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PC 80-208RESOLUTIO~~ rln. PC80-2o~ A RESOLUT 10~t OF THE ANAf1E I H C I TY PLANtJ i ~lf, COHM 1 SS I ON THAT PETITION FOR RECLASSIFICATION N0. 80-81-14 BE GRAqTED. WHEREAS~ the Anaheim City Planning Commissfon did recelve a verified petition for Reclassification from BANK OF CALIFORNIA, N.A., TRUSTEE~ 845 Figueroa, Los Angeles~ Caltfornta 90054, oamer~ and FLOYD L. FARRANO, ESQ., 2555 East Chapman Avenue, Suite 415~ Fullerton, Californla 9263t, agent of certain real property situated in the Ctty of Anahelm~ County of Orange~ Sta[e of California~ descrtbed as follows: PARCEL i: That portion of the south half of the Norttrvrest quartcr of the Southeast quarter of Section 27, Tamship 4 South, Range 10 West. partly in the Rancho Las Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, tn the City of Anaheim~ as said sectton ts shown on a map recorded in book 51. page 10 of Miscellaneous Maps, records of Ora~ge County~ Californta~ described as follows; Beginning a[ ihr. Morthwest corner of said South half; thence South 0° 42' 47" East 200.00 feet along the West line of said South half to the ~r~~ point of begTnrting; ihente Sovth 3q° 38~ 07'~ East 300.00 feet parallel to the North llne of said South half; thence PJorth 0° 42' 47" West 200.00 feet parallel to the Nest ITne of said South half to the North iine of said South half; thence South 89° 38' 07" East 450.00 feet aiong said Nor[h line; thence South 0° 42~ 47'~ East 439•~2 feet parallel to the West line of satd South half to a line parallel with and distant 221.00 feet measured at right angles Northerly from the South line of sald Northwest quarter of the Southeast quarter of satd Section 27; thence North 89° 38' 14" West 450.00 feet along satd p~ra1l-1 1Ine; LhertcE Hortb Oa 42' 47" West 200.04 feet parallel to the West line of said South half to a line parallel with and distant 239.00 feet, measured at right angles Southerly from the North lTne of said South half; thence North 89° 38' 07" West 300.00 feet along said parallel iine to the West line of saTd South half; thence North Oa 42~ 47" 41est 39.00 feet to the true point of beginning; and PARCEL 2: The East 450.00 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of Sectton 27, Township 4 South~ Range 10 uest~ partly tn the RancF~o Las Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, in the C1ty of Anaheim~ as said Section is shown on a map recorded fn book 51, page 10 of Misceilaneous Maps~ records of Orange County~ California~ descrlbed as follows: Qeginning at the: intersectton of a Itne parallel wtth and dtstant 221.00 feet measured at right angles Northerly from the South ltne of said South half wlth the West line of Lot 24 of Tract No, 3127~ as shown on a map recorded in book 94~ pages 48 and 49 of Miscellaneous Maps, records of Orange County. California; thence along sald parallel llne North 8~° 38' 14" 41est b79.77 feet to an intersectTon wlth that certain curve in the North line of Wilken Nay nea~ the Northeast corner of the intersectlon of said Wilken Way and Harbcr Boulevard, as shown °C80-208 on saTd map of Tract No. 3127 said curve beiny concave to the Northeast and having a radius of 1;,00 feet, a radial line to said curve at said tntersectton havinq a bearing of South 21° 24' 08" West; thence Easterly 5.51 feet a!ong said curve to the Easterly terminus thereof; thence Easterly (75.98 feet along the various courses in the Northerly lines of Nilken Way as shorm on said map of Tract No. 3127. to the Southwest corner of sald L~t 24; thence North 0° 42' 47" West 9.00 feet to [he true potnt of beginntng; and PARLEL 3: The East 7~0 feet of the North 200 feet of the West 3~0 feet of that portion of the South half of the Northwest quarter of ihe Southeast quarter of Section Twenty-seven, Township Four South~ Range Ten West, S. B, B. E M., partly in the Rancho Las Bo1Sas and partly in the Rancho San Ca_jon de Santa Ana~ described as follaws: Beginning at the Nortfw~est corner of said South half of the Nort:iwest quartrer of the Southeast quarter of SectTon Twenty-seven; thence So~th 89° 38' 07" East 871.24 feet along the North line of said Soutti half of the flort~aest quarter of the Southeast quarter of Sectton Twenty-seven; thence South 0° 42~ 47" East 500.02 f~et along a line parallel to the Nest Itne of said Southeast quarter of Section Twenty-seven to a point on a]ine paralle) aith and distant 160.00 feet measured at right angles Northerty of the South line of said ~7orthwest quarter of the Southeast quarter of Section Twen[y-seven; thence North 89° 38' 14" West 871.29 feet along said parallel ltne to a point on said West line of Southeast quarter of Section Twenty-seven; thence North 0~ 42' 47" West 500.05 feet along said West line of the Southeast quarter of Section Twenty-seven to the potnt of beginning. NHEREAS~ the City Planning Commission did hold a public hearing at the Civic Center in the Ctty of Anaheim on November 3~ 198Q~ at 1:30 p.m., notice of said public hearing havfng been duly given ~: required by law and in accordance with the provisions of the Anaheim Muntcipal Code. Chapter 1~.03~ to hear and consider evidence for and against said proposed reclasstfication and to investigate and make ftndings and recomn~ndattons in connection therewith; satd public hearing havtng been continued to the Planning Commission meeting of Decemher 1, 1980; and WHEREAS~ said Commission~ after due inspection, investigation and study made by itself and in its behalf. and after due constderation of all evtdence and reports offe~ed at sa(d hearing~ does flnd and determine the folla.,in~ facts: 1. That the petitioner proposes reclassification of subJect property from the RS-A-43,000 (Residentlal/Agricultural) Zonc to the RM-3000 (Restdential~ Multiple- Family) Zone. 2. Ttiat the Anaheim General Plan desigr~ates subJect property for medtum density restdential land uses. 3. That the p~oposed reciassiftcatton of subJect property is necessary and/or deslrable for the orderly and proper deve.'opment of the community, -2- PC80-208 4. That the proposed reclassification of sub.ject property does properly relate to the zones and their permitted uses locally estahlished in close proximity to subject property and to the zones and their permitted uses yenerally established throughout the community. 