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PC 78-188RESOLUTIOtI 110. ?C7II-1L'£3 A RESOLUT101! OF TIIE A~IAHE111 CtTY PLA!Jtll;IG COtUII5510N Tf1AT PETITIOII FOR RECLASStFICATION N0. 78-)9-4 BE GRANTEU WHEREAS, ihe Anaheim City Planning Commission did receive a verified pc[ition for Reclassification from t1AROLD HENRY, 3600 Nilshlre Boulevard, Suite 1114, Los Angeles, California 90010, owner, and RONDELL fiOMES~ INC. 977~ Nest Katella Avenue, Anaheim, Californii 92804, agent, of certain real propcrty situated in [he Gity of Anaheim, County of Orange, State of California, described as follows: 7hat portion of chc southwesc quarcer of the southwest quartcr of Section 8, Township 4 South, Range 10 Nest. in the Rancho San Cajon de Santa Ana, descrihed as follows: PARCEL 1 (For mul[iplc-residencc purposes) - Beginning a[ the southwest corncr of Lo[ i, Tract No. lbk2, as shown on map recorded in Book l~9, page 4~ Miscellaneous Maps, Records of Orange County, and running thence North, along the west line of said Tract I~o. 1642, 51t;.22 feet to the southeast corner of Lot a of Tract No. 2E7b, as sha+n on a nap recorded in Book 92, page 34. Miscellaneous Maps, Records of Orange County; [hence Nor[h 29~ 31' 00" West along the south linc of said Tract No, 2878~ 657.53 fxet to Lhc point whcrc thc souch line o` said Tract tlo, 2°73 intersects the eas[ line of Lot 56, Trac[ No. 1$51, as said [ract is shoHn on a map recorded in Book d0, page 41. Misceltaneous Maps~ Records of Orange Courtty; thence South 00~ iG' 39" East, along the east line of said Tract t1o. 1851~ 115.00 feet; thence South b9° 31' 00" East 2G4.19 feet; thence South 00° il' 09" East 302.13 feet; thence South 89° 32' S;" East 96.00 feet; thence Sou[h 131.93 feet [o a point that is 160.40 feet north of the northerly lin~ of Lincoln Avenue; thence South 89° 31' 00" East, parallel to and 1&0.00 fect n~rth of the ~ortherly line of Ltncoln Arenuc 2't~.~3 fce2; 2hcncc SouLh 2°~,00 Fcet La Lhc norLh line of Lincoln Avenue; thence South 89° 31' 00" East~ along the nor[h line of Lincoln Avenue, 49.50 feet to che southwest corner of that p~rcel shown as "not a part of this subdivlsTon" on thc map of said Tract No. 1642; thence North~ along the rrest line of said parcel, 9a.04 feet; thence South E9° 31' ~Q" East 23.3~ feet; thence North 00~ O1' 29" ldcst 5~.00 feet; thence North 89~ 31' 00" 41est 16.80 fee[; thence North 00° O1' 29" West 41.00 Teet; thence South 89° 31' 00" East 12.00 fee[; thencc North 00° O1' 29" Hest 18.70 feet; thence North 89° 31' 00" 4/est 23.21~ fect to the poinc of beginning. PARCEL 2(For commercial purposes) - 6egTnning a[ the southwest corner of that parcei shawn as "not a part of [hts subdivision" on said map of Tract No. 1542 and running thence Noreh 8g° 31' 00" Nest 49.50 feet along the north linc of Lincoin Avcnue to the TRUE POIt~T OF BEGINNING; thence North 180,00 feet; ehence North 890 31' 00" West, paraliel to the north l~inc of LTncoln Avenue, 246,29 feet; thence South 180.00 fee[ to the north line of Ltncoln Avenue; thence South S9° 31' 00" East, along the north l~ne of LTncoln Avenue~ 246.29 feet to the true point of beginning. PC78-188 WHEREAS, the City Planning Lommission did schedule a public hearing at the City Hall in the City of Anaheim on July 17~ 1978, at 1:30 p.m., notice of said public h:~riny having been duly given as required by law and in accordance with the provisions of the Anahetrn Municipal Code, Chapter 13,03, to hear and conside~ evidence for and against said proposed reclassification and to fnvestigate and make findings and recommendations in connection therewith; said public hearing havtng been continued to the Planning Commission meeting of August 14, 197II; and WNEREAS, said Commission after due inspection, investigation and study made by itself and in its behatf, and after due consideration of all evidence and reports offered at said hearing, does find and determSne the following facts: 1. That the petitianer proposcs reclassification of subJect property from the PD-C (Parkin9 District-Commercial), CL {Commercial, Limited} and RS-A-43,000 (Resioential/Agricultural) Zones to the RM-120~ (Residential, Multiple-Family) Zone. 2. That the Anaheim General Plan designates subJect property for general commercial and/or law-density residential land uses. 3. That the proposed reclassifica[ion is hereby granted on the basis that although the property is curren[ly zoned commercially, a multiple-family residential use would be more compatible wtth the adjacent single-farntly residential uses; and that the use is 9ranted subject to the peiitioner's stipulation to relocate a 30-foot wide driveway (located adjacent to [he east property line on tiarbor Boulevard) to approximately ?.5 feet west from the east property line, subJect to [he approval of the City Traffic Engineer. ~, That the proposed reclassification of subject property is necessary an~/or desirable for the orderly and proper development of the community. 5, That the proposed reclassifica[ion of subJect property does properly relate to the zones ane! tt~eir permitted uses locally established in close proximity to subject property and to thc zones and their permitted uses generally established throughout thc community. 