Loading...
PC 78-243.~ RESOLUTION N0. PC78-243 A RESOLUTION OF THE ANAFiEIM CITY PLAPINING CONMISSION THAT PETITION FOR RELLASSIFICATION NQ. 78-79-14 BE GRANTED. WHEREAS, the Anaheim City Plannfng Commission did recefve a verifled petitTon for Reclassification from SlE41AP.T LAND COMPANY, 1$03 South PJinth Street~ Anaheim~ California 92802, oomer, and TUMANJA~ A~lD TUMANJApI, INC., 215~5 Hav~thorne Boulevard, Suite 930, Torrance, California 90503~ agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the Northeast quartcr of the Northeast quarter of the Northwest quarter of Sectton 28, Township 4 South, Range 10 West, in the Rancho Los Bolsas, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Oran9e County, California, described as follows: Beginning at a point tn the Easterly line of Tract No. 3240, as shovm o~ a Hap recorded in Book 113, pages i, 2 and 3 of said Miscellaneous Maps, distant thereon North 00~ 55' 30" West Ei17.67 feet from the Sou[heast corner of said Tract No. 3240. said potnt being on a non-tangent curve in the Easterly line of the land described in Parcel C3-904 in that ceriain Finat Order of Condemnation, S,C.C. No. 73277, filed May 3, 1959, a certified copy of which was recorded ~~~Y 8~ 1g59~ in Book 4706, page 375 of Offtcial Records in the offtce of the County Recorder of said Orange Lounty, said curve being concave Westerly having a radius of i21.5.00 feet, a radial line of said curve passing through said point bears South 74° 29' S5" East; thence Nortfierly along said curve through a central angle of 10° 47' 04" an arc distance of 230•57 feet to the True Point of Beginning; thence non-tangent to said curve 1~orth 89~ ~Z~ 43~~ East 617.41 feet to the Easterly line of satd Northwest quarter; thence aiong said tas[ mentioned Eas[erly tine Kor[h 00° 55' 1Q" Uest 275•83 feet to the Nor[heast corner of said Northwest quarter; thence along the Northerly line of said Horthwest quarter South 89° 13' 30" West 611.50 feet to the Northeast corner of satd Parcel C3-904; thence atono said Easterly line of Parcel C3-9o4 South 00° 55' 30" East 155.53 feet to the beginning of a tangent curve concave Westerly having a radius of ~225,p0 feet; and Southerly along said curve through a central angle of OS° 38' 31" an arc distance of 120.63 feet to the True Point of Beginnin9• WHEREAS, [he City Pla~ning Commissio~ did schedule a public hearing at the City Hall in the C(ty of Anaheim on October 9, 1978. at 1:30 p.m., nottce of said public hearing havl~g been duly given as requlred by law and in accorda~ce with Lhe provisions of the Anahelm Municipal Code, Chapter 18.03, to hear and consider evtdence for and against said proposed reclassifTcation and to investtgate and make findings and recommendations in connection therewiLh; said public heari~g having been continued to the Planning Commissto~ meeting of October 23, 1g78; and PC78-243 , i ~ WHEREAS, said Carnnission after due inspectlon, investi~ation and study made offereJ,atasaidnhearinghadoesafind~and determinedthetfotlowing,factsenCe and reports ~, That the petitioner proposes rf:classification of subJect property from thc RS-A-43,000 ~Reside~tial, Agricultural) Zone to the RM-1200 (Residential, MulYiple-family) Zone. Z, That the Anaheim General Plan designates subJect property for medium- density residential land uses. 3, That the proposed reclassification (s hereby gran[ed subject to [he conJition that the property shall be devetoped substantially in accordance with specific plans presented to the Planning Corxnission at the public hearl^9• k, That the proposed reclassiftcation of subject property is necessary and/or desirable for the orderly and proper development of the comnunity. 5, That the proposed reclassification of subJect property does properly relate to the f°~~ert nandhtortherzones~andetheirapermitted,usesd4enerally established [o subject p P Y throughout the community. 6, That the proposed reclassiFication of subject propert/ requires the dedication and fmprovement of abutting streets in accordance with the Clrculatio~ Element of the General Rlan, due to the anticlpated increase in traffic which will be generated by thc iniensiflcation af land use. ], Tha[ 2 ryersons tndicated their presence at said public hearing in opposition; and that no correspondence was received In opoosition to the subJect petition. ENVIRON'1ENTAL IMPACT FINDiNG: That the Anaheim City P1ann1~9 Commission has ro osal to reclassify subject property from the RS-A-~~3~000 reviewed thc P P ~e-Famil (Residential/A9ricultural) zone to [hc RM-1200 (Residential, Multip Y zo~e to construct a 7~-unit apartment cor+plex with waivers of maximum structural helght and permitted encroa(oximatel~t2.8racresedlocated~at thetasouthwest$h~o~nerarof, Katelia consisting of app Y Avenue and Ninth Street, having approximate frontages of 57z feet andthdoesutherebe of Katella Avenue and 228 feet on the r~est side of Ninth Street; Y approve the ~~egative ~er.'