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PC 85-127,-. RESOLUTION N0. PC85-127 A RESOLUTION OF THL•' ANAHEIM CITY PLANNZNG COMPIISSION THAT PETITION FOR RECLASSZFICATION N0. 84-85-17 BE GRANTED WHEREAS, the Anaheiai City Planning Commission did receive a verified petition for Reclassification from WILLIAPI RICHARD DAMATTRE, ET AL., 24651 Seth Circle, Dana Yoint, CA 92629, owner of certain ~eal property situated in the City of Anaheim, County of Orange, State of California, described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THG NORTHWEST QUARTER OF SECTION 24~ TOWNSHIP 4 SOUTH~ RANGE 11 WES:, IN THE RANCHO LOS COYOTES, CITY OF ANAH2,I[•1~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOUK 51, PAGE 11 OF MISCCLLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1., TRACT N0. 3015, RECORDED IN BOOK 90, PF.GES 26 AND 27 OF MISCELLANEOUS t1APS~ SAID CORNER ALSO BEING ON THE WEST LINE OF FERN STREET 40 FEET WI~E AS SHOWN ON SASD TRACT MAP: THENCE NORTH 0° 11' il" EAS'r 141.35 FEET ALONG SAID WEST LINE TO THE BEGINNING OF A CURVE, CONCAVE TU Tt1E SOUTHWEST AND HAVING A RADIUS OF 13 FEET; THE[4CE NORTHERLY AND WESTERLY 20.47 FEET ALONG SAID CURVE THROUGH A CtNTRAL ANGLE OF 90° 11' 56"; THENCE SOUTH fiy° 59' 15" WEST 4fi.25 PEET; TliENCE SOUTH 0° 11' 11" WEST 155.U0 FEET PARALLEL WITH SAID WEST LINE OF FE°N STREET TO THE NnRTH LINB OF SAID LOT 1; THENCE NORTH 69° 59' 15" EAST 61.33 FRET TO THE POINT OF BEGINNING. WIiEREAS, L-he City Planning Commission did hold a public hearing at the Civic Centec in the City of Anaheim on May 13, 1965 at 1:30 p.m., notice oE s;:id public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim hlunicipal Code. Chapter 18.03, to hear and consider evidence f.or and against said pro~osed reclassification und tc im~ectigake and n~}:e Pir.din~~ and recommendations in connection therewith; 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 repocts offered at said hearing, does find and determine the followiny facts: 1. That the petitioner proposes reclaseiEir,ation of subject ptopert.y Prom the RS-A-43,000 (Residential,Agricultural) Zor,e to the RM-1200 (Residential, hiultiple-Family) or a less intense zone. 2. That the Anaheim General Plan designates subject property for low-medium density residential land uses and designates nearby properties to the northeast across Bal.l Road and to the east across Fern Avenue for medium-density residential land uses. ~G526r PC85-127 ';;t r - ~1 , u ... .. _ . _ . . .. . . _. ~ wv .-.,. _ . . , . ._. . _. . . . . . . , : ~--. ~,,.. 3. That the proposed reclassification of subjece propert,y is necessary and/or desirable fur the orderly and proper development of the community. 4. That the pcoposed reclassification of subject property does properly relate to the zones and their permitted uses local.ly established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5• That the proposed reclassification of subject property reyuires the dedication of. abutting streets in acco:dance with the Circulation Element of the General Plan, due to the anl-icipated increase in traffic wl;ich will be generated by the intensification of land use. 6. That tt~ree persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONhILNTAL IMPACT FiNDING: That the Anaheim City Planning Commissica has reviewed the proposal to recla~~ify subject property from the kS-A-43,000 (Residential,AgriculLUra1) 'Lone to the Rh1-1200 (Residential, Multiple-Famiiy) or a less intense zone to retain single-f.amily residence with waivers of minimum number and teCen of detached spaces, minimum building site acea, minimum floor area, minimum sideyard setback, and minimum rear yard setback on a rectangularly-shaped parcel of land consisting ~t approximately 9,332 square feeC located at the southwest corner of. Ball Road and Fern Avenue and further described as 2902 West Ball Road; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration togethec with any comments received during the publ.ic review process and further finding on the basis of the iniL-ia? study and any comments receiveo that there i.s no substantial evidence that the project will have a significant effect on the environment. NOW, THERE:FORE, BE JT RESOLVED that the Anaheim City Planning Commission does hereh~! grant subject Petition for Reciassification and, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be amended to exclude the above-descrihed groperty from the RS-A-43,000 (Residential,Agricultural) 2one and to incorporate sa:d described pcoperty into t1~e RM-1200 (Residential, Multiple-Family) or a less intense zone upon the tollowing conditions which are hereby found to be a necessary prerequisite to the proposed use of subject prope:ty in order !o preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Ar,aheim a stri_r, of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2. That the vehicular access rights to Ball Road except at approved access points, shall be dedicated to t!:a rity of Anaheim. 3. That prior to the introduction ~~f an ordinance reioning subject property, Condition Nos. 1 and 2, abo•~e-mentioned, shall be completed. The provisir,ns or rights granted by this resolution shall beaome null an~ void by action of the Planning Commission unless said conditions are complied with within one year fron the date of this resolution, or such further time as the Planning Commission may grant. -Z PC85-127 ... . _. ... . ... . ___. . . ... . . . . .., ~ . . . . . . . . . . .. _ . . . .. . . . ..... : .. ... . . ..~ ... :~, ~.. •~p~ q ~,. BE ZT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and dNtermine 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 condition, oc any part thereof, be declared invalid or unenforceable by the finsl judgment of any court of competent jurisdiction, then thi~ Resoluti~:~, and any approvals herein „ contained, shall be deemed null ~nd void. THE FOREGOING RESOLUTION is ,igned and approved by me this 13th day of May, 1985. -/ -" ~_~' :.-G' : f' ' % ~CHAiR 1AN~ ANAHEb ITY PLANNING COF1ttISSION ATTEST: ~ ~_ ~ .° ~~ SECRETARY, ANAHEI6I C7TY PLAt.NING COMPIISSIOtJ :f STAT~ OF CALZFORNIP. ) ~ COUP+TY OF URANGE ) ss. ~ CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning : Commission, do hereby cettify that the foregoing resolution was passed and ' adopL-ed at a meal•ing of lhe Anaheim City Planiiiny Commission held on Flay 13, 1985, by the follawing vote of the members thereof: AYES: COMMiSSIONERS: ROUAS, BUSHOP.£, FRY, HERBST, KING, MC FsURNEY NOES: COMMISSIONEkS: NONE ABSENT: COM[9IS.°,IOIJERS: LA CLAIRE IN WITNESS Wi{EREOF, I Have heeeunto set my hand this 13th day of b:ay, 1585. ~I " ~ .A r r~ ~ ~~,_,,~., . ~~ SECFtETARY, ANAfIGIM CIi'Y PLnNNING COMMISSION -3- PC85-127 :~ `;i :,~ ~