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PC 79-40RESOLUTIQN N~. PC79-~+~ A RESOLUT IOt7 OF THE At7AH[ IM C ITY PLAP~!21tlG CO't'i 15S 10N THI1T PETITIOti FOR RECLASSIFICATIOr1 N0. 7F-7a-7.^ BE GRAFITED. NFIEREAS, the Anaheim Clty Pianning Commission did receive a verified petition for Reclassification from ERtIEST A. AND D~";NA J. BROIfJ, .'.274 South Lewls Strcet, Anahelm, California 92E~2, awners, an~J INVESTQRS DEVELOPMENT OF ORANGE COU~~TY, INC., 1345 North Grand Avenue, Santa Ana, Californla 927~1, agent, of certain real pronerty situated in [tie Clty of Anaheim, Lounty of Orange, State of California, describe:a as: That pcrtion of the Southcast auartcr of Secilon 2E, in Township it South, Ranae 10 `dest, in the Rancho San Juan LaJon de Santa Ana, City of Anahelm, ~s shown on a nap thereof recorded in book 51, page 7, et seq., Miscellanaous Naps, records o` said Orange County, described as folloun: Reginnin~ at a poin[ in the West line of said Southeas[ quarter, distant thereaf South ~° 0~+' West 1353 feet from the N~rthwest corner of said Southeast quarter, said paint being also the Southwest corner of the land described in [hc decd to John T. Saulsbery and wife, filed Novenber Q, 1°33, as docur~ent No. 23~+~, i~ the office of the Reqistrar of Titles of said Orange County: And runniny [tiencc !lor[h 720 54' East along thr Southerly line of said land conveyed to Saulsbery 253 feet; thence North 3~1° 17~ 20" Nes[ 1n2.°7 feet; [hence South 7'!° ~R' 4~" b.'es[ 13~•73 feet to ihe uesterly line of said So~theast quarter; thence South (1° 04' 4lest aloncl s~id '.;esterly line, ~3~.Z7 fee[ tc~ the poin[ of beginning. NFiEREAS, the City Planning CorJnission did hold a public hearing at the Ci[y Hall in the City of Anaheim on Fet~ruary 2F, 1Q79, at 1:3~ P.m., no*ice of said public hearing having been duly given as required by lar+ and in accordance with [he provislons of the Anahelm Municipal Code, Chapter 1R.~3, to hear and consider evidence °or and agains[ said nroposed reclassifica[lon and to investiga[e and make findin95 and recommenda[ions in connec[ion chcre~ri[h; anu Wt~EREAS, said Cornnisslon, after due inspection, investigatlon and study made by itself and in its behalf, and af[er due consideratton of all evidence and reports offered at said hearing, does find and decermine the folloaiin9 facts: 1. Tha[ the petitioner proposes reclassiffcation of subject property from *.he RS-A-43.000 (Residential/Agricultural) to the RM-120~ (Residenttat, Multiple- Family) Zone. 2, That [he Anaheim General Plan deslgnates subject oroperty for medium density residential land uses. 3. That the proposed reclassification is hereby granted subJect to the conditlan that a minimum 75-foot long "no parkl~g" area be provided along Lewis Stree[ adJacent to the subject property to provlde for ad^quate trash pick-up, or that a satisfactory agreement be made by the petitioner with the Streets and PC79-40 Sanitation Division to post the area for "no parkin9" on trash ~Ick-up days in order that adeG~ate trash collection can be mai~tained. 4, That the proposed reclassification of subJect property is necessary and/or desirable for the orderly and propcr development of [he community. 5, That the proposed reclassifica[ion of suhJect property does properly relaie to the zones and their pernltted uses locally established in close proxtmlty to si:bject property and to the zo~es ar~d [tieir pcrnittcd uses generally established [hroughout [he comrnunity. 6, ThaC the proposed reclassification of subJect property requlres the dedicatton and improvement of abutting s[reets in accordancr_ with the Circulatton Element of the General Plan, due to the an[icipated lncrease in traffic wh?ch will be generated by the intensification of land use. 7, That no one indicated thelr presence a[ said public hearing in opposition; and thaL no correspondence was received in opposition to the subject petition. EtIVIRONME"~TAL IMPACT FltlDItIG: That the Anahein City Planninq Lommission has reviewed the proposal to reclassi`y subject property from the RS-1~-43,000 (Residential/Agricultural) to the RH-12~~ (P.esidenital, MultiP1enF~^~acreZhavinn aa irregularly-shaped parcel of land consis[in~ of apnroxlmately ~ 9 frontage of approximatcly 1'~ feet on thc east sidc of Ler.