.aration from the requirement to prepare an environmental impact report on the nasis that there ~Ued toe the approvalanof ithTsiFegative cumulative adverse environmental Impact ro ert for medium Declaration since the Nnaheim General Plan designates the subJect P that no sensitive density residential land uses commensurate r~ith the proposal; envtronmental ImPacts are invotved In the proposal; that the Initlal Study subnitted by th~ petitioner indicates ~o ~Ignificant indlvlduat or cumulative adverse environmental impacts~ and that the NegatTve Declaratlon substantiating the foregoing findi~9s is on fTle in.: e City of Anahelm Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby 9~. = subJect Petition for Reclassificatlon and, by so doing. that Title 18-Zoning of the Anahelm Nuniclpal Code be amended to exclude the above-described property f~om the RS-A-43.000 (RESIDENTIAL/AGR~CULTURAL) ZONE and te incorporate said described property into the Rri-1200 (RESIDE~ITIAL, MULTIPLE-FAMILY) ZONE upon the _Z_ Pt78-243 f bfHEREpS, said Commission after due inspectton. investtgation and study made by itself and in ics behalf, and after duc constderatio~ of all evidence and ~eports offered at sald hearing, does find and dete~mine the `ollowing facts: ~, That the petltioner proposes reclassifEcatlon of subJect property f;om the: RS-A-43.000 (Residen[iat, Agricultural) Zone to the RM-1200 (Residen[lal, Multiple-Famity) Zone. 2, That the Anaheim General Plan designates subJect property for medium- density residentlal land uses. j, That the proposed reclassification is hereby granted subJect to the conditlon that the property shali be developed substantially in accordance with specific plans presented to the Planning Cormission at ihe public hearing. k, That the proposed reclassification of subJect p~oPerty is necessary and/or desirablc for the orderly and proper development of the cort+n~^~ty. 5, That the proposed reclassification of sub)ect property does oroperly relate [o [he zones and their permitted uses locally established in close proximity to subject property and to thc zones and thelr pcrmitted uses generally estabiished throughout the communfty. (,, That the proposed reclassificatton of subject property requires the de~licatio~ and improvement of abutting streets in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which wili 6e 9e~erated by the intensification of land use. ~, That 2 persons indicated their presence a[ said public hearing in opposition; and that no correspondence was received in opoosition to the subJect petition. EtJVIROt~`1ENTAL IMPACT F~NDING: That the Anaheim City Ptanning Commission has reviewed the propasal to reclassifiy subject Property from [he RS-A-t~3,000 (Residential/Agricuttural) zone to the RM-1200 {Residential, Multiple-Family) zone to construct a 70-untt apartment complex ~vlth waivers of maximun structural heTght and permitted encroachment into required yard on a rec[anguiariy-shaped parcel o` lartd consist(ng of ~PProximately 2.E acres. located at [he southwest corne~ of Katella Avenue and Ninth Street. having approximate frontages of 572 feet on the south side pf Knt~Ila Avenue and 226 feet on the west side c+f Ninth Street; and does hereby approve the Ne9ative Declara[lon from [he requTrement to prepare an environmental impact report on the basis that there would be no significant individual or cumutative adverse environmental impact due to the approval of thTs Negative Declaratio~ since the Anaheim General Plan desi9nates Che subJect property for medium density residential land uses commensurate with the proposal; that no sensitive envtronmental impacts are involved in the prop~sal; that the initial Study submttted by the petitioner indicates no stgnificant tndividuat or cumulattve adverse environmental impacts; and that the Negative Declaration subs[anttating [he foregoing findings ls on file in the CT[y of Anaheim Planning Department. NON, THEREFORE. Be OT RESOLVED that the Anahcim City Planning Commission does hereby grant subJect Petitlon for Reclassificatlon and~ by so doing. that Title 18-2oning af the Anaheim NunicTpal Code be amended to exclude the abuve-described property from the RS-A-~3,000 (RESIDEPITIAL/AGRICULTURAL) ZONE and to incorporate said described property lnto the R"1-1200 (RESIOEtJTIAL~ NULTIPLE-FhNILY) ZONE upon the _2_ PC7g-243 ~ ~ following conditions which are hereby found to be a necessary p~~requisite to the proposed use of subJect property ln order to preservc the safety and general welfare of the Cittzens of tfie City of Anahelm: ~, That the owner(s) of subject p~aPerty shall deed to the City or Anaheim a strip of ~aadstripcof land,45hfeetminhvridthifrom~the centerlincroftthe'strcetaalong Avenue and ~linth Strcet for street widening purposes. 