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PC 78-77RESOLUTION N0. PL78-77 A RESOLUTION Of THE ANAHEIM CITY PLANNIHG COMMISSION THAT PETITiON FOR RECLASSIFICATIOH N0. 77-i3-5~ BE GRAt~TED. WHEaEAS, the Anahelm Lfty Planning Commis~ton did receive a verified petitlon for Reclassificacion from EL~1ER C. AND ElIZABETH B. DRENS, CENTRA~ BAPT~ST CHURCII OF ORA~~GE COUNTY, 227 North Magnolia Avenu~, Anaheim, Californ(a ?2801, and ROLAND J. JENSEN, 1910 Eas[ Chestnu~ Street, Santa Ana, Cal(fornia g2701. owners. and BORIS ELIEFF, 2006 North Broadway, Santa Ana, California 92706, agent, of certain real property situated in the City of Anahcim, County of Orange, State of Caiifornia~ described as follows: THE EAST 253.00 FEET OF THAT PORTION OF THE tIORTH 15 ACRES OF TNE EhST HALF OF TNE SOUTHEAST QUARTER Of THE SOUTHEAST QUARTEP. OF SECTION 12, TOwNSHIP 4 SOUTH, RA~IGE 11 WEST. IN THE RAt~CHO LOS COYOTES, AS SHOWN ON A HAP THEREOF RECORDED IN 900K 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SI1~D ORANGE COUNTY, DESC0.16ED AS fOLLOWS: BEGINt~ING AT A POINT ON THE EA57 L~NE OF SA10 SECTION. NOR7H 0° 13' ~+7" WEST 328.29 fEET FROH THE SOUTHEAST CORNE? OF SAID SECT10~1. SAID POIN7 BEINf THE NORTHEAST LORNER OF THE SOUT11 5 ACRES OF SAID EAST HALF, AS SF105lN ON A MAP OF SURVEY RECORDED IN BOOK 37. PAGE 24 RECORD OF SURVEYS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUkTY; THENCE SOUTH 89° GO' 43" 11EST 512.54 FEET ALONG TNE NORTH LII~E OF SAID SOUTH 5 ALRES TO THE BEGINNING OF A NON-TANGENT CURVE CQNCAVE SOUTIIEASTERLY AND HAVING A RADIUS OF 9~9•5~ FEET. A RADIAL LINE FROM SAID POINT BEARIrIr, SOUTN 57° 52' 33" EAST; THENLE, t~ORTHEASTERLY~ 304.F9 FEET ALO`IG SAID CURVE TO A LINE TANGENT; TNENCE NORTtI 50° 07' >0" EAST j36.~~ FEET AIONG SAID TANGEIIT LINE TQ A LIN[ PARALLEL N17H, AN') 53.00 FEET WESTERLY FROM THE EAST LINE OF SAIU SECT10~7; THENCE !IORTH 0~~ 13' 4?" WEST 39.61 FEET ALONG SAID PARALLEL LINE; Tl1EY.~: NORTH ~il~ 07' S0" EaST F8.82 FE~7 TO TI{E EAS7 LIf1E OF SAID SECTION; THENLE SOUTH 0~ 13' 47" EAST 525.06 FEET TD THE POINT OF BEGINNING. El(CEPT THE SOUTH 2O0.00 FEET THEREOF. AL50 EXLEPT TNAT PORTION THEREOF NITHIN MAGNOLIA AVENUE. WHEREAS, the City Plannin9 CommTssion did ~chedule a public hearing at the City Hall in the City of Anaheim on March 13, 197A, a[ i:3~ p.m.~ notlce of said public hearing having been duly give~ as requ(red by law and in accordance with the prcvisions of [he Anaheim Municipal Lode, Chapter 16,03, ta hear and consider evidence for and aga(nst sald proposed reclasslfication and to investigate and make findings and recommendations in connectton thereuith; said public hearing havtng been co~ttnued to the Planning Commission mee[ing of Aprit 24~ 1?78; and NHEREAS, said Camtsston after due inspection, fnvestigatlon and study made by itself and In its behalf, and after due consideration of all evtdence and reports offcred at said hearing, does find and dete~mine [he following facts: t. That the petitloner proposes reclasstf(caCton of subJect property from the RS-A-43,000 (Residen[lal/Agricultural) to the RM-4000 (Residential, Multiple- family) Zone. PC78-77 2. That the Anahe(m General Plan designates suuJect propcrty for parochial school site and/or medium density residential lanJ uses. 3. That the proposed reclassifica[Ton is graneed subJect to the foltowing stipulations by the petitioner: a. That an eight (8) foot high masonry block wall will be provided along the entire west propcrty line separating subJect property from the adJacent single-family structures. b. That a three (3) foat high la~dscaped earthen berm will be provided on a portion of the east propercy line to screen the gues[ parking area from Magnolia Avcnue. c. That adequate on-site circulacion will be provided with suitable [hrough access for emergency vehtcles and subJect to the approval of the Fire Department; p~ovided that the fire Department shall retain the option of requiring an eight (8) foot high solid gatc for eme~gency vehicle access from Ya1e Avenue if suicable interior circulation for emergency vehicles cannot otherwise be provided; and that any modifica[ion to the interior circulation plan as presented ac thts public heartng shall be reviewcd by the Plannfnq Cormission prTor to issuancc of a building p:rmit. 4, That the proposed reclassification of subject property is necessary and/or desirable far the orderly and proper development of the cammu~ity. 5. That the propose~ reclassifica[ton of subJect property does properly relate to the zones and their rermitted uses locally established in close praximlty to subJect propcrty and to ttie zones and their pcrmitted uses generally es[ablished throughout t~~ communiiy. 6. That the proposed reciassification of subJect property requires the dedication and imo~ovemertt of abuttinq streets in acca~dance with Che C(rculatlon Element of the•Generai Plan, due to the anitcip~ced increase in traffic ahfch wTll be generated by the intensificatlon of land use. 7. That seven (7) persons indicated thelr presence at said pubilc hearing in oppositton; and that no cor~espondence Nas received in opposition to the subject petition. EtIVIRONMENTAL iMPACT FINDING: Thac the Anaheim Ctty Planning Commission has reviewed the subJect proposa to reclassify the zoning from RS-A-43,000 ;RESiDENTtAI/AGRICULTURAL) to RM-4000 (RESIDENTIAL, MULTIPLE-FAyILY) to construct a 13:~unit condominium complex with waivers of minimum buildtng stte per dwelting uni[ and [ype of parking spaces on a rectangularly-shaped parcel of land conslsting of approxlmately 7.7 acres having a f~ontage of approximately 551 feet on the west side of llagnolia Avenue~ having a maximum depth of approxlmately 605 feet and being located approximately 325 feet north of the cen[erline of Lincoln Avenue; and does hcreby approve Che NegatTve Oeclaration from the requirement to prepare an envlronmental impact repore on the basis that there would be no significanL individual or cumulative adverse envlronmental impact due to the approval of this Negative DeclaratTo~ since the AnaheTm Ceneral Plan designates the subject pro~erty for parochial school site/medlum density residential land uses cammensurate with the proposal; that nu sensltiva enviranmental tmpacts are Involved in the proposal; that -2- PC78-77 the In(tial Study submitted by thc pe[itioncr indfcates no significant indlviJual or cumulative adverse envtronmental impacts; and that the Negatlve Declaration substantiating the foregoing findtngs is on file in thc City of Anaheim Pianning Ocpartment. NOW. TIIEREFORE, BE IT RESOLVED [h~t thc Anahelm City Planni~q Commission does hereby grant subject Pett!~on for Reclassificatlon and, by so doinq~ that Ti[le 18-Zoning of the Anahelm Hunictpal Code be amended to exclude the above-described property from the RS-A-43,OOQ (RESIDENTIAL/AGRICULTURAL) 20N~ and to incorporate said described property (nto the RN-4000 (RESIDEtITIAL, N~LTIPLE-FA~ILY} ZO~IE uFon the following conditions whicf are hereby found to he a necessary prerequisite to the proposed usc of subject property in order [o preserve the safety and general welfare of the Cittzens of thc City of Anahelm: 1. That all enginecring requiremcn[s of the City of Anahefm along Magnolia Avenue including preparati•.n of improvement plans and tnstallation af all improvements such as curbs and gutters. sidewalks. street grading and paving~ drainagc facilicies or othcr appurienant vror'~~ shall be complied with as rcquired by the City Engtneer and in accordance with scandard plans and ~pecifica[tons on file in the Office of the City Engineer; that street lighting facilitles alonq Magnolia Avenue shall be installed prior to final building inspcctions unless otherwisc approved by ihe Oirector of Public Utilities, and in accordance Nith standard specificatlons on file in the Office of the Olrector of Public Utilities; and/or that a bond. eertificatc of deposit, iettcr of credit, or cash. in an anount and form satisfactory to thc City of Anahel~n shall bc posted wTth thc City to guarantce the instaitation of the ~bove-mentioned reauirements prior to fin~l occupancy. 