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PC 78-282RESOLUTION N0. PC78-282 A RESOLUTION Of THE ANAHEIM CITY PLANNING COHMI5510N THAT PETITION FOR RECLASSIFICATION N0. 78-79-24 BE 6RANTED. WHEREAS~ the Anaheim City Planning Commission did recetve a verified petition for Reclassification from EBRAHtM AND SALLY ANN TALEBI, 27695 Tortja. Mission VieJo, Californla 92675, owners, Nl1RVEY BRONN, 1031 West Whittier Boulevard, La Habra, 90631, agent, of certain real property situated tn the Cicy of Anahetm, County of Orange. State of California, described as follows: The South 75 feeC of Lot 10 ofi Tract No. 796, in thc Gity of Anahetm, as shown on a Map thereof recorded in Book 24. Page 28~ Miscellaneous Maps, records of said Orange County; and Parcel 1: The Northerly 43.5 feet of Lot 10 and the Southerly 31.5 feet of Lot 9 of Tract No. 796, in the County of Orange, State of Galifornia, as per map recorded in book 24, page 28 of Miscellaneous Maps, records of sald County; and Parcel 2: That portion of Lot 1 in Block A of Tract No. 796~ in the Cfty of Anaheim as per map recorded in book 24~ page 28 of Miscellaneous Maps in the office of the County Recorder of said County, adjoining Lots 9 and 10 of said Tract lying Southerly of the Westerly prolongation of a line North of and parallel with the South line of Lot 9, 3'~•50 feet, except the South 75.0~ feet thereof, WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anrh:im on December 4, 1978, at 1:30 p.m., notice of said public hearing having been duly given as requlred by lao~ and in accordance with the provisions of the ;naheim Municipal Cade. Chapter 18.03, to hear and consider evidence for and agai~st said proposed reciassification and to investigate and make findings and recommendatio~s in connectton therewith; a~d WHEREAS, satd Commtssion, af[er due inspection, investtgation and study made by itself and tn its behalf~ and after due consTderatlon of all evidence and reports offered at said hearTng, does find and determine the following `acts: 1. That the petltioner proposes reclassification of subject property from thc RS-A-43,000 (Residenttal/Agricultural) Zone to the FUt-1200 (Residential~ Multiple-Family) Zone. 2. That the Anaheim General Plan designates subJect property for medium density residentlal fand uses. 3. Tha[ the proposed reclassificatlon of subJect property is necessary and/or desirable for the orderly and proper development of the community. 4, That [he proposed reclassificatlon of subJect property does properiy relate to tne zones and thetr permitted uses locally established tn close proximity PC78-282 r ~ to subJect property and to the zones and their permitted uses 9er.erally established throughout the community. 5. That the proposed reclassificatton of subject property requires the dedication and improvement of abutting streets in accordance with the Circulation Element of the General Plan~ due to the anticipated tncrease In traffic whtch wtll be generated by the intensification af land use. 6. That no one indicated thelr pre-~nce at said public hearing in opposition; and that no correspondence was receivr.,, in opposition to [he subject petitton. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Cortmission has reviewed the proposal to reclassify subJect property from tiie RS-A-43,000 (Residential/Agricultural) to the RM-1200 (Residential, Nul[iple-Famtiy} Zone to construct a 30-unit apartment complex with waiver of the required t;pe of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 1.0 acre, having a frontage of approximately 150 feet on the west side of Webster Avenue, having a ~~:aximum depth of approximaLely 295 feet, and being located approximately 1055 feet south of the centerline of Orange Avenuc; and does hereby approve the Negative Declaration from the requirement to prepare an env)ronmental impact report on the basts that there wuuid be no slgnificanL individuai or cumulative adverse environmental impact due to the approval of this Negative Declaratton since the Anaheim General Plan designates the subJect property for medium-density residential land uses commensurate with the oroposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by ihe petitioner indicates no significant lndividual or cumulative adverse environmental impacts; and that the Nega[ive Declaration substantiating the foregoing find(ngs is on file in the City of Anaheim Planning