2, That all englneering reGuircments of thc G(ty of Anaheim along tlinth Strcet incfuding preparation of improvement plans and instaradin~nand~favinii improvements such as curbs and gutters, sidewalks, street 9 P 9+ drainage facilitics or other appurtenant work, shail be complied with as required by the City En9ineer and in accordance wtth standard plans and speclfications on file tn the Office of the City Engineer; tha[ street lighting facilities a~ang I~inth Street shall be installed Qrior to final building and zo~ing inspccttons unless otherwise approved by Che Director of Public U[ilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfac[orY to the Ci[y of Anaheim shal) be poste:d with the Llty to guarantee that the above-mentioned improvements shall be conscructed prior to occuPancy, 3, That the owner(s) of subject property shal) pay [o tYateila Avenuehfor the sum of three and one-half dollars (53•5~~ Per front foot along s[reet 1i4ht1^9 Purposes. y, That ~he owner(s) of subject property shall pay to thc City of Anaheim thc sum of ninety-five cents (95E) per front foot along Katella Avenue and Nin[h Strect for tree pianting purposes. 5, That trash storage areas shall be provideei in accordance with approved plans on file r+ith the Office of the Dlrec[or of Publtc Llorks. 6, That fire hydrants shall bc installcd and charged as rcquired and determined to Le necessary hy the ChIcf of the Fire Oep~rtmen[ prior to commencement of struccural framing. ~, That subJect property shall be served by underground utilitt~~s. g, That drai~age of subJect p~operty shatl be disposed of in a manner satisfactory to the City Engineer. 9, That the owner of subJect property sha1S pay to thc City of Anahe(m the appropriate p3rk and recreatlon in-lieu fces as determined LoebmitPis issuad, by the City Council, said fees to be paid at thc time the buitding P ~p, That a 6-foot high masonry ~~all shall be constructed along the south property 11nes. ~~, That the awner(s) of subJect property shall pay the traffic signal eachsnewnd~~ellingrunltiprioratouthe issuance of,a~building4permit~ting to 536.00 per 12, Prior to tfie introducCian of an ordinance rezontng subJect property. Condltion ~~os. 1. 2. 3 and 4, above-mentioned, shall be comPle[ed. 7he nrovTsio~s or -3- PC78-2G3 i, ~ ~i9hts granted by this resolutlon shall becomc null and void by action of the Planning Lommission unless said cond(tions are complied with withtn one year fram the date hereof, or such further time as the ~lanning Commission nay grant. ~3, That CondTtion Nos. 5. 7, 8 and 10, above-mentloned, shatl be complied W~th prTor to final building and zontng InspecLions. BE IT FURTHER RESOLVED chat the Anaheim City Planning Carmissio~ does hereby fir,d and determine thac aJoption of this Resolution is expresslY P~edicated upon ~Pplicant's comPliance wtth each and all of the condittons hereinabove set Forth. Should any such condition, or any part thereof, be declared invaltd or unenforceable bY the finai judgment of any court of cempe[ent Jurisdiction. then [his Resolution, and any approvals hcrel~ contained, shall be deemed null and vold. THE FOREGOING RESOLUTION is stgned and approved by me this 23rd day of October, 197a• , ~~ AdAN M I LANNIIIG COHHISSION ATTEST: SECR~A~IAHE IH C I TY PLANN I NG LOM!t 15510N STATE Of CALfF6ANfA ) COUNTY OF ORAt1GE ) ss. CITY OF Al1AHEIM ) ~, Edi:h L. Harris, Secretary of the Anahcim City Planning Commission. do hereby ccr[ify ttiat the foregoing resolution r+as passed and adopted at a meetTng of the Anaheim Ll:y Plannin9 Commission held on October 23~ 1978, at 1~30 p,m.~ by the folla~ring vote of the mem6ers thereof: AYES: COMMISSfONERS: BARNES. BUSNORE~ D1'.VID, HERBST. JOHNSON, KIIIG, TOLAR NOES: CdHHt55tGFlERS: NOFiE ABSENT: COMMISSIONERS: NONE ~9~e, IN 1J~TNE55 WFIEREOF, I have hereunto set my hand thTs 23rd day of October, ~.~~ ~.,_~. SECRETnRY, ANAHEIM CITY PLANNING COMMISSION -q- Pt78-243