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PC 77-76RE50LUTION NU. PC77-76 r RESOLU710N D~ TfiE ANAN[IH CITY PLANNING COMHISSIOH RECOMMENUiNG TO TNE CITY COUNGIL OF THE CITY Of AN..~,:IM THAT PETITION FCR RECLASSIFICATION N0. 7G-77-4'L DE AP??,OVED WIiEREAS, the Anahelm Clty Planning Cortmission dici receive a verified Petition for Reclassiflcatlon from Mit~l-SY,UOLS LTD., ;~16 Somerset Place, uinnipeg, Manltoba, Canada (Owner) and IRVINE B. MARGOLESE, 5522 Southali 'ferrace, Irvine, Californla 32715 (Agent) of certafn rc~l property siCuated in the City of Anaheim, County o` Orange, State of Californfa, dcscribed as: PARCEL 1 AS SHUWN ON A PARCE~ MAP FILED IN BOOK 69 PAGES 47 6 4f3 OF PARCEL "tAPS IN TI1E OffICE OF THE COUNTY RECORDER OF SAID LOUI~TY. EX.~EF'TING THAT PORTION CF PARCEL 1 AS SHOb1N ON A MAP FILEU IN (IOOY. 69 PAGES 47 AI~U 4iS OF PARCEL `<:qPS IN TNE CFfICE OF THE LOUNTY RECORDER OF SAIU CODUTY, DESCRIBEu AS FOlLOWS: OEG1i~IJING AT THE NQRTHUCST CO~~iIER OF PARLEL : AS aNDWN 0~~ SAID MHP; THENCE NORTfi 0° 1G' 40" WEST 50.01 FEET; TN[NLE NORTH 89~ 38' 4~" EAST 14~.Q0 FLET TO tiARUIIIG AVENIlE; TNENCE SOU7ii 0° 16' 45" EAST 50.U1 FEET ALO~~G SAIU HARUIt~G AVENUE; THENCE SOUTH 890 'i8' 59" uEST 144.00 FCET TO 711: PO ~ti'T OF UEG I I~N I NG ; and WHERLAS, [hc CSty Planning Commisslon did hold a public hear(ng at [he City Hall (n [he City of Anahcim on March 2i;, ly7'J, at 1:30 p.m,, notlcc of said p~~blic hearing having been duly given as required by law and in accordance wi[h the provisions of the Anaheirn Munlcipal Code, Chap[er 1&.03, to hear and cons(der evidence for and agalnst said proFoseJ reclassification and to Investlgate and make f(ndlnys and recomr,ienda[ions In connection therewith; and WNEP,EAS, sald Commission, after due Inspection, investigation and study made by its~lf and in its behalf, and after due consldera[ion of all evidence and reperts offered at sald hearing, dues find and deterrnine the followfng facts: 1. That the petitioner proposes a reclassification of zoning on the above- descr(beJ property from [he RS-7200 (R[51UEHTI~L, SINGLE-FAMILY) 20~IE to the RM-4000 (HESIDEt1TiAL, MULTIPLE-FAHILY) ZO'~E. 2, Tha[ the Anahelm General Plan designates [tie subj~ct property for yeneral conmercial/me~Iwn density residen[ial land uses. 3. 7hat [he proposed reclasslficatlon of subJect property !s necessary and/or Jes(rable for the or~Jeriy and propcr developmenl of Che community. ~~. That ihe proposed reclassfflcatlon of subJect property does properly relate to [fie zones and the(r permit[ed uses locally es[abllshed in close proxfmity [o subJect property and [o the zones and thclr permitted uses ge~erally esCablished tlirou9hout tfie community. RESOLUTION N0. PC77-76 y. Tha[ the proposed re~lassification of subjec[ property requires the dedication and improvement of ~butting streets and all~ys in accordance wi:h the Circulation Element or the General Plan, due to the anCicipated increase in traffic which will be generated by the intensificatior, of land use. G. 7ha[ no one indlcated their presence at said public hearlny in opposit(an; and that no correspondence was received in oppositi~>n [o the subJect petltion. ENVIROI~nCUTnL INPACT FINGIUG: That tfzc Anaheim City Planning Commission has reviewed tlie proposal La reclassi y the zoning from thc RS••7200 Zone to ~he RM-~~000 Zone on approxima[ely 0.7 acres on the east sidc of Topanga Drivc a~Nroxima~~ly 177 fcet south of Lincoln Avenue, and does hereby recommend to [he Ci[v Louncil of the Ci[y of Anahefm [hat a Negative Oeclaration fr•:,m the requiremen[ [o r~epare an environmen[al impact report bc approved for saiJ proposal on tfie ~asls that there would be no signif(can[ indivfdual or cumulative adverse impact on tlie environment due to the approvat of thls Negative Ueclaratlon since Lhe Anaheim General Plan desiynaCes the subject properLy for land uses commensura[e w(th Che proposal, and Che Initial Study submltted by the petitioner indicates no significonc adverse environmen[al impact; and that thc Negative Declaration substantlating the foregoi~g findings is on f(le in the Office of [he Planning Uepartment at Clty Hall. NON, TNEREFORE, BE IT RESOLVEU Chat the Anahclm Ci[y Planning C~mmission does he reby recomme:~d to the C 1 ty Lounc 1 1 of the C i[y of Anahe i m tiia [ sub jec [ Petition for Reclassification be approved anJ, by so doing, that Tiile 18-2oning of the Anaheim Municfpal Code be ame:~ded to ~xclude tttie