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PC 80-23~'~~~~: RESOLUTION N0. PC80-23 A RESOLUTION OF THE NMAHEIM CITY PLANNING COMh11SSI0N THAT PETITIO~d r=OR RECLASSIFICATION N0. 79-80-?_4 BE GRArJTED. WHEREAS, the Anahein City Planning Commission did receive a verified petltion for P,eclassification from LANA CORPORATIOPJ, 2614 East Washington, Escondjdo, California 92027, owner, and INVESTORS DEVELOPMENT CORPORATIOh! OF Okl1NGE COUNTY, 134, North Grand Avenue, Santa Ana, California 92701, agent, of certatn real property situated in the City of Anaheim, County of Orange, State ef California, described as follows: PARCEL 1: That porr.ion of Lot 40 of Anahetm Extension, as shown on a Map of Survey by William Hamel, December 1863, filed tn the office of the County Recorder of Los Angeles County, California, a copy of which is shown tn book 3, page 163, and following, entitled "Los Angeles County Maps", in the office of the County Recorder of Orange County, California, described as follows: Be9lnning at the Southeast corner of the land descrited in deed to the Anaheim School Dfstrict of Orange County, recorded January 2h, ~95o in book 1957, page 518, Official Records, beina a potnt on the Southerly line of the land described in deed to Erwin H. W, Ke~sten, and wife, recorded June 4, 194f3 in book 1647, page 173, Official Records, South 74° 41' ~+0" West 3S5•09 feet measured along said ]ine and its Easteriy prolongation from the monumented center line of Palm Avenue; thence North 15° 21' 00" 4Jest 215.20 feet parallel with the center line of North Citron Street along the Easterly line of said land described in deed to the Anaheim School ~istrict of Orange County to the Northeast corner thereof and the true point of beginntng; thence South 82° 35' 40" lJest t00.OQ feet along the Northerly line thereof; thence Nortf~ 15° 21' 00" ;dest t~ the center line of West La Palma Avenue, as shown on said map of Anaheim Extension; thence Plorth 89° 39' S0" East along said center line to the Northerly prolongation of the said Easterly llne; thence South 15° 21' pp'~ West 108.42 feet along said prolongation and Easterly line to the true point of beginning; and PARCEL 2: That portion ~f Lot 40 of Anaheim Extension, as shoHrn o~ a Map of Survey by Wi113am Hamel, December 1868, filed in the office of the County Recorder of Los Angeles County, California, a ~~PY of which is shQwn in book 3, page 163 and following, entitled "Los Angeles County Maps", in the o`fice of the County Recorder of Orange County~ Calif~rnia, described as follows: Beginning at the Southeast corner of the land described in deed to the Anahetm School Dlstrict of Orange County, recorded January 24, 1950, tn book ~~57~ page 518 of Official Records being a point on the Southerly itne of the land described in deed to Erwin H. W Kersten~ and wife, recorded June 4~ 19G$ in book 1647, page 173 of Official Records, South 74° G1~ 4p~~ West 3S5,Og feet measured along sald line and its Easterly prolongation from the monumented ~enter line of Falm Avenue; thence North 15° 2S' 00" West 215.20 feet parallel t,tth the centerline of North Cttron Street along the PC9~•~23 Easterly line of said land described in deed to the Anaheim School District of Orange County to the t~ortheast corner thereof; thence South 82~ 35' 40" West 200.00 feet to the true point of beginning; thence PJorth 15° 21' 00" West to the center lir.e of West La Paima Avenue as shown on said map of Anaheim Extension; thence South 89° 39' S0" West along said center line to the Northerly prol~ngatTon of the Weaterly line of said Anaheim School District land; thence South 15° 21' 00" East 160.01 feet to the Northwest corner thereof; thence North 82° 35' 40" East 148.14 feet to the true point of beginning; and PARCEL 3: That portion of Lot 40 of Anaheim Extension, as shown on a Map of Survey by lJilliam Hamel, December ?8G8, filed in the oFfice of the County Recorder of Los Angeles County, California, a copy of which is shoo-m in book 3, page 163 and following, entitled "Los Angeles County Maps", in the office of the County Recorder of Orange County, described as follows: Beginning at the Southeast corner of the land described in deed to the Anaheim School District of Orange County, recorded January 24, 1950 in book 1957, page 51~ of Official Records of said Orange County, being a point in the Southerly line of the land described in deed te Er~~in H. W. Kersten, and wife, recorded June 4, 194$ in book 1647, page 173 of said Official Records, distant South 74° 41' 40" West 355.09 feet measured along said line and its Easterly prolongation from the monumented centerline of Palm Avenue; thence North 15° 21' 00" 41est 215.20 feet, parallel with the centerline of North Citron Street, along the Easterly line of said land described in deed to the Anaheim School District of Orarge County to the tdortheast corner thereof; thence South 82° 35' 40" West 100.00 feet along the Northerly line of said last mentioned iand to the True Point of Beginning; thence continuing along said Northerly line South Q2° 35' ~t0" !~!est tOQ.00 `eet; thertce :artn i;° 27' DO" WesC eo tne centerline of West La Palma Avenue as shown on sald Map of Anaheim Extension; thence North 89° 39~ 50" East along satd centerline to a line that bears North 15° 21' 00" West from the True Point of Reginning; thence along said iine South 15° 21' 00" East to the true point of beginning. blHEREAS, the City Planning Commission did hold a public heartng at the City Hali in the City of Anaheim on January 28~ ]980~ 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 r.he Anaheim Municipai Code, Chapter 18.03, to hear and consider evidence for and agaEnst said proposed reclassification and to investigate and make findings and reco~~mendations in connection therewith; and WHEREAS, said Commission~ after due lnspection, investi9ation 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 foilowing facts: 1. That the petitioner proooses reclassification of subject property from the CL (Commercial, Limited) Zone to the Rh-S200 (Residential, t1ultiole-Family) 7.one to construct three 4-plexes. -2- PCaO-23 Z• That the Anaheim General Plan designates subject property for genera) commercial uses. 3. That the proposed reclassification of subject property ts necessary and/or desirable fo~ the orderly and proper development of the community. 