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PC 77-139RESOLUTIOPI t70. PL77-139 A RESOLUTIbt~ OF 7NE AWAFIEIH CITY PLAhI'lIMG COMMISSIOt~ RECOMt1Ei~DitlG TO TtiE CITY COUt~CI~ OF THE C17Y OF AI~AfiEIM 7HAT PETiTION FOR RECLASSIFICATIOtJ N0. 76-77'~~ 4E APPROVED W{1CREAS, the Anaheim City Planning Commission did receive a verified Petition for Reclassification frc.x,i DAVID R. ROEIERDES AIID RICtIARD L. WAIY.ER, 9252 Garden Grove Boulevard, Garden Grovc, California, 926i~~. ~+ners, and JONN COWLES, 135E2 Beach Boulevard, tiuntington E3each, California 926~+8, agent, of certain real pt'operty situated in the City of Anaheim, County of Orange, State of California, described as: FARCEL 1: TtiAT PORTION OF LOT L• OF TNE J. D. TAYLOR TRAC7, AS PER F1AP RECORDEU IN DO~K 3G PAGES S~ TO 60 INCLUSIVE OF MISCELLANEGUS RELOP.DS, It! THE OFFIC[ OF THE CODUTY RECOR^ER OF LOS ANG[LES COUIITY, Ll1LIFORtlIA, DESCRICED AS E3EGfN1lIIlG AT THE IIlTERSECTIO~! OF 7HE WORTHERLY LINE OF RIVERDAL[ AVEWUE (fOR11LP,LY QATAV!A STREE7), 80.00 FEET 1JIUE, WITH THE CENTER LIIIF OF JEFFERSON STREL7, 100.00 FEET WIDE, AS SHO'~~N ON THE M.AP OF TRl1CT N0. 4G43, R[CJRDED itt (i00Y. 1~5 PNGES 35 TO 37 INCLUSIVE OF MISC[LLANEOUS MAPS, !N THE OFFICE OF THE COUIJTY RECORDER OF 5A10 COUIJTY; TI1Et1CE EASTf.RLY ALOtIG SAID RiVERDALE AVENUE, ALOt~G A CUP.VE COFlCAVE NORTHERLY HAVIi~G A RADIUS OF 1160.00 FEET THROUGN A CENTP.AL ANGL[ OF 3° ~k~ 39" AN ARC DlSTANCE OF 62.31 FEET TO T11E NORTHEAS7ERLY CORNER OF SAID TRACT NO. 46~:3, SAID CORilFR ALSO BEItJG ilfE MCST WES7ERLY CaZNER CF THE LAt~U DESCR16Eu 117 TNE DEEG TO TIIE SU1TC OF CALIFOP„~IA, RECURDED FEi~P.UAP,Y 28, 19G2 li~ ESOOF: d52fi PAGE 2EG OF OFFICIAL RECQ°DS; TNEtICE EASTERLY ALO,I~ 7HE NGRTkiERLY LINE AND ITS EASTERLY PROLONC~l+TI01! OF SAIu LAIlU ~~ ~o~F[ET7C1d~IDCCf`LASO~SHGW~O ONC AE'~1AP LIIIE OF JEFFE,.SOtI 57REET, RECORDEU IN EiUOi: 2`.', PAGE 2U OF RtCORD OF SURV~YS, II! TfiE OFFlCE Of THL COUtJ7Y P,Ei:ORL'[R Of SAIU COUtITY; THEIICE ALOtIG SAID CEt~TER LIh~E NOP,ifl 17° 00' 4~' WES7 TO A17 A~1GLE POI tiT TH[RE l tl At~D NOR7H 29~ 11' 1~' IJEST l~~u.:32 FEET TO TiIE ~70RTfi[RLY QIt~E~OFrs 1JESTOTO THE CEITER AL017G SAID UORTHERLY LltlE SOUTN 61 27 ~~ LIPIE OF JEFFERSON STREL'7, 1Q0.00 FE~T WIDE, AS DESCP,IBED IU THE DEEU TO TtlE CITY Of ANAtIEIM, RECOftUED APRIL 15, 1963 I~! BOOF: a572 1EGT I O~t~IEUOFCE JTER Ir{L I I~IECOTUS ~T fEE'JP01 ITUTOF~DEG I WtlIn~01lGE~CEPTLhNY PORTI011 OF SAID LOT NOT I~ICLUOEJ bIITHIN THE RANCNO SANTIAGO DE SANTA AilA. MAPCRECORUEU~iIN 800T~ONPAGE~~165 OF 7MISCELLAt1E0U5o?!~1APSCT~INS Ttl[ OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS EiEGINIJIt7G A7 F FOINT I11 THE WESiERLY LINE OF SAID LOT, SI1iU POItlT BEIIiG DISTAt1T ALOt~G SAIU WESTERLY L{NE SOUTIIERLY 38.57 FEET FROF1 'fHE NORTtiL'RLY TERI11NU5 OF THAT CEIiTr11t~ COURSE HAVING A LEt~GTN OF ~]~5,q3 FEET 01~ THE MAP OF TRAC7 ND. 4643, ~ECORDED It~ BOOK 195 PAGES 35, 36 AND 37 OF MISCELLAIIEOUS MAPS, IN SAID OFFILE, SAID POIt1T A~SO BEING T{iE 41ESTERLY TERMINUS OF THAT C[RT~IN COURSE NAV11lG THE I3EARlIdG OF NCRTtI 73° 29' 33" EAST IN PARCEL 2 OF THE PC77-t 39 STATE N I GHIJAY REL I NQU I SFIMENT t~0. 