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PC 77-176RESOLUTI0~1 N0. PC77-17E~ A RESOLUTION OF THE AHAIIEIM CITY PLANtJING COMMISSIOIJ TtiAT PETITION fOR RELLf~SSIFICATION t10. 77-7~-13 BE GRAN7ED, IN PART WfiEREAS, the Analieim City Planniny Commission did receive a verified Petition for Reclassification from JAi1ES D. Al~D LOUEnL A. HORTOIJ, 837 East Almond, Orange, Cal ifornia 3?~67, o+~+ners, and tiUGfi F. VAt1ASEK, 14~i21 East 17[h Street, Santa Ana, California 92701, ayent, of certain rea! propcrty situated in Che City of Anaheim, Cnunty of Qran,e, State of California, described as: Beginning at the Northeast corner of Cha[ cerkain tract of land ~escribed as Parcel 1 in deed to the State of Califcrnia, recorded Marcli 19, 1963 in book ti5~E6, page 192, Official Records of said Grange County; tnence along the Nortt~erly boundary of said Parcel 1, So~th 34° 39' 3k" tJortfi, 57.k1 fect to the beginning of a [angent curve concave Souttierly having a radius of 3~O.OQ feet; thence Westerly alony said curvr_, through an angle of 27° ~+9' ~<<~~ an arc dis[ance of 1G9.93 feet; thence South 56° 5~' 3~" North a distance of 4.•s5 feet to the beginning of a tangent curve concave ~~ortheasterly haviny a radius of 90.00 feet; thence Plorthwesterly along said curve Lhrough an angle of 83~ 35' 28~~~ an arc distance of i3~.3~ fcet; tfience tJorth 39° 3~~' G'L" t~ortli, 53.~5 feet alang the said linc of ~aid Parcel 1, and i[s tJorthwesYerly prolongation, to a non-tangent curvc, c~ncave Nor[heasterly, having a radius of 1735~~~~ fe.e2; thence ~lortnwesterly along said curve, from a CangenL beariny tlorth 2u° 46' 10" West, through an an~le of 1° 43' 39", an arc distar~ce of 52.31 feet; thence North 2,5 42' 1~t" East, 1u,90 feet ta [he Souttnacsterly corner of that certain tract of land dzscribed as Parcel 2 in said deed to the S[ate of California; thence con[inuing along the Southerly line of said Parcel 2, I~orth 25° 42' 14" East a.50 feet to a line parallel with and dis[ant Southerly 30.00 faet, r~easured at right angles, fr~m the Uortherly line of said Percel 2; thence along said parallel line t~orth 7o'O OB' 09" East, ;2~.6G fcet to the beginning of a[angent curve concave Sou[herly, having a radius of 170.00 feet; [hence Easterly along said curvc, 2hrflugh an angle of 3° 10' 36", an arc distance of 9.43 feet to [he Easterly line of that certain tract of land described as ?~rc~:l 1 in deed to E. Lee Schultz, et. al., recorded September 6, 19G2 in book 6240 page 84, Official Records of said Oranye County; thence South 22b 39' 53" East, along the Easterly line of said land of Schultz, to the poi~t of beginnino; and WHEREAS, the City Planning Commi;sion aCd,h3udPan'pubnoticeaofn9saidthpublic Nall in the City of Anaheim on August 15, 977, hearing having been duly given as required by la~~ and in accordance with the provisions of the Anaheim 1lunicipal Lode, Chapter 13.03, to hear and consider evidence for and ayainst said proposed reclassification and to investigate and make findings and recomrnendations in connection therewith; and PC77-176 WHEREAS, said Commission, after due inspection, investiigation and study made by itself and in its behalf, and after due consideration of all evid~nce and reports offered at said hearing, does find and determine [he following tiacts: 1. That the petitioner proposes reclassiflca[ion ef smbject pr~perty from Che RS-A-43,000(SC) (RESIUE!:TIAL/AGRICULTURt\L-SCEt11C CORP,IDOR OVERLAw) ZQriE to the CL(SC) (C~JMMERLIAL, LIMITED-SCENIC CORRIDOR OVERLAY) ZOtdE on Parcei t~o. ~ as shown on Exhibit No. 2; and RS-A-43,000{SC) (RESIDENTI~L/AGRICULTURAL-SCENIC CORRIDOR OVERLAY) ZOI~E to the RS-7200(SC) (RESIDENTIAL, SIf~GLE-fAMiLY-SCEtIIC CORRIUOR OVERLAY) ZOt~E for Parcel Nos. 2, 3 and !i as stiown on Exhibit IJo. 2. 