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PC 79-133~ . [ RESOLUTIO~t N0. PC79-133 A RESOLUT I OtJ Of TNE ANAtiE IM C ITY PLANN I NG CONIi I SS I ON THAT PETITION FOR RECL/1SSIFICATION N0. 79-80-1 E3E GP,ANTED. UHEREAS, the Anaheim City Planning Commission did recelve a verified petttion for Reclassification from CORNELIUS W. DE iiUYTER AND MARY ALILE DE RUYTER, 530 Colgate Street, Anaheim, California 92801, owners, and SHIH-CHU~1G YU, 2518 South Whitehead l.ane, Hacienda Hei9hts, California ?1745, agent, of certain real proper[y situated tn the City of Anahelm, County of Orange, State of Californta. descrlbed as follows: PARLEL 2: THAT PORTION OF THE NEST H/',LF OF THE NORTNEAST QUARTER OF tHE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SELTION 18, TOWNSHIP 4 SOUTH, RA~lGE 10 41EST, IN TNE CITY OF ANAIIEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECOROED IN ~OOY. 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFfICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOIlS: b~GINNING AT THE NORTNEAST CORNER OF SAID WEST HALF; THENCE Sl?UTH 0° 07' 36" EAST, 66.01 FEET; THENCE SOUTH E9° 56' 00" WEST 30.OD FEET TO THE TRUE P01`JT OF BEGINNING; THENC'c SOUTH O° 07' 36''' EAST, 278.00 FEET; THErlCE SDUTH 88° 58' 00" WEST, 163.98 FEET; THENCE NORTH 0° 07' S4" Nest. 278.00 FEET; 7HEt~CE NORTH 88° 58' 00" EAST 1E4.00 FEET TO TIiE TRUE POINT OF BEGINNI~dG. EXCEPTING THEREFROH TNE NORTHERLY 178.00 FEET. WHEP.EAS, the City Planning Lanmission did hold a public hearing at the City Hail in the Lity of Anaheim on July 2, 1?79, at 1:30 p.m., notEce of said pubiic hearing havtng been duly given as required by law and in accordance with the provisions of the Anaheim Fiunicipal Code, Chapter 18.03, Lo hear and consider evidence for and against said pro~osed reclassification and to investigate and make findtngs and recommendations in connection therewith; and WHEREAS, said Comnission, after duc inspection, inves[igatlon and study made by itseff and in Its behali, and after due consideration of ail evidence and reporLs offered at said hearing, docs find and determine the followtng fac[s: t. That the petitioner proposes reclassification of subJect property from Che RS-A-G3,000 (Residenttal/Agricul[ural) Zone [o the f~M-1200 (Residential, MulCiple-Family) 2one. 2. 7hat the AnaFeim General Plan designates subJect property for medium denstty residentiai land uses. 3. That the proposed reclassification of subJect proper[y Ts necessary and/or desirable for the or;ier'ly and proper development of the community. 4, That the proposed reclassification of subject property does properly relate to the zones and their permttted uses locally established in ciose proximtty PC79-133 , t t; to subJecK property and to the zones and their permicted uses generaliy established throughout the community. 5, That no one indicated their presence a[ said public hearing Tn opposition; and that no correspondence vras received in opposition to the subJect petition. ENVIRONMENTAL It1PACT FINDING: That the Anaheim Lity Planning Commission has reviewed the proposal to rec assify subJect property from the P.S-A-43,000 (Residential/Agricultural) Zone to the RM-1200 (Residential, Hultiple-Family) Zone to construct an 8-unit apartment complex with waiver of requirement that all lots abut a public street on a rectangularly-shaped parcel of land consisting of approximately 0.4 acres, located southwest of the intersectfon of Lincoln Avenue and Brookhurst Street, being approximately 24tE feet south of the centerline of Lincoln Avenue and 400 feet rrest of [he centcrline of arookhurst Street, having a maximum depth of 100 fee[; and does hereby approve the Negative Declaration from the requirement to prepare an envfronmental tmpact report on the basis that there would be no significant tndividual or cumulative adverse environmental impact due to the approval of this Negative Declaratlon since the Anaheim General Plan designates the subjeci property for medium density residential land uses commensurate wfth the proposal; that no sensitive environmental impaccs are involved in the proposal; that the Initial Study submitted by the peti[ioner indicates no significan[ fndtvidual or cumulative adverse environmenial impacts; and that the !le9ative Declaration substantiating the foregoi~g flndinos is on file in the City of Anaheim Planning Departmeni. NOW, TIiEREFOFE, BE IT RESOLVED that the AneheSm City Planning Canmission does hereby grant subJect Petitton for Reclassification and, by so doing, that Title 18-2oning of che Anahelm Municipal Code be amended to exclude [he above-described property from the RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) T0~1E and to incorporate said described property into the RN-1200 (RESIDENTIAL, MULTIPLE-FAMILY) ZOPIE upon the following conditlons which are hereby found to be a necessary prercqulsite to the proposed use of subject property in order to preserve [he safety and general welfare of the Citizens of the City of Anaheim: 1. That trasfi storage arcas shall ~e pro~ide~ fn accordance ~tth approved plans on file rrith the Office of the Olrector of Publlc Works. 2, That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of thc Fire ~e~artment prior to commencement of structural framtng. 3. Tfiat subject property shall be served by underground uLiltties. 4, That drainage of subJect pr~perty shall be disposed of Tn a manner sa[isfactory to the City Engineer. 5. In the event that subJect property ts to be divtded for Che purpose of sale, lease. or financing, a parcel map, to record the approved division of subject property shall be submltted to and approved by the Clty of Anahaim and then be reco~ded in the office of the Orange County Recorder. -2- PC7~-133 ~_..r , ~ 6. That the owner of subJect property shall pay to the City of Anahelm the appropriate park and recreatTon in-iteu fees as determtned to be approprta[e by the City Council, said fees to be patd at the time the building permit is issued. 7. That the owner(s) of subject property shall pay the traffic signal assr_ssment fee (Ordinance No. 3896) in an amount as determined by the City Counctl, for each new dwelling unlt prior to the issuance of a building permlt. 8. That a perpetual easement a9reement with the owner of the adJacent property to the norCh and east, providing for vehicular access and circulatTon of trash trucks from one parcei to the other, shall be submitted to the Ci[y Attorney's Office for review and approval and then be filed and recorded in the Office of the Orange County Recorder. 9. That the oo-m er(s) of subject property shall pay to the City of Anaheim a fee, in an amount as de[ermineJ by the City Council, for tree planting purposes along Lincoln Avenue. 10. Prior to the introduc~ton of an ordinance rezoning subJect property, Conditton Nos. S, $ and 9, above-mentioned, shall be completed. The ~rovisions or rights gran[ed by this resolution shall become null and vold by actlon of the Plannln9 Commission unless said conditions are complied with within one year fran the date hereof, or such further time as the Planning Commission may grant. 11. That Condition Nos. t, 3 and 4, above-mentioned. shall be complied with orior Co final building and zoning inspectlons. BE IT FURTHER RESQLVED that the Anaheim City Planning Camnission dces hereby find and determine that adoptlon of this ResoluLion Is ex~ressiy predicated upon applicant's compliance with each and all of the conditlons hereinabove set forth. Should any such conditlon, or any part thereof, be declared invatid or unenforceable by the final Judgment of any court of competeni jurisdictlon* then this Resolu[ton, and any approvals herein contained, shall b~ deemed null and votd. TlIE FOREGOING RESOIUTIQ~I is signed and approved by me this 2nd day of July, 1979• 1 , NE i Y A~~ NG COMM SS ON ATTEST: `~~.~r.~ a° ~~_ SECRETARY~ ANANEtM CITY PLAHNING CONMISSION _3_ PC7g-133 ~_.1~ `. ~ STATE OF CALIFOP.NIA ) COUNTY OF ORArIGE ) ss. CITY OF ANAHEIN ) I~ Edith L. Harris, Secretary of the Anaheim Clty Planning Canmisston, do hereby certify that the foregoing resotutlon was passed and adopted ~t a meeting of the Anahelm City Planning Commission held on July 2, 1979, by the following vote of the members thereof: AYES: COMMISSIOI~ERS: BARNES~ BUSHORE~ DAVID~ FRY~ HERBST, KING, TOLAR NOES: COMMISSIOPIERS: NONE ABSENT: COMMISSIONERS: NONE IN +,11TNES5 Wt1ERE0F~ I have hereu~to set my hand thts 2nd day af July, 197?. (e a~.C~ ~ • ~~~T~AR~,~NAHE H CfT La~~G COMMISSION -4- PC7?-133 :~~