2. That thc owncr(s) of subject pronerty shail aay to thc City of Anaheim the sum of ~5 cents per front foot along ya~nolla Avcnue for tre~ planting ourposes. 3, That trash stora~e areas shall be provided in accordance with approved plans on file with thc Offica of thc Director of Public Works. 4, Th~t fi~e hy~r~r~ts sheit ~e irs[~SiNJ and chargnJ bs required and de;ermined to be necessary by the Chief of the Fire Department prlor to commencement of structural fr~ming. 5. That su~Ject property shall be sc~ved by underground u[ili[ies. 6. Tha[ a(-fooc ~~igh ~~wsunry rwll si~all be constructed along the ~orth property line and that an 8-foot high masonry rwil shall be cons[ructed along ihe wcst propcrty line. 7, 7hat draTnage of subJcct property shall be disposed of in a manner satisf~ctory co the LTty E~gineer. 8. That the awner of subjcct property shall pay to the City of Anahelm the approprlatc park and recreation in-licu fecs as dctermined to be approDrtate 6y the City Council~ said fces co be paTd at the tlRe the bulldfng permit is Issued. 9. That a modifted cul-de-sac shall be provtded at the terminus of Yale Avenue subJect to thc approval of the City Engtneer, 10. That the approprtate water assessment fees as deteneined by the DTrector of Publ~c Utilltles shall be pnid to the C~ty of Anaheim prtor to thn issuance of a buTiding permit. -3- PC7g-77 it. 1'hat the developer(s) of subJact property providr for emergency fire acr.ess to all units withtn the proJec[ as approved by the fire Chief~ and that satd ~dequate on-site circulation may be provided by a suitable through access for emergency vehicles~ as stipulated to by the petitioner, or if such an emergnecy access system cannot be provided~ the flre Department has the optfon of requiring an eight (8) foot high solid gate for emergency vehicle access from Yale Avenue; provided that any modiftcation to the tnterlor circulatlon plan as presented to the Planning Commisslon shall be reviewed by the Plannina Cornr+ission prior to the lssuancc of a building pcrmit. 12. That a median shatl be provided in Magnolia Avenue to control left-turn traffic movements onto subJect property, as approved by the Ctty Traffic Engi~eer. 13. That thc developer(s) of subject propcrty shall provide and maintain a bicycle trail genernlly paralleling the Carbon Creek Channel as approved by the City Traffic Engincer. 14. Prior to the introduction of an ordTnance rezorting subject property, CondTtion Nos. 1 and 2, ahove-mentioned, shall be completed. The provtsions or rights granied by Lhis resolution shall become null and void by action of the Planning Lommission unless said conditions are conplied wtth wi[hin one year from the date hcreof. or such further timc as thc Planni~g Lommission may grant. 1~, 7hat Condition Nos. 3. 5. 6, 7, °. il, 12 and 13. above-mentioned. shall be ccxnplied wi[h prior to final buildinc~ onJ zoninq insvections. THE FOREGOING RESOLUTION is signed and approved by me thts 24ch day of April, 1?1~. vv C.A1 , 17, ANAHEI"1 CI PLAN`IING CO?1MISSION ATTE~T; ~.~•.~ ~1.° ~-~,.~:, SECREThRY~ ANAIIEIM CIgY ~LANNING C MMISSION STATE OF CALIFOP.NIA ) COllil7Y OF ORAt~GE ) ss. C ITY OF At~AHE IM ) 1. Edith L. Harrts. Secretary of thc Anaheim Lity Planning Commisslon, do he~eby certify that the foregolrtg resolution -~as passed and adopted at a mcetT~g of thc Anaheim ti[y Planning Cor.waission held on April 2~i, 137~, ~t 1:30 p.m.. by the following votc of che members thereof; AYES: COMMISSIONERS: BARNES, DAVID~ HERBST, KING, TOLAR NOES: C04MISSIONERS: NQNE ABSENT: COri`t I SS t Ot1ER5: JOHNSON ~ L I ~IN IN WITNESS WHEREOF, 1 havc hereunto set my hand this 24th day of Aprtl. 1978. ~c~~~. .t~ Idd/~•- SECRETARY~ AftAHEIH CITY PLANNING COHMISSION -4- PC7II-77