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1965-173RESOLUTION NO. 65R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT DEED CONVEYING CERTAIN REAL PROPERTY TO THE CITY OF ANAHEIM AND AUTHORIZING THE COMPROMISE OF CERTAIN EMINENT DOMAIN LITIGATION. WHEREAS, heretofore, by its resolution duly adopted and passed on the 8th day of December, 1964, the City of Anaheim authorized and directed the initiation of condemnation proceed- ings which resulted in the commencement of Orange County Superior Court Case No. 132741, being entitled "City of Anaheim vs. Homer C. Guttridge, et al. and WHEREAS, Defendants Homer C. Guttridge and Maude Gut tridge have offered to deed the property sought to be condemned by the City of Anaheim to the City for a total consideration of $3,000.00; and WHEREAS, said property was appraised at $3,000.00 as recently as February 4, 1965, and the City Council of the City of Anaheim finds that the sum of $3,000.00 is a fair and rea- sonable amount to be paid for the property condemned; and WHEREAS, said defendants have this day submitted to the City Council a Grant Deed conveying said real property to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Grant Deed this day submitted to the City Council by Homer C. Guttridge and Maude Guttridge, granting to the City the following described real property situa- ted in the City of Anaheim, County of Orange, State of California: An easement for road and public utility purposes over, under and across that portion of Lot 28 of Anaheim Extension, as surveyed by William Hamel, December 11, 1868, and shown on a map filed for record in the office of the County Recorder of Los Angeles County, California, a copy thereof being on file in the office of the County Recorder of Orange County, California, in Book 3, pages 163 et seq. of "Los Angeles County Maps," described as follows: Beginning at a point in the South line of said Lot 28, 342.56 feet South 89 46' 30" West from the Southeast corner of said Lot 28, said point being on the North line of a 60.00 foot road known as Ball Road and 30.60 feet South 89 46' 30" West from the center line of Harbor Boulevard, as said Boulevard was surveyed and improved in 1930; thence North 11 07' 30" East 345.02 feet along a line parallel with and 30.00 feet West of the center line of said Harbor Boulevard; thence South 89 46' 30" West 5.10 feet; thence South 11 07' 30" West 324.92 feet; thence South 50 27' 00" West 23.21 feet; thence South 89 46' 30" West 111.16 feet along a line parallel with and 35.00 feet North of the center line of said Ball Road; thence South 16 56' 30" East 5.22 feet to the intersection with a line parallel with and 30.00 -1- ATTEST: 6 feet North of the center line of said Ball Road; thence North 89 46' 30" East along said parallel line 128.76 feet to the point of beginning. be and the same is hereby accepted by the City Council of the City of Anaheim. AND BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the Director of Finance be, and he is hereby, authorized and directed to deliver to the City Attorney's Office the sum of $3,000.00 payable to Homer C. Guttridge and Maude Guttridge, to be delivered by the City Attorney to said defendants when the City Attorney holds a grant deed in favor of the City of Anaheim, executed by said Homer C. Guttridge and Maude Guttridge conveying said property. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of March, 1965. CLERK OF THE CITY OF ANAHEIM (SEAL) Y OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 2nd day of March, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of March, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of March, 1965. -2- CITY CLERK OF THE CITY OF ANAHEIM B. CEQA NEGATIVE DECLARATION RECLASSIFICATION NO. 2006-00187 CONDITIONAL USE PERMIT NO. 2006-05150 TENTATIVE TRACT MAP NO. 17081 Owner: Manasseh and Magdy Bareh, Attn: Mike Bareh, P.O. Box 10038, Costa Mesa, CA 92627 Location: 3319 3321 West Lincoln Avenue: Property is approximately 0.83 -acre, having a frontage of 122 feet on the north side of Lincoln Avenue and is located 174 feet west of the centerline of Westchester Drive. Reclassification No 2006 00187 Request reclassification of the subject property from the C -G (General Commercial) zone to the RM -3 (Multiple- Family Residential) zone, or a Tess intense zone. Conditional Use Permit No 2006 -05150 Request to construct a 12 -unit attached single family residential planned unit development. Tentative Tract Map No 17081 To establish a 1 -lot, 12 -unit airspace attached single family residential condominium subdivision. Continued from the November 13, and 27, 2006, Planning Commission meetings. Reclassification Resolution No. PC2006 -111 Conditional Use Permit Resolution No. PC2006 -112 ACTION TAKEN BY THE PLANNING COMMISSION: CEQA NEGATIVE DECLARATION Approved RECLASSIFICATION NO. 2006-00187 Granted CONDITIONAL USE PERMIT NO. 2006 -05150 Granted Vote: 7 -0 These above items have a public appeal deadline of January 2, 2007 and City Council appeal deadline of December 29, 2006. TENTATIVE TRACT MAP NO. 17081 Approved. Vote: 7 -0 This item has a public appeal deadline of December 21, 2006 and City Council appeal deadline of December 18, 2006. ACTION TAKEN BY CITY COUNCIL: NONE Page 3 UPDATE: Planning Commission Mtg of December 11, 2006 April 17, 2007 Page 8 of Anaheim and ratified by City Council Resolution No. 2005 -17, and (ii) determining that the need for continuing the local emergency exists. 52. ORDINANCE NO. 6055 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2006 00187). 53. ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending subsections .070, .080 and .090 of section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements. (Introduced at the Council meeting of March 20, 2007, Item #50). 54. ORDINANCE NO. 6053 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending the Zoning Map referred to in TitIe18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2006 00191) (Introduced at the Council meeting of March 20, 2007, Item #54). 55. Approve the adjourned regular City Council meeting minutes of March 20, 2007. END OF CONSENT CALENDAR: 9. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the 4552 amount of $235,244.40 for the Orangewood Avenue improvement project from 1329' west of West Street to Ninth Street, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pringle removed Item No. 9 from the consent calendar to call attention to the fact he was interested in readdressing the issue of orphaned parkways (parkways with no landscaping or regular maintenance efforts). One such weed filled parkway he pointed out was in the area of Orangewood west and Mayor Pringle asked staff to consider maintaining those types of parkways whenever they were in an area performing other maintenance duties. With no other discussion offered on Item No. 9, Mayor Pringle moved to approve, seconded by Council Member Hernandez. Roll Call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 28. Reject all bids submitted for the construction of the beautification and traffic calming improvement project at the intersection of Lemon Street and La Palma Avenue project. Mayor Pringle questioned the plans for re- bidding the traffic calming project and how the process could be expedited. Gary Johnson, Director of Public Works, stated the Department had completed the design on a larger project on La Palma, had shelved it as it was unfunded but with funding now identified, would combine the two projects into one and construction should begin this fall. The combination of the two projects, he emphasized, should bring more competitive bidders to participate as the traffic calming project, by itself, was minor in scope and did not attract bidders. Council Member Sidhu suggested any future projects under $100,000 should be combined with 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: APRIL 17, 2007 FROM: PLANNING DIRECTOR SUBJECT: RECLASSIFICATION NO. 2006 -00187 (3319 3321 WEST LINCOLN AVENUE) COUNCIL AGENDA REPORT ATTACHMENT (Y/N): YES ITEM 52 RECOMMENDATION: That the City Council introduce an ordinance finalizing Reclassification No. 2006- 00187. DISCUSSION: On December 11, 2006, the Planning Commission adopted the attached resolution, reclassifying the property listed above to permit construction of twelve single family dwelling units. The proposed zoning is compatible with the existing residential neighborhoods and consistent with the General Plan land use designation. The applicant has complied with the conditions of approval associated with the reclassification. Introduction and adoption of this ordinance would finalize the reclassification of the property from the General Commercial (C -G) Zone to the Multiple Family Residential (RM -3) Zone. IMPACT ON BUDGET: There is no impact on the General Fund. Respectfully submitted, Sheri Vander Dussen Planning Director Attachments: 1. Draft City Council Ordinance 2. Location Map 3. Aerial Map 4. Planning Commission Resolution 5. Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006 00187). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held on December 11, 2006, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2006 -00111 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made to reclassify the subject property, as described below, into the RM -3 (Multiple Family Residential) Zone; and WHEREAS, the owner of the subject property has requested that the City finalize reclassification of the subject property from the C -G (General Commercial) Zone to the RM -3 (Multiple Family Residential) Zone of the City of Anaheim; and WHEREAS, certain terms and conditions were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject property situated in the County of Orange, State of California, described as follows, to wit: THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 11, 66 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.50 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTH ONE -HALF, 122 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE SAID SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.45 FEET TO THE SOUTH LINE THEREOF, AND THENCE WEST ALONG SAID SOUTH LINE, 122 FEET TO THE POINT OF BEGINNING. APN: 135- 211 -19 into the RM -3 (Multiple Family Residential) Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above described property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2007, by the following roll call vote: 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: 65085.v1/MGordon CITY OF ANAHEIM By CITY CLERK OF THE CITY OF ANAHEIM 3 MAYOR OF THE CITY OF ANAHEIM Item No. 4 L L. m n n (1) m 0 z 0 BUENA PARK CITY LIMITS L_1 G S-69-1C 3941 2042 2003- )13 1044) -G 3 -69 -57 3 -69 -10 1081 ANAHEIM CITY LIMITS 1 I I i HAYES CIR HARL.IIRU CIR C -G RCL 68 -69 -57 CUP 1081 MOTEL RCL 99 -00 -5 (Res. of Int. to CL) RCL 67 -68 -46 T -CUP 2001 -04459 -CUP 2001 -04437 CUP 4181 CUP 1037 C -G RCL 67 -68 -46 T -CUP 2001 -04459 11 -CUP 2001 -04437 1 CUP 4181 I APARTMENTS 42 DU RIVE —THRU RESTAURANT RM -4 RCL 76 -77 -48 I RCL 63 -64 -46 1 I1- T RCL 99 -00 -5 (Res. of Intent to RS -A- 43,000) T -CUP 2001 -04459 T -CUP 2001 -04437 RCL 82 -83 -28 CUP 4181 CUP 527 T RCL 86 -87 -35 (Res of Int to RM -3000) T —CUP 2001 -04459 T —CUP 2001 -04437 T —VAR 2001 -04454 VAR 3666 VAR 2365 CUP 4181 LINCOLN AVE C -G RCL 63 -64 -46 1 CUP 4164 !RESTAURANT APARTMENTS 194 DU RM -4 RCL 59 -60 -60 VAR 1380 0 2 0) J J 2 N U RCL 63 -64 -129 C —G TTM 17081 RCL 2006 00187'- RCL 62-63-119 56 -57 -71 4'd CUP 2006-05150 T —CU 2001- 04 370 CUP 4140 MEDICAL FACILITY --of 122' am- RM -4 RCL 87 -88 -55 VAR 3800 RM -4 RCL 78 -79 -15 VAR 3051 APARTMENTS RM -2 RCL 79 -80 -04 CUP 1691 VAR 3117 VAR 3102 ANAHEIM WEST TOWNHOMES 14 DU I I I I I 174 West Anaheim Commercial Corridors T CUP 2405 CENTRALIA ELEMENTARY SCHOOL T CUP 3440 CUP 2405 APARTMENTS 135 DU C —G RCL 61 -62 -16 CUP 414 CUP 404 VACANT C —G PCN 98 -07 RCL61 -62 -16 VAR1726S CUP 2005 -05060 (RCL 60- 61 -20) CUP 2005 -05060 (CUP 2963) CUP 4050 (CUP 2838) CUP 2138 (CUP 2479) CUP414 (CUP 1054) CUP 404 (VAR 2309 S) SMALL SHOPS CUP 414 VAR 1726 S CUP 404 West Anaheim Comrr i RM -4 RCL 73 -74 -33 APARTMENTS 68 DU Tentative Tract Map No. 17081 Reclassification No. 2006 -00187 Conditional Use Permit No. 2006 -05150 Requested By: MANASSEH AND MAGDY BAREH 3319 3321 West Lincoln Avenue Subject Property Date: December 11, 2006 Scale: 1" 200' Q.S. No. 004 10167 Tentative Tract Map No. 17081 Reclassification No. 2006 -00187 Conditional Use Permit No. 2006 -05150 Requested By: MANASSEH AND MAGDY BAREH 3319 3321 West Lincoln Avenue Subject Property Date: December 11, 2006 Scale: 1" 200' Q.S. No. 004 10167 RESOLUTION NO. PC2006 -111 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006 -00187 BE GRANTED (3319 -3321 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2006, at 2:30 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 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the November 13 and November 27, 2006, Planning Commission meetings; 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 applicant proposes reclassification of subject property from the C -G (General Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone. 2. That the Anaheim General Plan designates this property and the properties to the north, south and east for Low Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for this land use designation and the proposed reclassification would result in an increase in the City's housing stock and would be consistent with the goals and policies contained in the Housing Element. 