited pursuant to Section 18.92.060.040 of the Anaheim Municipal Code) is payment of relocation benefits to each such displaced mobilehome owner in the sum of $2,849 per mobilehome. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim City Council has reviewed the proposal to reclassify subject property from the RS-A-43,000 (MHP) (Residential/Agricultural - Mobilehome Park Overlay) Zone to the RS-A-43,000 Zone on an irregularly-shaped parcel of land consisting of approximately 25 acres located on the east side of Douglass Road approximately 1080 feet north of the centerline of Katella Avenue with a frontage of approximately 995 feet on the east side of Douglass Road and further described as 1400 South Douglass Road (Orange Tree Mobilehome Park); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby approve the subject Petition for Reclassification in Reclassification Proceedings No. 94-95-06 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described Property from the RS-A- 43,000(MHP) (Residential/Agricultural - Mobilehome Park Overlay) Zone and to incorporate said described Property into the RS-A- 43,000 (Residential/Agricultural) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject Property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: 1. That prior to the introduction of an ordinance removing the Mobilehome Park (MHP) Zone Overlay, the petitioners shall pay relocation benefits in the amount of $2,849 per mobilehome to each mobilehome owner who resided at the Orange Tree Mobilehome Park on July 25, 1994, and who meet the following additional criteria: (a) have not signed a rent deferment agreement or other relocation agreement with the Park owner; and (b) were not displaced for reasons other than Park closure (such as eviction for failure to pay rent or other breach of the rental agreement, voluntarily 7 abandonment of the mobilehome, repossession of the mobilehome, filing of a petition for bankruptcy, or otherwise relocated for reasons other than the closure of the Park); and (c) actually incurred a net out-of-pocket cost in relocating from the Orange Tree Mobilehome Park, (i.e., their actual costs to relocate exceeded benefits they received, including, but not limited to, deferred rent and incentives from their new park). 2. That prior to the introduction of an ordinance removing the Mobilehome Park (MHP) Zone Overlay, the property owner shall submit a letter to the Zoning Division of the Planning Department requesting termination of Conditional Use Permit No. 3402 (to retain an existing 236-space mobilehome park with waivers of minimum front, side and rear yard setbacks, minimum number of parking spaces and maximum fence height). 3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1 and 2, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. 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 within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement; provided, however, this approval shall also constitute a determination of the benefits to be paid to displaced tenants pursuant to the provisions of Section 65863.7 of the Government Code of the State of California. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then 8 this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the city to rezone, the subject property; any said rezoning shall require an ordinance of the city Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 36th day of May , 1995. MAYOR OF THE HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 12061.1\JWHITE\May 18, 1995 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-78 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of May, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-78 on the 18th day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of May, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-78 was duly passed and adopted by the City Council of the City of Anaheim on May 16th, 1995. CITY CLERK OF THE CITY OF ANAHEIM