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PC 80-169FE~OLUTION N0. PCu"0-16~ A RESOLUTIOPJ OF THE ANAHEIN CITY PLANPJING CO!1~11SSION THAT PETITIO~a FOR RECLA~SIFICATION N0. 80-81-~ BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassi`ication from TEXACO-ANAHEIPI NILLS, IPIC., 380 Anaheim Nills Road, Anaheim, California 92~07, ormer and EP,IK BER~, APIAHEIM HILLS, IMC., 380 Anaheim Hllls Road, Anaheim, California 92807, agent, of certain real property situated in the City of Anaheim, County of Oranqe, State of California, described as: THAT PORTION Of THE LAPJD ALLOTTED TO PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DECREE OF PARTITIODI OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 18G~, IN BOOY. "B" PAGE 410 OF JUCGMENTS OF THE DISTRICT COURT OF THE 17TH JIIDICIAL DISTRICT IM AND FOR LOS ANGELES COUNTY, CALIFORNIA, BEI~JG SUBDIVIDED AS TRACT NOS. 10y96, 1099% and 10~9~. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 3, ~930, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provistons 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; said public hearing having been contfnued to the Planning Commission meeting of October 6, 1900; and WHEREAS, said Commission. after due inspection, investiga[ion and study made by itself and in its behalf~ and after due consideration of all evidence and reports offered at sald hearing, does find and determtne the following facts: 1. That the petitioner proposes reclassificatian of subject property from the RS-A-43,000{SC) (Residential/fiqricultural, Scenic Corridor Overiayj Zone to the RS-HS-22~000(SC) (Res3dential~ Single-Family Hfllside - Scenic Corridor Overlay) and RS-HS-43,000(SC) (Residential, Single-Family Hillside - Scenic Corridor Overlay) Zones. 2. That th:e Anaheim General Plan designates subject property for htilside estate density and/or open space land uses. 3. That the propases reclassification of subject property is hereby granted subject to the following conditions: a. That there shall be no grading or constructton on the only known archeological site within the project, as ldentifled in Environmental Impact Report No. 236. b. That a qualified archeulogist shall be presen*. at all times during gradTng operattons and that a list of any archeological finds shall be submitied to the Ju~neno Indian Tribe. PC8n-169 ~. That sea~age will not be disposed of by septic tanks in order to avoid potentiai harm to the underground 4rater table, instead a seo-iage pump station will be constructed. 4. That the proposed reciassification of subject property is necessary and/or desirabie for the orderly and proper development of the community. 5. That the proposed reclassification of suhject property does properiy relate to the zones and their permftted uses locally established in close proximlty to subject property and to the zones and t!ieir permitted uses generally established throughout the cortmunEty. 6. That approximately ei~ht (8) persons indicated their presence at said public hear(ng in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMEPITAL IMPACT FIFlDIPIG: That Environmental Impact Report No. 236 for the proposed development o Tentative Tract Nos. 10996, 10997 and to9g8, having been considered by the Anaheim City Planning Commission on this date, and evidence, both written and ora1, having been presented to supplement draft ElR N0. 236~ finds that potential adverse environmental impacts of the project shall be reduced ta an insignificant level by conformance aitth City plans, policTes and ordinances and by the foilowtng additional mitigation measures: (t} P~o development shail occur on the oniy known archeologica? site within the project area; (2) A qualified archeologist shall be present at all tlmes during grading and construction oparations and a Itst of any archeological finds shall be submitted to the Juaneno Indian Tribe; and ~3) Sewage will not be disposed af by septic tanks but a sewage pump station will be utilized to avoid potential harm to the under~round water table. That Draft EIR PlO. 236 is in compiiance with the California Environmental Quality Act and wPth City and State EIR Guidelines and, therefore, based upon such information, the Rnaheim Ctty Planning Commission does hereby certify EIR No. 7.3~ as iL pertains to reclasstfFcatior, tertative rap, and specimen ~ree removal approvai for the tfi ree aforementioned tracts. NOW, THEREFORE, BE IT RESOLVED that t~e Anaheim City Planning Commission does hereby grent subject Petitlon for Reclassification and, by so doing, that Title 18-Zoning of the Anaheim Municipal C~de be amended to exclude the above-described property from the RS-A-43,000(SC} (RESIDENTIAL/AGRICIiLTURAL - SCENIC CORRIDOR OVERLAY) ZONE and to incorporate said described property into the RS-HS-22,000(SC) (RESIQENTIAL, SINGLE-FAMILY HILLSIDE - SCENiC CORRIDOR OVERLAY) and RS-HS-lt3,~00(SC) (RESIDEtJTIAL. SINGLE-FAMILY HILLSI~E - SCENIC CORRIDOR OVf:RLAY) ZONES u,~~~n the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the sa~ety and general welfare of the Citizens of the City of Anaheim: 1. That ordinances reclassifytng the property shall be adopted as each parcel ts ready to comply with conditions pertatning to such parcel; provided~ however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. 2. In the event that subject property is to he di~ided for the ~urpose of sale, lease, or f~nanctng~ a parcel map, to record the approved division of subject -2- PC80-1(,9 property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Urange County Recorder. 3. That an ordinance rezoning the subject property shall 'n no event become effective except upon or following the recordation of each final map of Tract Nos. 10y96, 10997 and 10998 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. ~s. That all lots within the praposed subdivistons shall be developed in eccordance with site development standards of the SC (Scenic Corridor ~verlay) Zone. 5. That there shall be no development on the only ~nown archeoloQical site w+th the project, as identified in Environmental Impact Report No. 236, 6. That a qualified archeologlst sha11 be present at all times during grading and construction operations and that a list of any archeologtcal finds shal) be submttted to the Juaneno Indian Tribe. 7. That a seNage pump station shall be utiiized and that there shall be no septlc tanks. BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssion docs hcreby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditlons hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, *_hen this Resolution, and any approvals here6n contained~ shall be deemed null and vc~id. THE FOREGOING RESOLUTIOIJ is stgned and approved by me this 6th day of October, 1g80. ~-J-~~ ~ ~~-~....~- CHAIRMAN PRO TEMPORE ANAHEIM CITY PLANNING COMM~SSION ATTEST: ~~.~..~. .~ /~~.:., SECRETARY, ANANEIM CITY PLANNING COMMISSION -3- Pc8n-t6g ~ ~'~~. STATE OF CALIFORtJIA ) COUNTY OF ORANGE } ss. CITY OF ANAHEIPI ) I~ Edith L. Harris, Secretary of tF~e Anaheim City Planning Commtssion, do hereby certify that the foregoing resolution a~as the Anahetm City Planntng Comnission held on Octobera6~ ~q$p~~ata~•an meeting of followtng vote of the members thereof: 3 p.m.,by the AYES: COMMISSIONERS: BAR~JES~ BOUAS~ BUSHORE, FRY~ HERBST~ KINf, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR ~N WITNESS WHEREOF, I have hereunto set my hand thfs Gth day of October, 1980. ~' ~ ~'t~. SECRETARY, A~~ HEIfl CITY PLANMING COMMISSION -4- PCBn-169 , e.~ . ~