2. That the Anaheim General Plan designates subject property for general commercial and low-density residential land uses. 3, That the above-mentioned reclassification request for the CL(SC) (Commercial, Limited-Scenic Corridor Overlay) Zone for Parcel No. 1, as shown on Fxhibi[ No. 2, is hereby denied on the basis that said use would not be compatible withthe surrounding IanJ uses; and that portion is approved for reclassification to RS-7200(~C) (Residen[ial, Sinyle-Family-Scenic Corridor Overlay) Zone commensurate wi th nearby lan~f uses. 4. That [he above-rnentianed reclassification request for RS-7200(SC) (Residential, Single-Family-Scenic Corridor Overlay) Zone for Parcel Nos. 2, 3 and 1~, as shown on Exhibi[ No. 2, is hereby approved. 5. That [he proposeJ reclassification of subject property is necessary and/or desirable for the ordcrly anJ proper development of the community. 6. That the proposed reclassification of subject proper[y does properly relate to the zones and Yheir permi[Ced uses locally established in close proximity to subject pruperty and to the zones anci tfwir perrnitted uses 9enerally established throughou[ the community. 7. That tne proposed reclassification uf subject proper[y requires ihe dedication and improvement of abutting streets in accordance: wi[h the Circulation Element of the Anaheim General Plan, due [o [hc an[icipated increase in traffic which will be yenerated by the intensification of land use. 8. ThaC three people indicated iheir presence at said public hearing in oppositfon; and tha[ no correspondence was reccived in opposi[ion [o subject petition. ENVIRONMEhITAL IMPACT FINDII~G: That thc Anaheim Gity Planning Commission has reviewed the subject proposa to reclassify the zoning from the R5-A-43,000(SC) (Resideri[fal/Agricultural-Scenic Corridor Overla~y) Zone Lo the CL(SC) (Commercial, Limited-Scenic Corridor Overlay) 2one on Portion "'A" (Parcel No. 1 as shown on Exhibit t~o. 2) and from RS-A-43,000(SC) (Residential/Agricultural-Scenic Corridor Overlay) 7.one [o RS-7200(SC) (Residen[ial, Single-Family-Sr_enic Corridor Overlay) Zone on Portion "B" (Parcel Nos. 2, 3 and 4 as shown on Exhibit tlo. 2), Portlon "A" consisting of approxima[ely 0.5 acre located at [he southeast corner of McKinnon Drive and Lakevieri Avenue, having a frontage of approximately 147 feet on Lhe south side of McY,innon Drive and a n~aximum Jepth of appruximately 143 feet, and Portlon "B" consisting of approxima[ely 0.7 acre having a frontages of approximately 210 feet on the south side of McY.innon Crive, having a maximum depth of approximately 148 feet, and being located approximately 219 feet east of the cen[erline of Lakeview Avenue, -z- PC77-17G a~d does hereby approvc [he t~egative Declaration from the requirenent to prepare an en•.~ironne~tal impact report on the basis [hat there would be no signi`icant individual or cumulative adverse environmental impact due to the approval of this IJegaiive Deciaration since the Anaheim General Plan designates the subject property for gerreral commercial land uses commensurate with the proposal; that no sensitive envirnnmental impacts are involved in the proposal; that the Initial Study submitted by ihe peti[ioner indicates no significant individual or cumuiative adverse envlronmental impaccs; and that the t~ega[ive Declaration substantiating the foregoing findinys is on file in the City of Anaheim Planning Department. AOW, TNEREFOR[, BE IT RFSOLVED that the Anaheim City Planning Commission does h~reby grant subject Petition for Reclassification and, by so doing, [fiat Title 1£3-Zoniny of ~the Anaheim Municipal Code be amended to exclude the above-described property f'rom the RS-A-43,000(SL) (RESIDEIlTIAL/AGRICULTURAL-SCEt11C CORP,IDOR OVERLAY) ZOFIE and to incorporate said Jescribed properly into the RS-7200(SC) (RLSIDENTIAL, SIIJGLE-FAMILY-SCEtJiC COF~AIQOR 9VERLJIY) ZONE upon the f~llowing conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve che safety anJ general welfare of the Litize~s of the City of Anaheim: l. That tfie owner(s) af subject propercy shall deed to the City of Anaheim a strip of land thirty-two (3~) feet in width from thc cen[erline of the street along 11cl:innon Drive for street widening purposes. 