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 no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment 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. CR \PC2006 -111 -1- PC2006 -111 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above described property from the C -G (General Commercial) Zone and to incorporate said described property into the RM -3 (Multiple Family Residential) 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 health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, 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 18.60.140 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. 3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit No. 2006 -05150 and Tentative Tract Map No. 17081. 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. 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 such 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does 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 conditions, 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION -2- PC2006 -111 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 11, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2007. IN WITNESS WHEREOF, I have hereunto set my hand this day of (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2006 -111 Staff Report to the Planning Commission December 11, 2006 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. RECLASSIFICATION NO. 2006 -00187 (Resolution) 4c. CONDITIONAL USE PERMIT NO. 2006 -05150 (Resolution) 4d. TENTATIVE TRACT MAP NO. 17081 (Motion) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 0.82 -acre property has a frontage of 122 feet on the north side of Lincoln Avenue, a maximum depth of 295 feet, and is located 174 feet west of the centerline of Westchester Drive (3319 -3321 West Lincoln Avenue). REQUEST: (2) The applicant requests approval of the following: (3) (5) Rc100187pc121106srjr (a) Reclassification No. 2006 00187— to reclassify the property from the C -G (General Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone. (b) Conditional Use Permit No. 2006 05150- to construct a 12 -unit attached single family residential planned unit development under authority of Code Section Nos. 18.06.030.040.0402 (Dwellings Single Family Attached) and 18.06.160. (c) Tentative Tract Map No. 17081 —to establish a 1 -lot, 12 -unit airspace attached single family residential condominium subdivision. BACKGROUND: This item was continued from the November 13, and November 27, 2006, Commission meetings to allow the applicant and staff time to work on the site plan and elevation design. (4) This property is developed with an animal hospital and is zoned C -G (General Commercial) and is located in the Merged Redevelopment Project Area. The Anaheim General Plan designates this property and properties to the north, south, and east for Low Medium Density Residential land uses, and properties to the west for Medium Density Residential land uses. PREVIOUS ZONING ACTIONS: The following zoning action pertains to this property: a. Conditional Use Permit No. 4140 (to permit a church within an existing office building with waiver of min. number of parking spaces and min. setback of an institutional use adjacent to a residential zone) was approved by the Planning Commission on July 19, 1999 for a period of two years (to expire July 19, 2001). This permit was reinstated (Tracking No. CUP2001- 04370) by the Commission and the time limitation deleted on June 18, 2001. Staff has included a condition of approval requiring termination of this permit. Page 1 Development Standards Proposed Project RM -3 Zone Standards Site Area (after dedication) 0.82 acres (35,870 s.f.) N/A Number of Dwelling Units 12 dwelling units 14 units maximum Avg. Land Area per DU 2,989 s.f. 2,400 s.f. minimum Lot Coverage 37.0% 45% maximum Avg. Rec /Leisure per DU 359.5 s.f. per unit (4,314 s.f. total) 350 s.f. per unit (4,200 s.f. total) Direction Proposed Landscaped Structural and Setbacks Code Required Structural /landscaped Setbacks (RM -3) Adjacent Zoning North (adjacent to school) 15 feet structural (1 /2 floor) 5 feet landscaped 10 feet structural (1 floor) 15 feet structural (2 floor) 5 feet landscaped T DEVELOPMENT PROPOSAL: Existing site as seen from Lincoln Avenue Staff Report to the Planning Commission December 11, 2006 Item No. 4 (6) The applicant is requesting reclassification of the property as depicted in the above photograph, from the C -G zone to the RM -3 zone, in connection with a conditional use permit and tentative tract map to construct a one lot, 12 -unit attached single family residential condominium subdivision. The site plan (Exhibit No. 1) and tentative tract map indicate the following site characteristics: (7) The site plan (Exhibit No. 1) and tentative map indicate the following setbacks: Page 2 East (adjacent to multiple family) 10 feet structural (1 floor) 15 feet structural (2 floor)* 5 feet landscaped 10 ft. structural (1 floor) 15 ft. structural (2 floor) 5 feet landscaped RM -2 South (adjacent to Lincoln Avenue) 17 -34 feet structural and landscaped (20 ft avg.) 20 feet avg. structural and landscaped N/A West (adjacent to commercial office) 10 feet structural (1 floor) 15 feet structural (2 floor)* 5 feet landscaped 10 feet structural (1 floor) 15 feet structural (2 floor) 5 feet landscaped CG Staff Report to the Planning Commission December 11, 2006 Item No. 4 *Current design reflects a 2 -foot encroachment for a stairwell at the second story. Staff has included a condition of approval requiring modification of the stairwell to comply with Code. (8) The buildings are separated by a 20 -foot wide private driveway. There is a separation of 28 feet between the first floor of Buildings 1 and 2, and 30 feet between the second floors. Code requires a minimum of 20 feet between the first floors and 30 feet between the second floors of these buildings. The site plan further indicates an existing 6 -foot high block wall along the north, east, and west property lines. Plans propose the demolition of the six foot high fence and construction of an eight (8) foot high wall along the west property line. Concrete brick pavers or colored /stamped concrete would be incorporated into the driveway entry as a decorative treatment. Code permits maximum three (3) foot high fences within the required street setback and a maximum height of six feet within all other required setbacks. Code further requires a decorative masonry wall eight feet in height where a residential property abuts a commercial property (west property line). Vehicular access is provided via a private drive from Lincoln Avenue. The site plan proposes 36 parking spaces within the subdivision, with two (2) spaces within a garage for each unit and twelve (12) uncovered spaces. Code requires a total of 36 parking spaces based on the requirement of three (3) spaces fora 3- bedroom unit (3 x 12 units 36 spaces). Of the 36 required parking spaces, three (3) are required visitor spaces (0.25 spaces x 12 