5. That the proposed reclassiFication of subject property requires the dedication and improvement of abutting streets in accordance ~~ith the Circulation Element of the General Plan, due to the anticipated increase in traffic which wili be generated by the intensi~ication of land use. 6. That approximately 80 persons at the October 20, 1980 meeting, approximately 58 persons at the November 3, t98o meeting, and approximately 72 persons at the December 1, 1980 meeting indicated their presence at said public hearing in opposition; and that one letter was received in opposition to subject petition. 7. That the proposed reclassification was heard and approved in conjunction with Conditional Use Permit No. 2121 and Tract No. 11305. ENV{RONMEPlTAL 1~4PACT FINDING: That the Anaheim City Planning Commission has revie~aed the proposal to rec assif~ subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RM-3000 (Resider.tial, tlulttple-Family) Zone to permtt a 2-]ot, 99-unit condomintum subdivision with waivers of minimum lot area per dwelling unit, maximum structural height, minimum recreation-leisure area and minimum number and type of parking spa~es on an irregularly-shaped parcel of land located north and east of the northeast corner of Wilken Way and Harbor Boulevard, and having approximate frontages of ~F40 feet on the north side of 4lilken 4Jay and 39 feet on the east sids of Harbor Boulevard (2170 South Harbor Boulevard); and does hereby approve the tJegative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmer.ral impact due to the approval of this Negative Declaration since the Analieim General Plan designates the subject property for medium der,sity residential 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 substanttatin_q the foregoing findings is on ftle in the City of Anaheim Planning Department. N01d, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petitiun for Reclassification and, by so doing, that Title 18-Zoning of the Anaheim Municipat Code be amended to exclude the above-described property from the RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZOPJE and to incorporate said described ~roperty into the RM-3000 (RESIDENTIAL, MIILT~PLE-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 the owner(s) of suh.ject property shall deed to the City of Anaheim a strip of la^d 32 feet in wtdth fram the centerline of the street along Wilken Way for street widening purposes. 2. That street lighting facilities along Wilken lJay shall be installed as required by the Office of Utilities General Manager, and in accordance with -3- PC80-2o8 specifications on file in the Office of Utilities General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash. in an amount and form satisfactory to the City of Anaheim sha)1 bc posted with the City to guarantee the lnstallatton of the above-mentioned requirements prtor to occupancy, 3. That fire hydrants shall be installed and charaed as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of tn a manner satisfactory to the City Engineer. 6. 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, satd fees to be paid at the time the building permit is issued. 7. That an ordinance rezoning the subj~ct property shall tn no event become effective except upon or following the recordation of Final Tract Map No. 1130$ tivithin the time specified in Government Code Section 66463.5 or such further tTme as the advisory agency or City Council may grant. 8. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordtnance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permtt. 9. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a butlding pernit. 10. That the developer shall acquire access rights across the one (1) foot strip of land at the north property line of subject property before constructing any access to Cliffwood Avenue. 11. That the petitioner shall request, in writing to the Pianning Department, terminatton of Condttional Use Permit Nos. 37, 765, and 1206. 12. That 15-gallon trees planted on 20-foot centers, wtth appropriate irrigation faciltties, shall be ir:stalled and maTntained along the east property line. 13, That subject property shall be developed substantiaily in accordance with plans and specifications on file o~ith the City of Anaheim marked Revision No, 1 of Exhibit No. 1, and Exhibit Nos. 2, 3 and 4 submitted in connection with Conditional Use Permit No, 2121. 14. Prior to tne introductton of an ordtnance rezoning subject property, !:ondition Nos. 1, 2, 7, 10 and 11, above-mentloned, shall be completed, The provisions or rlghts granted by this resolution shall become null and void by action of the Planning Commission unless said conditiens are complied with within one year from the date hereof. or such further time as the Planning Commisslon may grant. -4- PC8o-2o8 15• That Condition Nos.4, 5, 12 and 13, above-mentioned, shall be complied with prior to ftnal building and zoning inspections. BE IT FURTHER RESCLVED that the Anaheim Ctty Pianning Commission does hereby find and deT.ermine that adoption of this Reso',ution is expressly predicated upon appiicant's compliance with each and all of the conditions hereinabove set forth. Should any sucli condTtion, 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. THE FOREGOIPJG RESOLUTOON is signed and approved by me this lst day of December, 1980. ! r ~~ CHAIRMAN, ANAHEIM CITY P~ANPlING COMMISSION ATTEST: ~~. ,~ • ~~, SECRETARY, ANAHEIM GITY PLANNING COMMISSIOrI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Plannir~g Canmission~ do hereby certtfy that the foregoing resolution was passed and adopted at a mesting of the Anaheim City Planning Cortmission held on December 1, 1980, by the following vote af the members thereof: AYES: COMMISSIONERS: BARNES~ DOUAS, BUSHORE~ FRY, KING, T6LAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST t98o. IN WITNESS WHEREOF, I have hereunto set my hand this tst day of December, ~~ ~ ~~ SECRETARY~ ANAHEIM CITY LANNING COMMISSIOfd -5- PC80-208