637, RECORDED I N f300h: $9~~3 ~~~GES 261 ANU 2b2 OF OFFICIAL RECORDS IN SAID OFFICE; TNENCE ALO~IG 7HE FIORTtiERLY LINE OF SAID PAFtCEL 2, t~ORTH 7;° 29~ 33" EAST, 1105.90 FEET; TIiEtJCE LEAVIMG SAID IJOf?THERLY LIt~E I~ORTf1 43° 59' 29" 4JEST, 10.8G FEET; 1'NENCE NORTIi 4G° 5$' 05" ~aEST, 255•~8 FEET TO TfiE NORTt1ERLY L11JE OF SAID LOT; TfiENCE WEST[RLY, SOUTtiWESTERLY AND SOUTH[ftLY EXCEPT At1Y PORTIONeOfSSAID LOTINOTL~ICLUDEDTIlITHO'I+NTTOE DEGItlt~lUG; Rl1NCHp SANTIAGO DE SA;lTA ANA; and WII[REAS, thc City Planning Commission did scliedule a public hearing a[ the City 11a11 in the City of Anafieim an June 20, 1977, at 1:30 p.m., notice oT said public heariny having been duly 9iven as required by law and in accordanc.e with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and makc findings and recommendations in connection tliereo~ith; said public hearing havinq been continued to the Plannina Commission meetiny o~ July G, 1377; anJ tiltiE.REAS, said Commission, after duc inspection, inves[iyation and study maJe by itself and in its behalf, and aftcr duc considcration of ali evidr_nce and reports orfered at said hearing, does find and determine the folla~riny facts: 1. Tha[ the peti[ioner proposes reclassification of subject property from tfie CL (COt"11ERCIAL, LIt11TED) ZOI~E to i.hc RI'-1200 (RESIDEtJTiAL, MULTIPL[-FAMILYj ZONE. 2. Tha[ [he Anaheira General Plan designates subject property for low- mr_dium density residential land use. 3, That the pctitioncr stipulated to dedication of a strip of land fifty- three (53) feet in width along Tustin Avenuc for strect wideniny purposes; ~and provide a level surface prior to exitiny in[o Tustin Avenue to improve visibili[y. 1~. That the petitioner stip~la[ed to com~.lying v~ith Council Policy 1Jo. 542 per:aining to saund attenuation in residential projects. 5. That the proposed reclassification of subject property is necessary and/or desirable for the orderly anJ proper developnent of the community. 6. Tliat the proaosed reclassification of subject property d~es properly relatc to tiie zones and their permittesi uses established in close proximity to subject property and Co the zones and tfieir permitted uses generally est~blished throughout the community. 7. That the p~oposed reclassification of subject property requires the dedication and improvemer.t of abutting streeCS in accordance witti the Circulation Element of the Ge~eral Plan, due to the anticipated increase in traffic which will .•e generated by thc intensification of land use. S. That no one indicated their presence at said public liearing in op~wsition; and that no correspondence was receivecl in opposition to subject petition. EIaVIROt~MCtI7AL IMPACT FIIIDII~G: That the Anaheim City Planning Commission has revleweJ the subject proposal to rec assify the zoning from CL (Commercial, Limited) to RM-1200 (Residential, MulCiple-Family) on approximately 2.