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PC 79-128r t: RESOLUTION N0. PC79'1Z8 A RESOLUT I ON OF THE At1AHE I M C ITY PLANf~ 1!fG COH.Y I 5510~I THAT PETITIO!1 FOR RECLASSIFICATION N0. 78-7^-43 GRAtITED. WFIEREAS, the Anaheim City Planning Cortimission did recelve a vcrifted petftion for Reclassifica[ion from ALFRED ~. PAINO A1~0 JOSEPHIt1E PAIf10, 711 South 8each Boulevard, A~aheim, California ?2Q~4, owners, and G. D. GA?DNER c ASSOCIATES, 2404-B Glasscll Strec[, Orange, California 92E65, agen[. of certain rea) property situated in the City of Anahetm, County of Orange, Statc of California, described as follows: That portion of the Northeast quartcr of the Southcast quarter of Section 14, in Township ~+ Souih, Range 11 West, in the Rancho los Coyotes. shown as Parcel B on a Nap recorded in Book 12, page 3-~ of Parcel Maps, records of sald Orange County. WHEREAS. the City Planning Commissian did schedulc a publlc hcaring at the City Hall in the Clty of Anaheim on Nay 7. 1~79, at 1:30 p.n.. notice of said public hearing having heen duly given as required by law and in accordance Hith the provisions of the Anahefm Munlcipal Code. Ghapter 18.03. [o hear and consider evldence for and against said proposed reclassification and to investigate and make findings and recomaendations ln connectfon therewith; said pubiic hearing having been continued to the Planning tom Ission meeting of July 2, iq79; and 41HEREAS~ said Cormission after due inspection, invest(ga[ton and study made by itseif and in its behalf. and after due consideratlon of ali evidence and reports offcred at said heartng, does find anJ determine the following faccs: 1. That the petittoner proposes reclassification of subJect property from the CL (Conrnercial. Limited) 2one to Lhe RS-7200 (Residenttal, Single-Famlly) Zone. 2. That the Anahcim General Plan designates subJect property for medturr, density residentiai iand uses. 3. That ifie proposed reclasst`icatton of subJect property Is necessary and/or desirable for the orderly and proper develo,~nenc of the community. 4. Tha[ the proposed reclasslftca[lon of subJect property does properly relate to thc zones and their permTtted uses locally estabitshed in closc proximity to subject property and to the zones and thelr permTttcd uses generally established chroughout the communlty. 5. That the proposed reclasslfication of subJect property requires the dedication and improvement of abutting streets in accordance Hith the CTrculation Element of the General Plan, due to the anttcipated Increase in traffTc Nhtch will be generated by the fntensificatlon of land use. 6. That no one indicated thetr presence at sald public heartng Tn opposition; and that no correspondence Has recelved In opposltlon to the SubJecL petitTon, Pt79-128 ENVIRONMENTAL IMPACT Fzt101~IG: Tha[ the Anahci~ City Planning Cor*+ission has rev(ewed ihe praposa to rec ass ty suhject property frm CL (Corrercial~ Limited) to RS-7200 (P,esidential~ Singlc-FanTiy) zonln9 and to cstabllsh two residentlal lots With Haivcrs of maxlmu~ ~a:i height and nlnimum lot arca on Portion A of subJect propcrty consisting of approxima[cty O.i acre. having a frontaoc of approximatcly 140 fect on thc cast sidc of Hayward Street. having a nwximun depth of approxTmately 1C~ feet and being located approxtmatety 1190 feet souch of tfie centerlTne of Orange Avenuc; and to permit a ba[t(ng cagc and recreational complcx with a walver of maximum structura) height on Portion B of subject property censistin9 of approximately 1.0 acrc. having a fron[age of approximately 140 fee[ on the ~+es[ stde of Qeach Boulcvard, havfn9 a naximu~ Jepth of approxinattly 3~2 fect, being loca[ed approxirw[ely 1190 fcet souch of thc centerlinc of Orange Avenuc. and dces hereby approvc tl~e ttegativc Dcclaration from the rcquirement to p~eparc an environmental inpact report on [hc basis that there ~rould be no signifitant i~dividual or cumula[ivc adverse environmental impact duc to the approval of thls Ncgative Declaration sTnce the Anaheim General Plan designates the subjece property for nedium density residentfal and 9encral cormercial land uses conncnsurate Hltfi thc proposal; that no sensitive environmental impacts are invalved in che proposai: that the Inttial Study submitted by the peticioner indicates no significant individual or cunulativc advcrsc environmentai inPacts; ~~d that thc ~~eg~tlve Declaration substantiatin9 ihe foregoing findings is on file in the City of Anahein Planning Departnen[. NON. 7HEREfORE. BE IT RESOLYED tfiat thc Anahclm Ci[y Planning Conmisston does hcreby yrsnt zubject PecItian `ar .