2. That all enyineeriny rcquirements of the City of Anaheim along Mc'l.innon Drive, incluJing preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavis~~3, drainage facilities or other appurtc~ant work, shall be complied with as required by the City Engineer and in accorJance with standard plans and speciflcations on file in the Office of the City Enyineer; tliat street lighting facilities alony McKinnon Drive shali be insta~led as required by [lie Director af Public Utili[ies, and in accordance with standard specifications on file in the Office of tlie Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posCed with the City to guarantec~ ttie installation of the above-mentioned requirements. 3. That thc owner(s) of subjec[ property shall pay to the City of Anaheim the sum of sixty cents (60C) µer front foot alon~ McKinnon Drive ~or tree planting purposes. 4. That trash storage areas shali be provided in accordance with approved plans on file with the Office of the Uirector of Public Norks. 5, That fire hydrants shall be ins[alled and charged, as required and determineJ to be necessary by the Chief of [iie Fire Department, prior to commencement of structural framing. G. That subjer.t property shall be served by underground utilities. 7. That draina9e of subject property shall be disposed of in a manner satisfactory to the City Enyineer. 8. In the event tf~at subject property is to be divided for the purposc of sale, lease or financing, a parcel map, to recorJ the approved division of subject propcrty, shall bc submitted to and approved by tlic City of Anaheim and then be rec:orded in the Office of the Orange County Record~r. -3- PC77-176 9. 'ihat the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropria[e by the Lity Council, said fees to be paid at the Lime the building permit is issued. 10. That appropriate water assessment fees, as determi~ed by the Director of Public Utilittes, shall be paid :o the City of Anaheirn prior to the issuance of a buiiding permi[. 11. Prior to tlie lntroduction of an ordinance rezoning subject property, ~~ndition Nos. 1, 2 ard 3, ~bove men[ioned~ shall be completed, The provisions ar rhyhts granted by this resolution shalt becor~~ null and void by action of the Planning Commission unless said condltions are complied with within one year from the da'te hereof, or such further time as the Planning Commission may grant. 12. That Condition Nos. 4, 6 and 7, a6~ve mentioned, shall be complied with prior [o final bulldino and zoning insp~ctians. THE FOREGOING RESOLUTIOtJ is signed and approved by me this 15th day of August, 1977. ~ ~~ CHAi Ati, At~A1~.IM CITY PL lININ CG OMMISSIOtJ ATTEST: ~~, ~ ~.~ SECRETARY, ANAHEIM CITY PLANNIIJG COMMISSIOtd STATE 0 F CAL I FOitt~ I A) COUNTY Of ORAtIGE ) ss. C11Y OF AN NiEIM ) I, Edith L. Harris, Secrctary of ihc Anaheim City Planning Cammiss3on~ da hereby cereiGy that the foregoing resolution was passed and adopted at a meetdng of the Anaheim City Planning Commission held on August 15, 1977, at 1:30 p;m., t1y the following vote of [he membcrs thereof: AYES: COMNISSIONERS: EiAR~JES, NERBST, KING, LI°Ntl, TOLAR t~OES: COMMISSIOIIERS: DAVID, JONNSON AD5Ei~?: GOMMISSIONERS: NOI~E II~ NITNESS Wt1ERE0F, I have hereuneo set my fiarid this 15th day of August, 1977. SECRET!•.RY; ~AtiEIM LITY~~MMISSION -y- PC77-176