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PC 80-12RESOLUTION NO. PC8n -12 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 79 -80 -22 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from TERRY KEITH POCOCK, 1735 West Katella Avenue, Orange, California 92667, and CITY OF ANAHEIM, 204 East Lincoln Avenue, Anaheim; California, 92805, owners, and MICHAEL T. COLLINS AND JOHN J. KOGLER, 1400 N. Bristol Street, Suite 245, Newport Beach, California 92660, agents, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows; That portion of Lot 23 of "Anaheim Extension ", as shown on a Map of Survey made by Wm. Hamel on file in the office of the County Recorder of Los Angeles County, California, described as follows: Beginning at a point on the Westerly line of said Lot 28, said point being South 15 deg. 38' 25" East 562.00 feet from the Northwesterly corner of said Lot 28; thence continuing along said Westerly line South 15 deg. 38' 25" East 225.41 feet; thence South 70 deg. 51' 19" East 127.87 feet; thence South 85 deg. 22' 37" East 66.48 feet to the Westerly prolongation of that certain course in the deed to the City of Anaheim, recorded April 14, 1977 in Book 12147, Page 226 of Official Records of Orange County, California, having a hearing of South 85 dea. 58' 53" West and a length of 224.77 feet; thence along said Westerly prolongation North 85 deg. 58' 53" East 150.59 feet to the Westerly terminus of said course; thence along the Southwesterly line of said deed to the City of Anaheim North 71 deg. 11' 28" West 166.55 feet and North 46 deg. 31' 21" West 299.28 feet to a line parallel with the Northerly line of said Lot 28 that passes through the point of beginning; thence along said parallel line South 74 deg. 26' 40" West 23.66 feet to the point of beginning; and That portion of Lot 23 of Anaheim Extension, as shown on a Map of Survey made by William Hamel, filed in book 3, pages 163 to 165, inclusive of Miscellaneous Records, in the office of the County Recorder of Los Angeles County, California, and that portion of the Easterly half of Citron Street as shown on said Map vacated by Order of the Board of Supervisors of the County of Orange on May 7, 1913, described as follows: Beginning at a point in the Easterly line of the land described in the deed to the State of California (1100) recorded in book 2620, page 240 of Official Records, in the office of the County Recorder of said County of Orange, distant thereon South 16 degrees 47' 10" East, 452.00 feet from the Northerly terminus of said line; thence North 78 degrees 04' 54" West, 30.51 feet; thence North 45 degrees 24' 33" West, 17.24 feet; thence North 19 degrees 55' 46" West 82.53 feet to a tangent curve concave Southwesterly having a radius of 149.00 feet; thence along said curve Northwesterly through an angle of 74 degrees 05' 21 ", an arc distance of 192.67 feet; thence South 85 degrees 53' 53" West, 224.77 feet' thence North 71 decrees 11' 28" West, 166.55 feet; thence North 46 degrees 31' 21" West, 299.88 feet to the Northerly line of that certain parcel of land described in deed (1097) to the State of California recorded in book 2789, page 445 of Official Records, in last said office; thence along said Northerly line North 74 degrees 26' 40" East, 355.09 feet to the Easterly line of the land described in said deed recorded in book 2789, page 445; thence along last said Easterly line, South 15 degrees 37' 30" East, 190.06 feet to the Northwesterly corner of that certain 10.29 acre parcel of land described in deed recorded in book 258, page 332 of Deeds, in last said office; thence along the Northerly line of said certain parcel North 74 degrees 27' 35" East, 307.69 feet to said Easterly line of the land described in said deed recorded in book 2680, page 240; thence along last said Easterly line South 16 degrees 47' 10" East, 452.00 feet to the point of beginning. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on January 14, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the RS -A- 43,000 (Residential /Agricultural) Zone to the RM- 3000 (Residential, Multiple- Family) Zone. 2. That the proposed reclassification of subject property is hereby granted subject to the condition that prior to the introduction of an ordinance rezoning subject property, the applicant shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915, et seq., to guarantee that the maximum sale price of not less than eighteen (18) units shall qualify as low and moderate cost housing pursuant to terms by the City of Anaheim Housing and Neighborhood Preservation Department. 3. That although the Anaheim General Plan designates subject property for commercial recreational land uses, General Plan Amendment No. 156 to amend that designation to medium density - residential land uses is currently under consideration and subject reclassification would be in conformance with the Anaheim General Plan as it is proposed to be amended. 4. That the proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. -2- PC80 -12 6. That one person indicated his presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS -A- 43,000 (Residential /Agricultural) Zone to the RM -3000 (Residential, Multiple- Family) Zone to construct an 86 -unit condominium complex with waivers of minimum building site area per dwelling unit, maximum building height, maximum site coverage, minimum floor area, minimum recreational- leisure area, minimum number of parking spaces, required parking space location, and structural setback on an irregularly- shaped parcel of land consisting of approximately 4.49 acres located at the southerly terminus of Citron Street approximately 560 feet south of Vermont Avenue, having a frontage of approximately 370 feet on the south side of the public alley and a maximum depth of approximately 480 feet; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the hasis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial recreation land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, DE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 18- Zoning of the Anaheim Municipal Code be amended to exclude the above - described property from the RS- A- 43,000 (RESIDENTIAL /AGRICULTURAL) ZONE and to incorporate said described property into the RN-3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 2. That subject property shall be served by underground utilities. 3. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 4. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 5. That a minimum 6 -foot high masonry wall shall be constructed along the north property line adjacent to the public alley, the east property line abutting commercial - recreational uses, and the southwesterly property line abutting the freeway and freeway on-ramp, provided that no wall shall be required in locations where buildings abut the property lines. -3- PC80 -12 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 7. That prior to the introduction of an ordinacne rezoning subject property, the applicant shall enter into an agreement with the City of Anaheim pursuant to Government to Government Code Section 65915 et seq., to guarantee that maximum sale price of not less than eighteen (18) units shall qualify as low and moderate cost housingpursuant to terms established by the City of Anaheim Housing and Neighborhood Preservation Department. 8. That Condition Nos. 2, 5 and 6, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TEIE FOREGOING RESOLUTION is signed and approved by me this 14th day of January, 1980. ATTEST: oiLLiCk 1 Afebt SECRETARY, ANAHEIM CITY PLANNING COMMISSION] STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM CHAIRMAN, ANAHE M CITY PLANNING COMMISSION I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 14, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE 1980. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC80 -12