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PC 78-222RESOLl1T10N N0. PC73-222 A RESOLUTION OF TNE At~AHEIM CITY PLAHNIHG CONMISSION THAT PETITIOtI FOR RECL~.SSIFICATIOt~ N0. 73-7°-15 BE GRANTED. WHEREAS, the Anaheim City Planning Ca+mission did recetve ~ verified petition for Reclassification fron HENRY L. FOUCNER, 332E West Lincoln Avenue, Anahelm, Californla ?2IIQ1, owner, and DO~IALD WILLIA"1 DOTY, ~461 Carmercia) 'Jr1ve, Hun[ing[on Beach, Californ(a q2G49, agen[, of certain real property situa[ed in the ~~ty of Anaheim, County of Orange, Statc of California, described as foilows: 7ha[ por[ton of the 11est one half of the West onc half of the tJortheast one quartcr of the Northwest one quarter of Sectton 14, Township 4 South, Range 11 West ln the Rancho Los Coyotes as shown on a reap there of recorded in Book 51, page 11 of tliscellaneous Maps records of Orange County, California, lyi~g Northerly of the Northerly llne of Parcel 2 as described in the deed to A[laniic Savings and Loan Association, a Caiifornia Corporation recorded Juiy 1, 1966 in Book 7978, Pa9e 801 of Official P.ecords, records of Oran9e County, Lalifornia. Excepting therefrom the West 33~•~~~ feet of the North 3~9•~~ fcet thercof and also excepti~9 thereTrom [he tJor[h 6b.0l1 feec thereo`. WNEREAS, the Lity Flanning Commfssion did hold a public hcaring at the Ci[y Hall in Che Lity of Anahcim on September 7.5, 1a7E, at 1:3~ p.m „ notice of said public hearing having been duly given as required by law and in accordance with the provisions of thc Anaheim Municipal Code, Chapter 19.~;, to hear and corsider evidenr_e for and against said proposed reclassificatlon and to investi9ate and make findings and recortnendations 1n connection tfierewlth; and WFIEREAS, said Commtssion, after due fnspection, investigation and study made bY ~tself and in its behalf, and after due consideration of all evidence and reports offc~zd a~ ,atd hcarfng, docs .`ind and dci^rr^in^ thc fnllnrring `3cts: ~, That the petitioner praposes reclassification of subject property from the RS-A-tt3,400 (Residential/Agricultural) Zone to the q,M_~zOp (Residential~ tlultiple-Family) Zone. Z, That the Anaheim General Plan designates subJect property for medium density residential land uses. g, That the proposed reclassification of subJect property 1s necessary and/or desirable for the orderty and proper development of the cortmunity. y, That the proposed reciassification of subJect property does properly relate to [he zones end their permitted uses locally established in close proximity to subject property and to thc zones and thetr permitted uses generally established throughout the community. 5, That the proposed reclassification of subJecL property requlres the improvenent of abutting streets in accordance r+ith the Circulatio~ Element of the General Plan, due to the anticipated t~crease in traffic which wili be generated by the intensification of land use. PC78-222 6, That no one indicated their presence at said public hearing in opposition; and [hai no correspondence was received in oppositlon to the subject Petition. EtIVIRO~iME~~TAL IMPACT FINDING: That thc Anaheim City Plannina Carmission has reviewed t e proposa Co rec assify the properiy f~a" ft5-A-43,000 (RESIDENTIAL/AGRICULTURAL) to RM-1200 (RESIDENTIAL, HULTIPLE-FAMILY) zone to construct a 70-unit apartment complex ~•+ith v~aivers of minimum lot area and maximum building height on a rectangularly-shaped parcel of iand conststing of approximately z.3 acres, h~ving a fronta9e of approximately 303 feet on the west side of Westchester '~~e, having a maximum dep[h of approxima[ely 333 feet, being located approximately :~G feet south of [he centerline oT Lincoln Avenue; and does hereby apProve the Negative Declaration from the requirement to preoare an environmental impact report on the basis that there would be no si9nificant individual or cumulative adverse environmental impac[ due to the approval of this Negaitve Declaration since the Anahein General Plan designaces the subject property for medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts arc involved in the proryosal; tha[ the Initial Study submitted by the peti[ioner indicates no slg~ificant individual or cumula[ive adverse environmental impacts; and that [he tle9attve Declaration subs[anciating the foregoing findings is on file in thc Lity of Anaheim Planning Department. ~~pW, THEREFORE, BE IT RESOL'JED that the Anaheim City Planning Commtssion does hereby grant subject