Depar[ment. NOW, THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subJect Petitton for Reclassificatlon and~ by so doing, that Ttt1e 18-Zontng of the Anahelm Muntcipal Code be amended to exclude the above-described proper[y ~rom the RS-A-43,000 (REStDENTIFL/AGRICUITURAL) ZOftE and tu tncorpora[e said d~scrTbed property into the RM-1200 (RESI[~ENTIAL. MULTIPLE-fAMILY) ZONE upon the foilowing conditions which are hereby found to be a necessary prerequisite to the proposed use of subJect property in order to Freserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subJect property shall deed to the City of Anaheim a s[rip of land 32 feet in width from the cen[erltne of the street along Webster Avenue for street widening purposes. 2. That all engtneering requirements of the City of Anaheim along Webster Avenue including prepa~ation of improvement plans and installatton of all improvements such as curbs and gutters, ~idewalks, street grading and paving, dralnage facilitles or other appurtenant work, shall be ccmplied with as required by the Ctty Engineer and in accordance with standard plans and specificatlons on flle in the Offlce af the City Engineer; that street lighting facilitles along Webster Avenue shall be installed prior to ftnal bullding and zoning inspectlons unless otherwise -2- PC78-282 ,~ ~ ~~ , approved by the Director of Public Utilitles, and In accordance with standard specifications on file in the Offlce of the Director of Pubtic U[ilities; or that a bond, certiflcate o` deposit. letTer of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee that the above improvements will be installed prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of ninety-five (95E) cents per front foot along Webster Avenue for tree planting purposes. 4. That trash storage areas shali be provided in accordance with approved plans on ftle with the Office of the Director of Public Works. 5. That fire hydrants shall be Installed and charged as requtred and determtned to be necessary by the Chief of the Fire Department prtor to commencemen[ of structural framing. 6. That subject property shali be served by undergraund utilitles. 7. That a 6-foot masonry wall shall be co~strucied along the west property lines. 8, That drainage of subJect property shall be disposed of in a manner satisfactory to the City Engi~eer. 9. That the owner of subJect property shall pay to che: City of Anaheim the appropriate park and recreatio~ in-lieu fecs as determtned to be appropriate by the City Council, said fees to be paid at the time the buliding permit is issued. 10. Tha[ the owner(s) of subJect property shall pay the trafffc signal assessment fee (Counci) Policy No. 214) amou~ting to 536.00 per each new dwelling unit prior to the issuance of a building permit. 11, Prior to the introductlon of an ordinance rezoning subJect property. Condition Nos. 1, 2 and 3, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless sald cortdttions are complled wtth within one year from ehe date hereof, or such further time as the Planning Commission may grant. 12. That Conditton Nos. 4. 6~ 7 and 8. above-mentloned, shall be complted with prior to final building and zoning Inspectlons. BE IT FURTHER RESOLVED that [he Anaheim City Planning Cortmission does hereby find and determine that adoptlon of this Resolutlon is expressly predicated upon appl)cant's complia~ce wtth each and ail of the conditions hereinabove set forth. Should a~y such conditTon. or any part thereof, be declared invalid or unenforceable by [he ftnal Judgmen[ of any court of campetent jurisdiction~ then this Resolutlon. and any approvals hereln contained~ shall be deemed null and void, -3- PC78-282 THE FOREGOING RESOLUTI0~1 is slgned and approved by me thls 4th day of December, 1978. ~ A I PLANN N C MM 5 ATTEST: D ~~ ~ ~ ~t[f~M~z SECRETARY~ ANAHEIM CITY ~ '.NNING COMNISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY Of ANAHEIM ) i, Edlth L. Harris, Secretary of the Anaheim City Planning Commission. d~ hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning Commission held on Oecember 4, 1978, at 1:30 p.m., by ihe following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE~ DAVID~ KING, TOLAR NOES: COMHISSIONERS: HERBST ABSENT: COMMISSIONERS: JOHNSON 1978. IN WITNESS WNEREOF, I have hcreunto set my hand this 4th day of December, `~~C .~ ~„~. SECRETARY, ANAHEIM LITY PLANNING COMMISSION -§- PC7~-282