units). The applicant does not propose any gates across the entry to the private drive. The private drive also meets Fire Department standards for access. (10) The floor plans (Exhibit No. 1) indicate 1,550 square -foot 2 -story units, in two plans, consisting of an attached two -car garage, living room, family room, dining room, kitchen, and powder room on the first floor. The second floor would contain three bedrooms and two bathrooms, an outdoor balcony off the master bedroom (for all but two units), and a laundry area. Elevations as seen from Lincoln Avenue Page 3 ENVIRONMENTAL IMPACT ANALYSIS: EVALUATION: Staff Report to the Planning Commission December 11, 2006 Item No. 4 (11) Elevation drawings, colored renderings and material board (Exhibit Nos. 2, 3, 4 and 5) indicate an Arts and Crafts style design for the three proposed buildings. Plans indicate the buildings would be 24 feet, 6 inches high and two stories. Elevation drawings indicate flat concrete shingle rooftops, wood siding and stucco finished exterior walls with the use of a "river rock" veneer along the base of the elevations. Wood shutters and exposed beam wood work, and wood surrounds are incorporated around the windows and doors and within the exposed eaves of the exterior. Primary entryways are located underneath a secondary roof opening for two (2) units on Lincoln Avenue and ten (10) units along the private driveway. Tapered columns frame the pedestrian entryways into the units and similar columns would be incorporated into the Lincoln- facing elevation as decorative roof supports. The color and materials board indicates two color schemes, however the final use and placement of the colors has not been determined. Staff has included a condition of approval requiring final elevation plans be submitted for review and approval prior to issuance of building permits. (12) The conceptual landscape plan (Exhibit No. 6) indicates six (6) 24 inch box size Pink Trumpet trees, assorted shrubs and ground cover, and sod on a three foot high berm in the setback along Lincoln Avenue. Code requires a minimum of 1 tree (24 inch box size) per 20 lineal feet of frontage for a total of 6 trees. The plan also indicates evergreen trees and associated ground cover within the parking lot at the rear of the property. An assortment of shrubs and ground cover are proposed along the perimeter of the property within the required five -foot wide landscape setback areas along the east, west, and north property lines. The plan also shows small planter boxes located between the garage door entrances along the private drive, as well as landscaping along the perimeter of the building surrounding the entrances and outdoor patio areas. Staff has included a condition of approval requiring that all trees be a minimum of 24 -inch box in size or a minimum brown trunk height of 8 -10 feet. Staff has also included a condition of approval requiring a detailed landscape plan reflecting the proposed planting of shrubs and ground cover to ensure the density of planting commensurate with other recently approved projects in a layered landscape theme. (13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed 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. (14) The Anaheim General Plan designates this property for Low Medium Density Residential land uses, with a density range of 0 to 18 dwelling units per acre. The applicant proposes a reclassification of the property from the C -G zone to the RM -3 zone, to construct 12 attached single family condominium dwelling units at a density of 14.6 dwelling units per acre. The proposed development would be compatible with the existing residential developments to the Page 4 Policies: Staff Report to the Planning Commission December 11, 2006 Item No. 4 south and east. The project is also consistent with the density of the Low Medium Density Residential land use designation for the site. (15) Attached single family residences are permitted in the RM -3 Zone subject to the approval of a conditional use permit under authority of Code Section 18.06.160 pertaining to residential planned unit developments. The proposed project complies with code in all respects and modification of standards as permitted by code for planned unit developments has not been requested. (16) The Anaheim General Plan contains a Community Design Element which is intended to provide a practical framework for specific design guidelines to ensure that design decisions in various parts of the City serve to implement the City's Vision. One of the goals of the Community Design Element addresses mid -block residential developments is as follows and is implemented through the policies identified below: "GOAL 5.1: Mid -block residential developments convey a neighborhood atmosphere, high level of design quality, and strong street facing orientation. Design facades of residences facing arterial corridors to include richly articulated surfaces, walls, and roofline treatments. Encourage mid -block residential streetscapes that feature well landscaped parkways and rhythmic variations of residential facades, styles and color with a minimum of driveways and /or curb cuts provided (access primarily provided from the rear of residences). Incorporate elevated front porches in dwelling units along major arterial corridors to provide privacy, security, and visual interest. In addition to porches, require that each dwelling unit have a reasonable amount of usable private open space (e.g. elevated decks, terraces and rear yards). Where front yard fencing is desirable, require that it be low -scale and open -view style, incorporating varied architectural elements consistent with the residential facades. Where alley loading is not feasible, minimize curb cuts by incorporating shared driveways and locating parking behind residences. Place parkway street trees at regular intervals to buffer residential uses and create a uniting visual element along the arterial corridor. Require a minimum landscaped setback between the sidewalk and the front yard fence to provide more privacy for residents and allow for an additional row of trees and landscaping. Page 5 Staff Report to the Planning Commission December 11, 2006 Item No. 4 Encourage decorative, colored pavement, stamped concrete, brick or composite material for shared driveways and alleys to reinforce the residential character of the neighborhood. Where possible, underground or screen utilities and utility equipment or locate and size them to be as inconspicuous as possible. The design goal is to encourage mid -block development that incorporates richly detailed architecture and contributes to a pedestrian friendly street environment. This can be accomplished through guidelines that encourage domestic scale and appearance, orientation to the street, recessed parking and landscaped parkways." (17) Many design