~i acres of land located ..Z_ PC77-t39 at thc northeast corner c~f Kivcrdate Avenue and Tustin Avenue, and does hereby racomnend to the City Council of [he City of Anahein [hat a Ilegative Declaration from thc requirement to prepare an ~nviro~imental impact report be approved on thc basis that there would be no siynificant inJividual or c~mulative adverse ~_nvironmental iiapact due to tne approval of this lieyative Declaration since the Anahein General Plan desiynates the subject propcrty f~r larrnedium density residential land use commensurate with the proposal, an~ thc Initial StuJy subini[ted by thr apnlicant indicates no significant individual or r.umulative adverse environnental iripact; and [hat the Ileyative Declaration substantiatiny thc forcyoing findings is on file in the Gity of Anahcin Planninq DeparU;~en[. i101J, Tli[REFOitE, L'[ IT RESQL'JCU [h~t the Anahcir~ City Planniny Lommission does hereby recoru~~uJ to the City Council of the City of Anaheim [hat subjec[ Petition for Reclassification be approved and, by so Joing, tha[ Title 18-Zoning of the Anaheim hlunicipal Code be amended tu excluJe the at,uve-described proper[y from tlie CL (C01it1ERCiAL, LII~IITED) Z0:1[ anc: to incorporate saiJ described property into the RM-1200 (RESIDE~ITIAL, MULTIPLE-FAIIILY) ZOIIL upon Che folla:+ing conditions ~•rhich are hereby found to be a necess.iry prerequisite to thc ~~roposcd usc of subjeet property in order to prescrvc the safety and generai wclfarc of [hc Citizens of the City of Anaheim: 1. That [hc owncr(s) of subject propcr[y shall dced [o the City of Anaheim a strip of land fif*_y-[hree (5;) feet in width from thc centerline of the street along 7ustin Avcnue for s[rect t+iJening purposes; and shall provide a levc:l surface prior to c;ci[iny into Tustin ~~venuc to iriprovc vi,ibility. 2. Tfiat all enyinecriny rcquirements or the City of Anahcim along Tust(n Avenuc anJ Rivcrdale Avenuc, includin, prcparatian of improvemen[ plans and installation of all improvements s.,cli as curbs and gutters, sidewalLs, s[reet grading and paving, drainaye facili[ics or o[I~er appurtenant worl:, shall be complied with as required by the Cicy Ern;ineer and in accoruance wi[h standard plans and specifications on file in [he Office of the City Engineer; tha[ s[reet lightiny faeili[ie~ alony Tustin Avenue anJ Riverdalc Avenuc shall bc installed as required by [he Uirector of Public Ut~li[ics, and in accordance with s[andard specifieations on file in [he Office of the Uir~ctnr of Pui~lic U[ilities; andlor that a bond, certificate of deposit, Ie[[er of credit, or cash, in an amount anJ form satisfactory to the City of Anaheim shall bc posted witii thc City [o guaranCce the installaiion of the abovc-rnentioned requirements. 3, That lhe owner(s) of subject propcrty shail pay [o thc City of Anaheim the sum af sixty (GO) cents per front foot alon9 Tusti~ Avenuc and Rivcrdale Avenue for trce plantin~ purposcs. t~, Tlia[ trash storaye areas sliall be proviJed in accordance with approved plans on fi le with ttic Office of tf~c Uirector of Publ ic 1Jor4:s. 5, That fire hydrants shall be installed and charged, as rcquired and determineJ to be necessary by r_he Chief of the Fire Department, prior to commencenent of structural framing. G. That subject property shall be served by undcrground utilities. 