6. That the proposed reclassification of subJect property requires the improvement of abutting streets in accordance wi[h the Circul~ti~n Element of [he General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 7, That iS persons indicated their presence at said publFc hearing in opposition; and [hat no correspondence was received in opposition to the subject petition. ENVIRONMEPITAL IMPAGT FINDING: That tha Anaheim City Planning Commission has reviewed the proposal to reclassify the zoning from PD-G (Parking District- Commerical), CL (Gommercial, Limited) and RS-A-43,000 (Residential/Agricultural) to RM-1200 (P,esidential, Multipie-Family) on an irregularly-shaped parcel oF land consisting of approximately 6.7 acres, having a frontage of approximately 2~6 feet on th~ north side of Lincoln Avenue, having a maximum depth of appraximately 720 feet, and being located approximately 91~ fect east of thc centerline of Brookhurst StreeC; and does hereby approve the Negative Decla~ation from the requirement to prepare an environmental impact report on the basis that there would be no significant individuai or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim Generai Plan designates the subJr.ct property -2- PC78-188 for general commercial and low-density reside~tial land uses comnensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Inittal Study submitted by the petitio~er indicates no significant individual ur tumulative adverse environmental impacts; and that the tJegative Detlaration substantiating the foregoin9 findfngs 1s on file in the Ctty of Anaheim Planning Department. NO~, TNEREFORE~ B[ ~T KESOLVED that the Anaheim City Planning Cortmission does hereby grant subject Petitfon for Reclassification and, by so doing, that Title ld-Zoning of the Anaheim Mu~icipal Code be amended to exclude the above-described property from the PD-C (PARKING DISTP.lCT-C~HNERCIAL), CL (COMNERCIAL, LIMITED) and RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONES and to incorporate said described property tnto the RM-1200 (RESIDE~JTIAL~ MULTIPLE-FAMILY) ZONE upon the following conditions which are hereby found to be a ~ecessary prerequisite to the proposed use of subject property in order to preserve ttie safety and general welfare of the Citizens of thc Ctty of Anahaim: 1, That the owner(s) of subject property shall pay to the City of Anaheim the sum of three and one-half dollars ($3.SOj per front foot along Lincoln Avenue for street lighting purposes. 2. That the owner(s) of subject property shall pay to the City of Anahefm the sum of ninety-five cents (95e? per front foot along Lincoln Avenue for tree planting purposes. 3, That no driveway onto Lincoln Avenue shall b= located closer than 25 feet to the east property li~e and that the precise loca[ton shall be subJect to the approval of the City Traffic Engineer. 4. Thai sidewalks shall be installed along Lincoln Avenue as required by the City Engfneer and in accordance with standard plans and specifications on file in the Office of the City Enginecr. 5. That trash storage areas shall be provided in accordance with ~pproved pla~s on file with the ~ffice of the Director of Public Norks. 6. That fire hydrants shal! be installed and charged as required an~ determined to be necessary by the Chief of the Fire Depar[men[ prior to canr~ncersenL of structural framing. 7. That su6Jcct property shall be served by underground utilitics. 8. In the event that subject propcrty Is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subJeci property. shall tie subnitted to and approved by ihe City of Anaheim and then be recorded in the office of [he Orange County Recorder, 9, That the owner of subject propcrty shali pay to the Ci[y of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid aY the time the building permit is issued. 10. That drainage of subJect property shall 6e disposed of in a manner satisfactory to the Ci[y Engineer. _3_ PC78-188 11. That the owner(s) of subJe~t property shail pay the traffic signal ~ssessment fee (Council Policy No. 214) :~nountiny to $36.00 per each new dwelling unit prior to the issuance of a build',ng pei~nit. 12. Prtor to the introduction of an ordinance rezoning subJect properiy, Condition I~os. 1. 2 and 8, aoove mentio~ed, shall be completed. The provisTons or rights granted by th~s resolution shall become null and void by action of the Planning Commission ~nless said conditions are complied with within one year from the date hereof. or ~uch further tin~ as the Planning Commission may grant. 13. That Condition Hos. 4, 5, 7 and 10, above mentioned, shall be complied with prior t4 flnal buildiny and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssio~ does hereby find and determtne that adoption of [his Resolution is expressly predtcated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be Geclared invalid or unenforceable by the final judgment of any court of compe[ent Jurisdictian, then this Resolution, and any approvals herein contained, shall be decmed null and void, . TtfE FOREGOING RESOLUT10~7 is signed and approved by me this 14th day of August 1978. Hq , ~ L/1 i G COMMI ' Ot ATTEST: SEGRETpR , NAHEIM C17 ~AFi~iIt1G COMNISSION STATE Of CALIFOP.t71A ) COUNTY OF ORANGE ) ss. CITl OF ANAHEIM ) I, Edith L. Harris, Secretary of tiie Anaheim Lity Planning Comnission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on Rugust SI~, Sy7fi, at i:30 p,m.. by [he foliowing vote of the members thereof: AYES: CUMNIS510!lERS: BARNES, DAVIO, NERBST, KING NOES: COMM~SSIOt1ER5: LINN ABSEt~T: C011MISSIONERS: TOLAR ABSTAIPI: COHMi5510t~ER5: JOHNSON 1978. IN NITUESS WHEREOF~ I have hereunto set my hanJ this 14th day of August (.~ 2~ ~~ ~ ~,~ „ ~ SECRETAR , ANAHEIM I Y LAt1NlNG COMMISSION -y- PC78-188