features intended to address the policies indicated above have been incorporated into the project, including the design of facades facing the arterials, variation in residential facades, reasonable private open space provided as rear yards, layered landscaping to provide more privacy for residents, the inclusion of decorative pavement treatment at the entry driveway, and the appropriate siting of above ground utilities. As proposed, the project meets the intent of the Community Design Element and further implements the City's Vision for Mid -block residential development. Aerial of Subject Property and Adjacent Properties (18) Staff has included standard conditions of approval relating to landscape design and maintenance and review of detailed final elevation plans. Staff has included a condition of approval requiring final site and floor plans to be submitted to staff to ensure compliance with Page 6 Staff Report to the Planning Commission December 11, 2006 Item No. 4 the minimum second floor setback of 15 -feet. The applicant is aware of this issue and has agreed to modify plans to address this requirement. (19) Staff has not received any public input from neighbors with regard to this project. Records indicate no open Community Preservation activity pertaining to this property. FINDINGS: (20) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Page 7 Staff Report to the Planning Commission December 11, 2006 Item No. 4 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (22) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein: (a) By motion, approve a Negative Declaration for the project. (b) By resolution, approve Reclassification No. 2006 00187. (c) By resolution, approve Conditional Use Permit No. 2006 05150. (d) By motion, approve Tentative Tract Map No. 17081. Page 8 B. CEQA NEGATIVE DECLARATION RECLASSIFICATION NO. 2006-00187 CONDITIONAL USE PERMIT NO. 2006-05150 TENTATIVE TRACT MAP NO. 17081 Owner: Manasseh and Magdy Bareh, Attn: Mike Bareh, P.O. Box 10038, Costa Mesa, CA 92627 Location: 3319 3321 West Lincoln Avenue: Property is approximately 0.83 -acre, having a frontage of 122 feet on the north side of Lincoln Avenue and is located 174 feet west of the centerline of Westchester Drive. Reclassification No 2006 00187 Request reclassification of the subject property from the C -G (General Commercial) zone to the RM -3 (Multiple- Family Residential) zone, or a Tess intense zone. Conditional Use Permit No 2006 -05150 Request to construct a 12 -unit attached single family residential planned unit development. Tentative Tract Map No 17081 To establish a 1 -lot, 12 -unit airspace attached single family residential condominium subdivision. Continued from the November 13, and 27, 2006, Planning Commission meetings. Reclassification Resolution No. PC2006 -111 Conditional Use Permit Resolution No. PC2006 -112 ACTION TAKEN BY THE PLANNING COMMISSION: CEQA NEGATIVE DECLARATION Approved RECLASSIFICATION NO. 2006-00187 Granted CONDITIONAL USE PERMIT NO. 2006 -05150 Granted Vote: 7 -0 These above items have a public appeal deadline of January 2, 2007 and City Council appeal deadline of December 29, 2006. TENTATIVE TRACT MAP NO. 17081 Approved. Vote: 7 -0 This item has a public appeal deadline of December 21, 2006 and City Council appeal deadline of December 18, 2006. ACTION TAKEN BY CITY COUNCIL: NONE Page 3 UPDATE: Planning Commission Mtg of December 11, 2006 April 17, 2007 Page 8 of Anaheim and ratified by City Council Resolution No. 2005 -17, and (ii) determining that the need for continuing the local emergency exists. 52. ORDINANCE NO. 6055 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2006 00187). 53. ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending subsections .070, .080 and .090 of section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code relating to dedications and improvements. (Introduced at the Council meeting of March 20, 2007, Item #50). 54. ORDINANCE NO. 6053 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending the Zoning Map referred to in TitIe18 of the Anaheim Municipal Code relating to Zoning (Reclassification No. 2006 00191) (Introduced at the Council meeting of March 20, 2007, Item #54). 55. Approve the adjourned regular City Council meeting minutes of March 20, 2007. END OF CONSENT CALENDAR: 9. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the 4552 amount of $235,244.40 for the Orangewood Avenue improvement project from 1329' west of West Street to Ninth Street, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Pringle removed Item No. 9 from the consent calendar to call attention to the fact he was interested in readdressing the issue of orphaned parkways (parkways with no landscaping or regular maintenance efforts). One such weed filled parkway he pointed out was in the area of Orangewood west and Mayor Pringle asked staff to consider maintaining those types of parkways whenever they were in an area performing other maintenance duties. With no other discussion offered on Item No. 9, Mayor Pringle moved to approve, seconded by Council Member Hernandez. Roll Call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 28. Reject all bids submitted for the construction of the beautification and traffic calming improvement project at the intersection of Lemon Street and La Palma Avenue project. Mayor Pringle questioned the plans for re- bidding the traffic calming project and how the process could be expedited. Gary Johnson, Director of Public Works, stated the Department had completed the design on a larger project on La Palma, had shelved it as it was unfunded but with funding now identified, would combine the two projects into one and construction should begin this fall. The combination of the two projects, he emphasized, should bring more competitive bidders to participate as the traffic calming project, by itself, was minor in scope and did not attract bidders. Council Member Sidhu suggested any future projects under $100,000 should be combined with 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: APRIL 17, 2007 FROM: PLANNING DIRECTOR SUBJECT: RECLASSIFICATION NO. 2006 -00187 (3319 3321 WEST LINCOLN AVENUE) IMPACT ON BUDGET: There is no impact on the General Fund. Respectfully submitted, Sheri Vander Dussen Planning Director Attachments: 1. Draft City Council Ordinance 2. Location Map 3. Aerial Map 4. Planning Commission Resolution 5. Planning Commission Staff Report COUNCIL AGENDA REPORT ATTACHMENT (Y/N): YES ITEM 52 RECOMMENDATION: That the City Council introduce an ordinance finalizing Reclassification No. 2006- 00187. DISCUSSION: On December 11, 2006, the Planning Commission adopted the attached resolution, reclassifying the property listed above to permit construction of twelve single family dwelling units. The proposed zoning is compatible with the existing residential neighborhoods and consistent with the General Plan land use designation. The applicant has complied with the conditions of approval associated with the reclassification. Introduction and adoption of this ordinance would finalize the reclassification of the property from the General Commercial (C -G) Zone to the Multiple Family Residential (RM -3) Zone. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006 00187). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held on December 11, 2006, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2006 -00111 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made to reclassify the subject property, as described below, into the RM -3 (Multiple Family Residential) Zone; and WHEREAS, the owner of the subject property has requested that the City finalize reclassification of the subject property from the C -G (General Commercial) Zone to the RM -3 (Multiple Family Residential) Zone of the City of Anaheim; and WHEREAS, certain terms and conditions were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject property situated in the County of Orange, State of California, described as follows, to wit: THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 11, 66 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.50 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTH ONE -HALF, 122 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE SAID SOUTH ONE -HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 520.45 FEET TO THE SOUTH LINE THEREOF, AND THENCE WEST ALONG SAID SOUTH LINE, 122 FEET TO THE POINT OF BEGINNING. APN: 135- 211 -19 into the RM -3 (Multiple Family Residential) Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above described property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2007, by the following roll call vote: 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: 65085.v1/MGordon CITY OF ANAHEIM By CITY CLERK OF THE CITY OF ANAHEIM 3 MAYOR OF THE CITY OF ANAHEIM Item No. 4 mr n n (1) m 0 z 0 BUENA PARK CITY LIMITS ANAHEIM CITY LIMITS G S -69 -1 C 3941 2042 2003- )13 1044) -G 3 -69 -57 3 -69 -10 1081 L I HAYES CIR HARDING GIN C -G RCL 68 -69 -57 CUP 1081 MOTEL RCL 99 -00 -5 (Res. of Int. to CL) RCL 67 -68 -46 T -CUP 2001 -04459 -CUP 2001 -04437 CUP 4181 CUP 1037 C -G RCL 67 -68 -46 'r -CUP 2001 -04459 lf -CUP 2001 -04437 1 CUP 4181 I APARTMENTS 42 DU RIVE -THRU RESTAURANT RM -4 RCL 76 -77 -48 I RCL 63 -64 -46 4 T RCL 99 -00 -5 (Res. of Intent to RS -A- 43,000) T -CUP 2001 -04459 T -CUP 2001 -04437 RCL 82 -83 -28 CUP 4181 CUP 527 T RCL 86 -87 -35 (Res of Int to RM -3000) T -CUP 2001 -04459 T -CUP 2001 -04437 T -VAR 2001 -04454 VAR 3666 VAR 2365 CUP 4181 LINCOLN AVE C -G RCL 63 -64 -46 1 CUP 4164 !RESTAURANT APARTMENTS 194 DU RM -4 RCL 59 -60 -60 VAR 1380 U RCL 63 -64 -129 C-G 17081 RCL 2006-00187 RCL 62- 63- 1194', RCL 56-57-71 CUP 2006-05150 T -CUP <s.2001 -04370 CUP 4140 MEDICAL FACILITY RM -4 RCL 87 -88 -55 VAR 3800 RM -4 RCL 78 -79 -15 VAR 3051 APARTMENTS RM -2 RCL 79 -80 -04 CUP 1691 VAR3117 VAR 3102 ANAHEIM WEST TOWNHOMES 14 DU I I I I I 174 West Anaheim Commercial Corridors O z .II 122' T CUP 2405 CENTRALIA ELEMENTARY SCHOOL T CUP 3440 CUP 2405 APARTMENTS 135 DU C -G RCL 61 -62 -16 CUP 414 CUP 404 VACANT C -G PCN 98 -07 0 RCL 61 -62 -16 VAR 1726S CUP 2005 -05060 (RCL 60- 61 -20) CUP 2005 -05060 (CUP 2963) W CUP 4050 (CUP 2838) I--- CUP 2138 (CUP 2479) CO CUP414 (CUP1054) Ill CUP 404 (VAR 2309 S) SMALL SHOPS CUP 414 VAR 1726 S CUP 404 O z West Anaheim Comrr RM -4 RCL 73 -74 -33 APARTMENTS 68 DU Tentative Tract Map No. 17081 Reclassification No. 2006 -00187 Conditional Use Permit No. 2006 -05150 Requested By: MANASSEH AND MAGDY BAREH 3319 3321 West Lincoln Avenue Subject Property Date: December 11, 2006 Scale: 1" 200' Q.S. No. 004 10167 BUENA PARK CITY LIMITS Tentative Tract Map No. 17081 Reclassification No. 2006 -00187 Conditional Use Permit No. 2006 -05150 Requested By: MANASSEH AND MAGDY BAREH 3319 3321 West Lincoln Avenue Subject Property Date: December 11, 2006 Scale: 1" 200' Q.S. No. 004 10167 RESOLUTION NO. PC2006 -111 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006 -00187 BE GRANTED (3319 -3321 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2006, at 2:30 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 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the November 13 and November 27, 2006, Planning Commission meetings; 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 applicant proposes reclassification of subject property from the C -G (General Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone. 2. That the Anaheim General Plan designates this property and the properties to the north, south and east for Low Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for this land use designation and the proposed reclassification would result in an increase in the City's housing stock and would be consistent with the goals and policies contained in the Housing Element. 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 no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment 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. CR \PC2006 -111 -1- PC2006 -111 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above described property from the C -G (General Commercial) Zone and to incorporate said described property into the RM -3 (Multiple Family Residential) 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 health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, 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 18.60.140 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. 3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit No. 2006 -05150 and Tentative Tract Map No. 17081. 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. 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 such 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does 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 conditions, 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION -2- PC2006 -111 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 11, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2007. IN WITNESS WHEREOF, I have hereunto set my hand this day of (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2006 -111 Staff Report to the Planning Commission December 11, 2006 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. RECLASSIFICATION NO. 2006 -00187 (Resolution) 4c. CONDITIONAL USE PERMIT NO. 2006 -05150 (Resolution) 4d. TENTATIVE TRACT MAP NO. 17081 (Motion) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 0.82 -acre property has a frontage of 122 feet on the north side of Lincoln Avenue, a maximum depth of 295 feet, and is located 174 feet west of the centerline of Westchester Drive (3319 -3321 West Lincoln Avenue). REQUEST: (2) The applicant requests approval of the following: (3) (5) Rc100187pc121106srjr (a) Reclassification No. 2006 00187— to