~is S[rcet, having a maxlmum depth of approxima[ely 217 feet, being located approxinately 1160 feet south of the centerline of OrangewooJ Avenue; and does herehy anprove the Negative Declaration fro~ the renulrenent [o prepare an environmental imp~ct report on the basis that there ~~+ould be no significant individual or cumulative adverse environmentat inaact due to the approval of this Negative Declaration since th~ Anaheim General Plan designates the subjecY property for medium density residentlal land uses c~++merssur~te with the proposal; that no sensitive environmental impacts are involved in the proposal; that the I~itial Study submitted by the petitioner indicates no significant individual or cumulative advers~ environmental inpacts; and [hat the ttegaiivc Declaration substanilatina the f~reqoinq findings ts on file in thc City of Anaheim Plannin9 Department. f~OW, T}iEREFORE, BE IT RESOLVEO tha* Lfic llnaheim City Planning Commission does hereby grant subjec[ Petition for Reciassific~tion and, by so doing, that Title 13-Zoning of the An~heim Mun?cipal Lode be amended to exctude the above-described property from the RS-A-4;,000 (RESIDEI~TIAL/A~RICULTURAL) ZONE and to incorpora[e said described property into the RM-1200 (RESIDENTIAL, "1ULTIPLE-FAMILY) ZONF. upon the followtn9 conditions which are hereby found to be a necessary prerequisite to the proposed use of subJect property in order to preserve the safety and 9eneral welfare of the Citizens of the City of Anaheim: 1. That [he owner(s) of subject property shall deed to the City of Anahetm a strip of land 35 feet in ~ridth fram the centerline of [he street along Lewts Stree[ for street widening purposes. 2, That all c~gineering requirements of the City of Anaheim alon9 Lewis Strect including preparatlon of improvement plans and installation of all improvements such as curbs and gutters. stdewalks, street grading and pavtng, -2- PC79-40 drai~age facilitics or other appurtenant work, shall be canplicd with as required by the Clty Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Lewls Street shall be lns[alled prior to iii~al building and zoning inspec[tons unless otherwise approved by the Director of Pubitc Utili[ies, and in accordance wi[h standard specifications on file in the Office of the Director of Publtc Utillties; and/or that a bond, certificate of deposi[, letter of credit, or cash, in an amount and form satisfactory to the City of Anahelm shall be posted ~~ith the City to guarantee the installation of the above-menttoned requirements. 3. That the oarner(s) of subject propcrty shall pay to the Lity of Anaheim the sum of ni~ety-five ~95E) cents per fron[ foot along Lewis Street for tree plantln9 purposes. 4, That trash storage areas shall be provid~d (n accordance wtth approved plans on file with the Offlce of the Direc[or of Public Nor~s. 5. That a mininum 75-foo[ long "no parking" area shail he provided along Le~ais Street acljacen[ to the subJect proper[y [o provide for adeauate trash pick-up, or thaC a satisfac[ory agreement shall be nidc by [he petltioner M~ith the Streets and 5an1[atlon Dtvision to pos[ said area for "no parkinG" on trash plck-up days. 6, That fire hydrants shall be fnstalle~l and charged as required and determ(ned [o be necessary by the Chie` of the Fire Deoar[Tent Drlor to cormencement of structural `raming. 7, That subject property shall he scrved Fy underground utilitfes. 8. Tha[ drainaqc of subject pronerty sh~ll be disposed o` in a manner satisfactory to [he City En,fneer. 9. That thc owner{s) of subJect ~ruoerty shill piy to the Ci[y of Anaheim the approprlatc park and recreation in-Ifeu fees as determined to be appropriate by Che City Council, said fees to be paid at the time the bullding permit is issued. 10. That the rn•rner(s) of subject property shall pay the [raffic signal assessment fee (Ordinance No. 3896) amounting to 535.00 per each new dwelling unit prior to [he issuance of a building permi[. 11. That a 6-root high masonry arall shall be constructed along the north, easC and south property l(nes. 12. Prior to the introduction of an ordtnance rezoning subject property, Condition Nos. 1, 2 a~d 3, above-mentioned, shall bc compieted. The provisions or riyhts granted by this resolution shall become null and vold by action of the Planning Commission unless sald canditions are complted with o~ithin one year from the date hereof, or such furthcr Ltne as the Pianning Lommission may grant. 