Peti[ion for Reclassiffcition and, by so doing, tha[ Title 1a-Zoning of the Anahein Municipal Code he amended to exclude the above-described Property from the RS-A-l+3,000 (RESIDENTIAL/A,RICULTURAL) ZONE and to Incorporate said described property into the R!1-1200 (RESIDENTIAL, MULTiPLE-FAMILY) ZONE upon the followin9 conditions which are hereby found t~ be a necessary prerequisi[e to the proposod use of subjec[ property in order to preserve the safety a~~ 9eneral welfare of the ~itizens of the City of Anaheim: 1, Tha[ street lighting facilitles along Westchester Orive shall be installed prior to the final building and zoning inspectlons unless otherwise aParoved by the ~irector of Public Utilities, and i~ accordance with standard speclfications on ftie in the Offfce of the Director of Public Utfiities; and/or tha[ a bond, certfficate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anahcim shall be posted with the Clty to guarantee the installation of the above-mentloned requirements prior to occupancy. 2 That the owner(s) of subject property shall pay to the City of Anaheim the sum of•95 cents per front foot along Uestchester Drive for tree planting purposes. j, 7hat trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4, That fire hydrants shall be instailed and char9ed as requtred and determined to he necessary by the Chief of the Fire Department Frior to commencelnent of structural framin9. 5, That subject property shali be served by underground utiltties. 6. That drainage of subJect property shall be disposed of ln a manner satisfactory to the City Engineer. -2- QC78-222 7, That the owner of subJect prope~ty shall pay to Chc Ci[y of Anaheim the approprlate park and re~reatton in-lieu fees as determined ta bc approprlate by the City Councii, said fees to be paid at the time the building pernit Ts issued, $, In the event that subject property ts to bc divided for the purpose of sale, lease, or financing, a parcel map, to record the approved dlvislon of subJect property, shall be submi[ted to and approved by the Ci[y of Anahcim and then be recordeJ in the office of the Orange County Recorder. g, That the developer shall acquire access rights over lots "B" and ~'C" of Tract No. ;886. 1p, That the interior walls of the p~oposed carports shali be scuccoed, [hat enclosed storage cabinets shall be provided along the rear wall of each carport; and that adequate bumper guards shall be provided to protect the interior walls of the proposed carports from damage. ~~, That the owner(s) of subJect property shall pay the residential traffic signal assessmen[ fee (Councif Poticy No. 214) amounting to 536.0~ per each unit prior to the issuance of a buflding permi[. ~p, Prior [o the lntroduction of en ordinance rezoning subject property, Condition Nos. ~, 2. 8 and 9, above-mentioned, shal) be completed. The provisions or rights granted by this resolution shall beca^~e null and votd by action of the Planning Commission uniess said conditlons are complied with wfthi~ one year from the date hereof, or such further time as thc Planning Commission may grant. ~j, 7hat Condition Nos. 3, 5, 6 and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTNEF RESOLVEU that Che Anahetm Clty Planning Commission docs hereby find and de[ermine that adopcion of this Resolution is expressly pre'~~cated upon aPP~icant~s compllance with each and all of the conditions hereinabove set forth. Should any such conditio~, or any part [hereof, be declared invalid or unenForteable bY the final Judgment of any court of conpe[ent jurisdiction, then this Resolution~ and any approvals f~eref~ contained, shall be deemed nuit and void, THE FOREG011JG RESOLUTION is signed ard approved by me this 25ch day of September, 1978• cc f, A AH I TY PL fl I t!G GO~N 1 SS I ON ATTEST: ~ ~ ~t~. SECRETARY. NAHEIM CITY PLANNI~lG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF APIAHEIM ) I, Edith L~ Harris, Secretary of the Anaheim City Planning ~~~ssion, do hereby ccrtify that the foregoing re5olution was passed and adopted at a meeting of -3- Pc7a-222 .~ ~ ~~ ~ - ~' the Anaheim Cfty Planning Commisslon held on Septenbe~ 25, 1978 at 1:30 p.m,, by the foltowing vote of the members tfiereof: AYES: ~OMyI5510NER5: BARPiES, OAVID, HERBST, JOH~~SOt~, Y.INr,, TOLAR NOES; COMHISSIONERS: NONE ABSENT: LOt1r115510NER5: NOqE VACANY: ONE SEAT IN 411TNESS WHEREOF~ I have hereunto set my hand this 25th day of September~ ~978, ~,~.~. .~ ~.~~ ,. SECRETARY, A~~AHEIN C17Y P~qNNING COHMISSION -4- PC78-222