reclassify the property from the C -G (General Commercial) zone to the RM -3 (Multiple Family Residential) zone, or less intense zone. (b) Conditional Use Permit No. 2006 05150- to construct a 12 -unit attached single family residential planned unit development under authority of Code Section Nos. 18.06.030.040.0402 (Dwellings Single Family Attached) and 18.06.160. (c) Tentative Tract Map No. 17081 to establish a 1 -lot, 12 -unit airspace attached single family residential condominium subdivision. BACKGROUND: This item was continued from the November 13, and November 27, 2006, Commission meetings to allow the applicant and staff time to work on the site plan and elevation design. (4) This property is developed with an animal hospital and is zoned C -G (General Commercial) and is located in the Merged Redevelopment Project Area. The Anaheim General Plan designates this property and properties to the north, south, and east for Low Medium Density Residential land uses, and properties to the west for Medium Density Residential land uses. PREVIOUS ZONING ACTIONS: The following zoning action pertains to this property: a. Conditional Use Permit No. 4140 (to permit a church within an existing office building with waiver of min. number of parking spaces and min. setback of an institutional use adjacent to a residential zone) was approved by the Planning Commission on July 19, 1999 for a period of two years (to expire July 19, 2001). This permit was reinstated (Tracking No. CUP2001- 04370) by the Commission and the time limitation deleted on June 18, 2001. Staff has included a condition of approval requiring termination of this permit. Page 1 Development Standards Proposed Project RM -3 Zone Standards Site Area (after dedication) 0.82 acres (35,870 s.f.) N/A Number of Dwelling Units 12 dwelling units 14 units maximum Avg. Land Area per DU 2,989 s.f. 2,400 s.f. minimum Lot Coverage 37.0% 45% maximum Avg. Rec /Leisure per DU 359.5 s.f. per unit (4,314 s.f. total) 350 s.f. per unit (4,200 s.f. total) Direction Proposed Landscaped Structural and Setbacks Code Required Structural /landscaped Setbacks (RM -3) Adjacent Zoning North (adjacent to school) 15 feet structural (1 /2 floor) 5 feet landscaped 10 feet structural (1 floor) 15 feet structural (2 floor) 5 feet landscaped T DEVELOPMENT PROPOSAL: Existing site as seen from Lincoln Avenue Staff Report to the Planning Commission December 11, 2006 Item No. 4 (6) The applicant is requesting reclassification of the property as depicted in the above photograph, from the C -G zone to the RM -3 zone, in connection with a conditional use permit and tentative tract map to construct a one lot, 12 -unit attached single family residential condominium subdivision. The site plan (Exhibit No. 1) and tentative tract map indicate the following site characteristics: (7) The site plan (Exhibit No. 1) and tentative map indicate the following setbacks: Page 2 East (adjacent to multiple family) 10 feet structural (1 floor) 15 feet structural (2 floor)* 5 feet landscaped 10 ft. structural (1 floor) 15 ft. structural (2 floor) 5 feet landscaped RM -2 South (adjacent to Lincoln Avenue) 17 -34 feet structural and landscaped (20 ft avg.) 20 feet avg. structural and landscaped N/A West (adjacent to commercial office) 10 feet structural (1 floor) 15 feet structural (2 floor)* 5 feet landscaped 10 feet structural (1 floor) 15 feet structural (2 floor) 5 feet landscaped CG Staff Report to the Planning Commission December 11, 2006 Item No. 4 *Current design reflects a 2 -foot encroachment for a stairwell at the second story. Staff has included a condition of approval requiring modification of the stairwell to comply with Code. (8) The buildings are separated by a 20 -foot wide private driveway. There is a separation of 28 feet between the first floor of Buildings 1 and 2, and 30 feet between the second floors. Code requires a minimum of 20 feet between the first floors and 30 feet between the second floors of these buildings. The site plan further indicates an existing 6 -foot high block wall along the north, east, and west property lines. Plans propose the demolition of the six foot high fence and construction of an eight (8) foot high wall along the west property line. Concrete brick pavers or colored /stamped concrete would be incorporated into the driveway entry as a decorative treatment. Code permits maximum three (3) foot high fences within the required street setback and a maximum height of six feet within all other required setbacks. Code further requires a decorative masonry wall eight feet in height where a residential property abuts a commercial property (west property line). Vehicular access is provided via a private drive from Lincoln Avenue. The site plan proposes 36 parking spaces within the subdivision, with two (2) spaces within a garage for each unit and twelve (12) uncovered spaces. Code requires a total of 36 parking spaces based on the requirement of three (3) spaces fora 3- bedroom unit (3 x 12 units 36 spaces). Of the 36 required parking spaces, three (3) are required visitor spaces (0.25 spaces x 12 units). The applicant does not propose any gates across the entry to the private drive. The private drive also meets Fire Department standards for access. (10) The floor plans (Exhibit No. 1) indicate 1,550 square -foot 2 -story units, in two plans, consisting of an attached two -car garage, living room, family room, dining room, kitchen, and powder room on the first floor. The second floor would contain three bedrooms and two bathrooms, an outdoor balcony off the master bedroom (for all but two units), and a laundry area. Elevations as seen from Lincoln Avenue Page 3 (11) Elevation drawings, colored renderings and material board (Exhibit Nos. 2, 3, 4 and 5) indicate an Arts and Crafts style design for the three proposed buildings. Plans indicate the buildings would be 24 feet, 6 inches high and two stories. Elevation drawings indicate flat concrete shingle rooftops, wood siding and stucco finished exterior walls with the use of a "river rock" veneer along the base of the elevations. Wood shutters and exposed beam wood work, and wood surrounds are incorporated around the windows and doors and within the exposed eaves of the exterior. Primary entryways are located underneath a secondary roof opening for two (2) units on Lincoln Avenue and ten (10) units along the private driveway. Tapered columns frame the pedestrian entryways into the units and similar columns would be incorporated into the Lincoln- facing elevation as decorative roof supports. The color and materials board indicates two color schemes, however the final use and placement of the colors has not been determined. Staff has included a condition of approval requiring final elevation plans be submitted for review and approval prior to issuance of building permits. (12) The conceptual