4• That the proposed reclassification of subject property does pro erl reiate 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 communtty. 5• That the proposed reclassiftcation of subject property requires the dedication and improvement or abut:ing streets in accordance with the Ctrcutation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 6• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FIPJDIFIG: That the Anahetm City Planning Commisston has reviewed the proposal to reclassi y an Irregularly-shaped par~>1 of land consisting of approximately 0.6 acre having a frontage of 355 feet on the sauth side of la Palma Avenue, having a maximum depth of approximateiy 107 feet and being located epproximately 365 feet ~aest of the centerline of Harbor Boulevard fram the CL (COMMERCIAL, LIMITED) ZONE to the RM-1200 (RESIDE~1T1,4L, MULTIPLE-FAMILY) ZOP~E and does hereby approve the Negattve Declaration fro:~ the requirement to prepare an environmentai impact report on the basis that there wouid be no signiftcant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the Petitioner indicates no sigr,ificant t~divTdual or cumulattve adverse environmentai impacts; and that the Negative Declaration substantiating the foregofng findings is on ftle in the City of Anaheim Planning Department. N04l, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 18-Zoniny of the Anaheim Municipal Code be amended to exclude the above-described property from the CL (CQMFIERCIAL, L1141TED) ZONE and to incorporate said described property i~to the RM-1200 (RESIDENTIAL~ MULTIPLE-FAMILY) ZONE upon the following conditions Which are hereby found to be a r~ecessary prerequisite to tne proposed use of subject property in order to preserve the safety and general welfare of the Cttizens of the City of Anaheim: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along La Palma Avenue for street widenin9 purposes. 2. That al) engineering requirements of the City of Ananeim along La Palma Avenue including preparation of improvement plans and installation of ail improvements such as curbs and 9utters, sidewalks, street grading and pavtng, dratnage fa~ilities or other appurtenant work, shall be complied with as required by -3- PcBO-23 the City Engineer and in accordance with standard plans and specifications on fiie 1n the Office of the Clty Engineer;or that a bond, certificate of depos(t, letter of credtt, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted wlth the City to guarantee the installation of the above-mentioned requirements, a fee, in3an amount asedetermined~by5theeCityrCouncYlshfor street lhghting ~alonghei_a Palma Avenue. a fee, in4an amount asedetermined~byStheeCityrCounc~~shaforPatree the City of Anahefm along La Palma Avenue. Pianting purposes 5. That trash storage areas shall be provided in accordance with anproved plans on file t•rith the Office of the Executive Director of Public Works. b• That subject property shall be served by underground utilities. 7. That drainaye of subject property shall be dtsposed of in a manner satisfactory to the City Engineer. 8. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recrcation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the buildfng permit is issued. assessment~feeT(Ordinance~Noer3396)~in anyamountPasPdetermined byythee CityflCouncil, for each new dwell;ng unit prior to the issuance of a building permit, 1~. That the owner(s) of s~5ject property shall submtt a letter requestinq the termination of Conditional Use Permit ^!o. 1g7~ to tfie Planning Department for Pianning Commission action. 11. That a 6-foot high masonry wa11 shall be constructed along the south and west property lines. 12. That subject property shall be developed substantially in accordar.ce with plans and specifications on file with the City of Anahetm marked Exhibtt Nos. 1 through 3. ~3. Prior to the introduction of an ordinance rezoning subiect property, Condition Nos. 1, 2, 3, 4 and 10, above-mentioned, shall be ccmpleted. T~n prov(sions or rights granted by this resolution shall become nu;l and void by action of the Planning Commission unless said conditions are comptted with withln on= y~ar from the date hereof, or such further time as the Planning Commissior. may gra~} 14. That Condition tJos. 5, 6, 7, 11 and 12, above-mentioned, s;~all be complied with prior to final buflding and zoning (rtspections. BE IT FURTHER RESOLVED that the Anaheim Clty PTanning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with eac'i and all of the conditions 5ersinabove set forth. -~~- PC80-23 ~'` , ,f ' Should any such condttion, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdictton, then this Resolution, and any approvals herein contairted, shal) be deemed nu11 and void. THE FOREGOING RESOLUTIOPJ is signed and approved by me this 28th day of January, 1980. ~ . -~ 7 / ~r ~l~~- . G = /~ ~,~ CHA I RhiAtJ, A~~AHE I M C I TY PLANN I PIG C014P1 I55 I ON ATTEST: ~~~ `~~ ~ ~ SECRETARY, qNAHEtM CITY LANNING CONMISSIOM STATE OF CA.LIFORNIA ) COUNTY OF ORqtdG[ ) ss. CITY OF ANAHEIM ) ~, Edith l. Harris. Secretary of the Anaheim City Planning Commission, do here~y certtfy that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ctty Planning Commission held on January 28, iS90, by the following vote of tne members thereof: AYES: COMMISSIONERS: BARNES, OAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIOPlERS: NONE ABSENT: COMMISSIOPJERS: BUSHORE ~N WITNESS WHEREOF, ( have hereunto set my hand this ?8th day of January, t9ao. ~~ ~° ~- . SECRETARf, ANAHEIM CITY PLA!~7NING COMMISSION -5- PC8~-23