7, Tliat dr~inage of subject propcrty shall be disposed of in a manner satisfaetory to [he City Enc~ineer. ii, That the Jevclopcr shall obtain a favorablc flood hazard lettcr, acceptable to the City of !'uialieim, from ttie Orange County rlood Con[rol District. -3- Pt77-1;9 9, That thc cx~iner(s) of subject property shall pay to the City of Anaheim the appropriat= park and recreation in-iieu fces as determineJ to be appropriate by the Ci[y Council, said fees to be paid at the time the building permit is issued. 10. That yrading, excava[ion, and all other construction activities shall be conducted i~ such a manner so as [o minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm ~.wat°.r originatiny from or flowing [hrouyh this project. il, Tl~at appropria[e water assessment fees, as determined by the ~ire~tor of Public Utllities, sliall be paid to the City of Anaheim prior to the issuance af . building permit. 12, That the vehicular access rights, except at approved access points to Tustin Avenue and Riverdalc Avcnue, sF,all be dcdicated ta the City of Anaheim. 13, That subiect praperty shall be developed substantially in accordance with plans and specifications on file with tfie City of Analieim marked Exhibit Plos. 1, 2 and 3. 1~~. That subject property shall be developed in accordance with Council Policy No. y42 pertaininy to sound a[[enua[ion in residential projects. 15. That tf~e a+ner(sl of subjecL propcrty sflall request, in written form, termination of Variance No. 27li7. 1G. Prior Co ttie introtiuc[ion of an ordinance rezoning subJect property, Condition tdos. 1, 2, 3, 3, 12 and 1;, above mcntioned, stiall be completed. The provisions or rights yran[ed by tliis resolution siiall becone null and void by action of the City Counctl unless said conditions are conplied with ~•rithin one year from the date hereof, or such further time as the Ci[y Council may grant. 17, Ttiat Condition tlos. 4, 6, 7, 13 and 1~+, above mentioned, shall be complied with prior to fin~i buildin9 and zonin~ inspections. TfiE FOREGOII~G RESOLUTi0t1 is siyned and appr~ved by me this 6[h day of July, 1977• TEMPORARY CHA !1N ANAHEIM CITY LAIINIFIG COMMISSION NTTEST: ~~ ~ ~a~ SECRETAR ~ At~AHE I M C I TY PLAIIN I 11G COMM I SS I Ot7 STATE OF CAL 1 FORiI I A) ~OUNTY OF OitANG[ ) ss. CITY OF ANNIEIM ) -y- PC77-139 I, Edith L. Harris, Secretary of tlie Anaheim City Planning Cammission, do hereby certify that the forcgoing resolution was passed and adopted at a mee[ing of the Anahelm City Planning Commission held on July 6, 1977, at 1:30 p,m., by the following vote of the mert~ers thereof: AYES: COMMISSION[RS: BARNES, DAVID, KING~ LIt~N, JOIiNSOtI NOES: COMMISSIOtdERS: PIOt~E i:35EtdT: COMMISSIOt~ERS: HER4ST, TOLAR IN WITIdE55 WHEREOF, I have hereunto set my hand this 6th day of July, 1977. `~~ ~°. ~.,~ ~ .iECRETARY, ANAHEIM CITY PLANNING COMMISSfON -5- PC77-139