landscape plan (Exhibit No. 6) indicates six (6) 24 inch box size Pink Trumpet trees, assorted shrubs and ground cover, and sod on a three foot high berm in the setback along Lincoln Avenue. Code requires a minimum of 1 tree (24 inch box size) per 20 lineal feet of frontage for a total of 6 trees. The plan also indicates evergreen trees and associated ground cover within the parking lot at the rear of the property. An assortment of shrubs and ground cover are proposed along the perimeter of the property within the required five -foot wide landscape setback areas along the east, west, and north property lines. The plan also shows small planter boxes located between the garage door entrances along the private drive, as well as landscaping along the perimeter of the building surrounding the entrances and outdoor patio areas. Staff has included a condition of approval requiring that all trees be a minimum of 24 -inch box in size or a minimum brown trunk height of 8 -10 feet. Staff has also included a condition of approval requiring a detailed landscape plan reflecting the proposed planting of shrubs and ground cover to ensure the density of planting commensurate with other recently approved projects in a layered landscape theme. ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed 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. EVALUATION: Staff Report to the Planning Commission December 11, 2006 Item No. 4 (14) The Anaheim General Plan designates this property for Low Medium Density Residential land uses, with a density range of 0 to 18 dwelling units per acre. The applicant proposes a reclassification of the property from the C -G zone to the RM -3 zone, to construct 12 attached single family condominium dwelling units at a density of 14.6 dwelling units per acre. The proposed development would be compatible with the existing residential developments to the Page 4 Staff Report to the Planning Commission December 11, 2006 Item No. 4 south and east. The project is also consistent with the density of the Low Medium Density Residential land use designation for the site. (15) Attached single family residences are permitted in the RM -3 Zone subject to the approval of a conditional use permit under authority of Code Section 18.06.160 pertaining to residential planned unit developments. The proposed project complies with code in all respects and modification of standards as permitted by code for planned unit developments has not been requested. (16) The Anaheim General Plan contains a Community Design Element which is intended to provide a practical framework for specific design guidelines to ensure that design decisions in various parts of the City serve to implement the City's Vision. One of the goals of the Community Design Element addresses mid -block residential developments is as follows and is implemented through the policies identified below: "GOAL 5.1: Mid -block residential developments convey a neighborhood atmosphere, high level of design quality, and strong street facing orientation. Policies: Design facades of residences facing arterial corridors to include richly articulated surfaces, walls, and roofline treatments. Encourage mid -block residential streetscapes that feature well landscaped parkways and rhythmic variations of residential facades, styles and color with a minimum of driveways and /or curb cuts provided (access primarily provided from the rear of residences). Incorporate elevated front porches in dwelling units along major arterial corridors to provide privacy, security, and visual interest. In addition to porches, require that each dwelling unit have a reasonable amount of usable private open space (e.g. elevated decks, terraces and rear yards). Where front yard fencing is desirable, require that it be low -scale and open -view style, incorporating varied architectural elements consistent with the residential facades. Where alley loading is not feasible, minimize curb cuts by incorporating shared driveways and locating parking behind residences. Place parkway street trees at regular intervals to buffer residential uses and create a uniting visual element along the arterial corridor. Require a minimum landscaped setback between the sidewalk and the front yard fence to provide more privacy for residents and allow for an additional row of trees and landscaping. Page 5 Staff Report to the Planning Commission December 11, 2006 Item No. 4 Encourage decorative, colored pavement, stamped concrete, brick or composite material for shared driveways and alleys to reinforce the residential character of the neighborhood. Where possible, underground or screen utilities and utility equipment or locate and size them to be as inconspicuous as possible. The design goal is to encourage mid -block development that incorporates richly detailed architecture and contributes to a pedestrian friendly street environment. This can be accomplished through guidelines that encourage domestic scale and appearance, orientation to the street, recessed parking and landscaped parkways." (17) Many design features intended to address the policies indicated above have been incorporated into the project, including the design of facades facing the arterials, variation in residential facades, reasonable private open space provided as rear yards, layered landscaping to provide more privacy for residents, the inclusion of decorative pavement treatment at the entry driveway, and the appropriate siting of above ground utilities. As proposed, the project meets the intent of the Community Design Element and further implements the City's Vision for Mid -block residential development. Aerial of Subject Property and Adjacent Properties (18) Staff has included standard conditions of approval relating to landscape design and maintenance and review of detailed final elevation plans. Staff has included a condition of approval requiring final site and floor plans to be submitted to staff to ensure compliance with Page 6 Staff Report to the Planning Commission December 11, 2006 Item No. 4 the minimum second floor setback of 15 -feet. The applicant is aware of this issue and has agreed to modify plans to address this requirement. (19) Staff has not received any public input from neighbors with regard to this project. Records indicate no open Community Preservation activity pertaining to this property. FINDINGS: (20) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Page 7 Staff Report to the Planning Commission December 11, 2006 Item No. 4 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (22) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein: (a) By motion, approve a Negative Declaration for the project. (b) By resolution, approve Reclassification No. 2006 00187. (c) By resolution, approve Conditional Use Permit No. 2006 05150. (d) By motion, approve Tentative Tract Map No. 17081. Page 8