above-described property from Che RS-7200 (RESIUENTIAL, SINGLE-FAMILY) ZOIIE and to fncorpora[e said described proper[y in[o [he RM-40U0 (RESIUENTIAL, MULTIPLE-FAHILY) ZONE upon the following conditlon, which are hereby Found to be a necessary prerequis(te to the proposed use of su5ject property in order to preserve the safety and general welfare of the Cltlzens of Lhe City of Anahcim: l. Thet all englnecring requirement~ of the C1[y ~f Anaheim along Topanya Drlve and [hc ollcy, includiny pre~~aratlon of improvemen[ plans and installatlo~ of all improvements such as curbs and g~t[ers, sidewa!ks, street grading and paving, dralnage facilfties or other appurienanC work, sfiall be comFlled wi[h as required by Che Clty Eny(neer and in accordance with standord plans and speciflcations on file In the Off(ce of the City Enginecr; that s[reet lighting facllitfes along Topanga Drive shall be installed as require~ by the Dlrector of Public Utilltles and In accordance wi[h stanJard specificatlons on file in Ghe office of t.he Director of Public Utliltles; and/or that a bond, certificate uf deposit, le[ter of credlt, or cash, in an amount and fonn sat(sfactory to che City of Anaheim, shall be posted with the Cdty to guarantee [he Installatlon of thc above-mentioned requirements. 2. That [he own~r(s) cf subject property shall pay to the City af Anaheim the sum of sixty cen[s (60C) per fr~~~ foot along Topanga Drlve for tree planting purposes. 3. Thai trash s[orage areas shall be p~•ovided ln accordanc.e wi[h approved plans ur. F(le with the Offlce of the Director of Public Works. -2- R[S~1U710N N0. PC77-7G 4. That fire hydrants :.iall be Installed e,nd charged, as required and determfned to be necessary by the Chlef of the Ftre Depar[ment, prlor ,LO commencemenC of structural framing. 5. That subJect proper[y shall bc served by underground u~ilities. 6, Tnat drafnage of subj~ct property shall be disposed of in a manner satisfactory to the City E~gineer. 7. In the event that subjec[ property Is to be divided for the purpose of sale, l~ase or r nancing, a parcel map, to record [he approved division of subjr.ct property, shali be subrnitted to and approved by thc City of Anaheim and then be recorded fn th.. Offfce of the Orange County Recorder, 8. That the owner of subject propcrty shall pay to [he City of Araheim the approprlate park and recreation in-Ileu fees as determfned to be appropriate by thP Cfty Councll, sai~ fees to bc paid at ttic time the building permlt (s fssued. 9. That appropri~tc water assessment fecs, as de[crmined by [he D(rec[or of Public Utlli[ies, shall be paid to [he City of Anahelm prlor to [he (ssuance of a bulld(ng permi[. S0. That a reciprocal ea~ement agreemen[ between the owner(s) of Lot Nos. 2 and 3, provicling for access and circulation, shall be subrnitted to the C(ty Attorney's Offlce for ~•~vicw anJ approval; then be filed and recorded In ihe office of the Orange County Recorder at the time of parcel map rPCOrdation. 11. That the petlt(oner sha11 subrnit let.ters requesting the [erminatlon of Reclassiflcation No. 59-60-105 and Conditional Use Permft No. 151~. 12 Prlor to tlie i~troduc[lon of an ordlnance rezoning subject property, Condition Nos. 1, 2, 7 and 11, above-ment(oned, shall be completed. The prov(sions or r(ghts granted by Lhis resolution shall become nuli and void by actio~ of the City Council unless saiJ conditions are complleJ with wlthin one year fr•om [he date hereof, or such further time as the City Council may grant. 13. That Condi[ion Nos. 3, ~ ~nd G, above-mentioned, shall be compl(ed with prior to final building and zoniny inspections. TIIE FOREGOItJG RESOLU'fION is signed and approved 6y me this 2~'th day of March, 1y/J. U F~- I1 M N R E At~ANEIM CITY PLANNitlG COMMISSION ATTEST: C%p.7~c~e~c-aJ~ SECRETARY, ANAHEIH CITY PLANNING COMHISSION -3- RE50LUTION N0, PC77-76 S7ATE OF GALiFORNIA ) COUI~TY OF ORANGE ) ss. C17Y OF AtlAHEIM ) I, Patrlcia B. Scanlan, Secre[ary of the Anahcim Gity Planning Commission, do hereby certify that tl~e foreyoing resolution was passed and adopted at a meeting of the Anahcim City Planniny Coimiission held on Narch 28, 1977, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: DAR~~ES, DAVIU, HERBST, KING, MORLEY, TOLAR NOES: CQ11Ml'SSIOtlERS: NONI ABSEt~T: C011M15510NER5: JOHt~S01J 1977. It! W17t1ESS WHEREt~F, I have hereun[o set my hand this 2o~h day of March, ~ ~ ~ SECRETARY, AI~AHEIM CITY PLAf~NING COMMISSION -4- RE50LUTi0N N0. PC77-76