13. That Condit(on Nos. 4, 5, 7, 8 and 11, above-menttoned~ shall be complied with prior to final building a~d zoning inspections. BE IT fURTNER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution ts expressly predicated upon -3- PC79-40 dratnage facilitles or other appurtenant work, shall be complfed wtth as requtred by Lhe City Enginecr and in accordance with standard plans and specificat.tons on file in the Office of the City Engineer; that street lighting facilities along Lewis Street shall be installed prior to final building and zoning Inspections unless otherwise approved by the Director of Public Ut~litfes, and in accordance ~ith standard speciftca[fons on ftle in the Office of the Dlrector of Public Utiltties; and/or that a bond, certiflcate of deposit, letter of credit, or cash, in an amount and form satisfactory to [he City of Anahelm shall be posted with thc C(Cy to guarantee the Ins[allation of the above-mentioned requlremcnts. 3. That the oo-rner(s} of subject property shall p~y ta the City of Anahe(m the sum of nlnety-fivc (95L) cents per fron[ foo[ along LewTs Sereet for tree planting purposes. 4, That trash siorage arens shall be provlded in accordance with approved plans on file with the Office of [he Oirector of Puhlic Norks. 5. Tha[ a mintnum 75-foot long "no parkin9" area shall he provided along Lewis Street adjacent to [he subject property to provide for adequate trash pick-up, or that a sa[isfactory agreemcnt stiall be midc by Yhe petitloner with the Streets and Sanlta[ion ~tvision [c pos[ said area for "no parking" on trash pick-up days. 6, That fire hydrants shall be installe~ and charged as required and determined to be necessary by the Chief of the Firr_ Deoar[~ent ori~r [o conmencement of structural framing. 7, That subject property shal) he served hy under~round utilities. S, Tha[ draina9e of subJect propercy shall be disp~sed of in a manner satisfactory to thc City En9lnecr. 9. That the owncr(s) of subject property shall ony to thc City of Anahefm the approprlate par~ and recreation in-lieu fees as de[ermined to bc apProprtate by the Ci[y Council, said fees [o be paid at thc time Che bulldin9 permtt fs issued. 10. 7hat the a•rner(s) of subject property shall ~ay the [raff(c signa) assess~ent fee (Ordinance N~. 3896) amountin9 to $35.~0 pcr cach new drrclling untt prior [o the issuance of a 6uildin9 permtt. 11. That a G-foot high masonry riall shall be cons[ructed alonq the north, eas[ and south property lines. 12. Prlor to the introductlon of an ordinance re~oni~q subject property, Condition Nos. i, 2 and 3~ above-mentioned, shall be completed, The provistons or rights granted by this resolution shall become null and votu by action of the Planning Commission unless said conditions are complied wlth wtthfn one year from the datc hereof, or such further time as the Plannin9 Commissfon may grant, l3. 7hat Condltion Nos. ~+, 5, 7, ~ and il, ihove-mentioned, shall be conplied wi[h prior to flnal building and zoning inspactions. PE IT FURTNER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of thls Resolutton ts expressly predicated upon _3_ PC7~-4o applicant's compliance wtth each and all of the conditions hereinabove set forth. Should any such condttton, or any part thereof, be declared invalid or unenforceable by [he final Judgment of any court of competent Jur(sdiction, then this Resolution, and any approvals herein contained, shall be decmed null and void. TNE FOREGOING RESOLUTI01{ is signed and approved by me thls 26[ti day of February. 1979. CHA M, ANA E. PLAN NG COMMISSION AT7EST: ~ ~. ,~ -~.,,,..:.. SECRETARY, ANAfiEIM CITY P~ANNIkG GOMt115510lJ STATE OF LALIFORHIA ) COUNTY Of ORANGE ) ss. CITY OF ANAN[IM ) I, Edith L. Harris, Secrctary uf the Anaheim City Planning Ca;nission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahelm City Planning Conmission held on February 2F, 1~74, at 1:3~ p.m,, by the following vote of the members thereof: AYES: COHMISSIONERS: BARNES, P.USHORF, DAVID, NEP.BST, JQH!IS~~l, KI!!:, TOLAP, NOES: COPIMISSIO~lERS: NOt~E aDSE~lT: CO`1M I SS I ONE25: NO`~E I~1 WITNESS blF1EREOF, I havc hercunto set my fiand tliis ?fth day of February. t97°. `G a~, ,?° ~a-v~.~:.. SELRETARY, AMAHEIM CITY PLAPJN~~fG COMMISSION -4- PC79-40