°.cclasstf~caclon ~nd. hy so dot~g. that Title 1C-Zoning of the Anah~in yunicipal Code be amended [o exclu~e [he above-descrTbed property from the Cl (COMHEP.CIAL, LIy~TEO) Z01iE and to Incorporate said describcd property into thc K~~72~0 (RESIDE4TIAL. SItJ~LC-fAJ11LY) 20~tE upon the folla+ing conditions Ntiich are hereby found to be a necessary prerequtstte :o the DroDOS~d use of subjcct propcrty in order to preserve the safety and gcneral wcifare of thc Cit{zcns of the City of Anaheim: t. That a11 cngincering requirerx~ts of thc Clty of Anahcin along Hayrrard Strect including prepara[lon of inprovement plans and installation of all improve,:~eats s;~e4 a. eurts and ~~~LL^rs~ stdc.eal4s, stror_t gradTng and paving. drainage facilTties or ~ther appurtenant ~+ork, zhall be comPlTed .+ith as required by the City Engineer and ln accordance with standard plans and specfficatlons on ftle in the Officc of thc City Enginecr;or that a bond. certificate of deposit. letter of credTt. or cash, in an ar,ount and form satTsfactory to the City oF Anaheim shall be posted with the City to guarantee thc installation of the abovc-mentloned requirements prior to occupancy. 2. 7hat [he arner(s) of subject property shati p~y Lo [hc City of Anahefm a fec. tn an ar.wunt as dctermTned by the C1cY Council. for street 11ghtTng along Hayward Strcct. 3. That the owner{s) of subJect property shall pay to the CTty of Anahelm a fce. in ~n amount as determined by thc Lity Councii. for tree planting purposes along Hayuard Strect. 4. That a parcel map. to record the approved divisTon of sub,)ect property shall bc subnittcd to and approved Qy the C1ty of Anahcim and thcn bc recorded In the offfce of the Orange County Rec~rder for the proposed residential lots. -2- P!'79-128 ~ • __ ; " ~, f ~ .. _,, 5. That the owncr of subject property shall pay to the Ctty of Anahetm the appro~riatP park and recreatton in-lieu fees as determined to be approprtate by the Ctty Gouncil, said fees to be paid at the time the buiiding permit is issued. b. That the aHner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3a96) in an amount as determined by the Lity Council, for each new dweiling unit priar to the issuance of a building permit. 7. That the owner(s) of subject property shall abtain access rights along Hayward Strcet. 9. Prior to [he intreductlo~ of an ordinance rezoning subJect property, Condition Nos. 2. 3, 4, 7 and 8, above-mentioned, shall be completed. The provTsions or rights granted 6y this resolution shall become null and void by action of the Planning Commission unless said conditions are cor~plied with within one year from the date hereof, or such further time as the Planning Cocm;+ission may grant. BE IT FURTHER RESOLVED chat the Anaheim City Planning Cortmtssion does hereby find and de[ermine that adoption of this Resolution is e;cpressly predicated upon applicant's compliance wlth each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the ffnal judgmen[ of any cour[ of competent Jurisdiction, then thfs Resolution, and any approvals herefn contained, shali be deemed nu;l and void. TFIE FOREGOING RESOLUTION Is signed and approved by ne this 2nd day of July, 1979• ~ NAN, t!A E 1 Y L tJN 1 HG COMM I SS I ON ATTEST: ~~ ~ 7~;, SECRETARY~ ANAHtIM CITY PLAt~~~ING COMMISSiON SiATE 4F CP.~lF4P.MlA ) COU~~TY OF ORANGE ) ss. CITY OF ANANEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify ihat the foregoing resolution was passed and adopted at a meeting of ctie Anahelm City Planning Commission held on July 2, T97~~ by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE~ DAVID, FRY~ HERBST~ KING~ TGLAR NOES: COtiM1S510NERS: NONE ABSENT: COMMISSIONERS: NO~IE It~ WITNESS WHEREOF, I have hereunto set my hand this 2nd day of July~ 197g, ~ d.cefi~~ SECRETARY~ ANAHEIM CIT LANNING LONM SSION -3- Pc79-i28