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PC 80-9RESOLUTION NO. PC80 -9 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 79 -80 -21 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from W. F. REALTY CORP., 438 East Katella Avenue, Suite 209, Orange, California 92667, owner, and TERRA FIRMA PROPERTIES, INC., 438 East Katella Avenue, Suite 209, Orange, California 92667, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the west one -half of the Southeast Quarter of Section 27, in Township 4 South, Range 10 West, San Bernardino Meridian, partly in the Rancho Las Bolsas, and partly in the Rancho San Juan Cajon -de Santa Ana, as shown on a map thereof recorded in Book 51, Page 10, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the intersection of the centerline of Harbor Blvd. with the centerline of Orangewood Avenue, said intersection also being the center of said Section 27, T.4S., R.10.W., as shown on a parcel map recorded in Book 123, Page 45, records of said Orange County; thence along said centerline of Harbor Blvd. S. 0 degrees 42 minutes 36 seconds E., 1760.29 feet to the intersection of said centerline of Harbor Blvd. with the westerly prolongation of the northerly line of Parcel 4, as shown on said Parcel Map 123 -45; thence along said northerly line S. 89 degrees 38 minutes 13 seconds E., 585.01 feet to the True Point of Beginning; thence along said Northerly line S. 89 degrees 38 minutes 13 seconds E., 735.60 feet to the intersection of said northerly line with the east line of the West One -half of Southeast Quarter of said Section 27, T.4.5., R.10.W., as shown on said Parcel Map 123 thence along said east line M. 0 degrees 41 minutes 55 seconds W., 599.87 feet, to the intersection of said east line with the southerly line of Lots 25 and 26, as shown on a map of Tract No. 3127, recorded in Book 94, Pages 48 and 49, records of said Orange County; thence along said southerly line N. 89 degrees 38 minutes 08 seconds W., 283.77 feet, to the southwest corner of said Lot 25; thence S. 0 degrees 42 minutes 47 seconds E., 10.00 feet, to the southerly line of Wilken Way; thence along said southerly line of Wilken Way N. 89 degrees 38 minutes 08 seconds West, 420.57 feet; thence S. 2 degrees 20 minutes 15 seconds W., 590.14 feet to the True 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 PC80 -9 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 CG (Commercial, General) Zone to the RM -3000 (Residential, Multiple - Family) Zone. 2. That the Anaheim General Plan designates subject property for low - medium density residential land uses. 3. That the proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community. 4. 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. 5. 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 does hereby find that Environmental Impact Report Mo. 228 for the proposed development of 142 condominium residential units on a site of approximately 525 feet east of Harbor Boulevard having been considered this date by the Anaheim City Planning Commission and evidence having been presented to supplement draft EIR. No. 223 finds that potential environmental impacts of the project may be reduced to an insiginificant level by conformance with City Plans,policies and ordinances, and draft EIR No. 228 is in compliance with the California Environmental Quality Act and with City and State EIR Guidelines; therefore, based upon such information the Anaheim City Planning Commission certifies EIR No. 228. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Reclassification and, by so doing, that Title 13- Zoning of the Anaheim Municipal Code be amended to exclude the above - described property from the CG (COMMERCIAL, GENERAL) and to incorporate said described property into the RM -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 an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of Final Tract Map No. 10956 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. -2- PC80-9 2. 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. 3. That subject property shall be served by underground utilities. 4. 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. S. 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. 6. That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of a 6 -foot high masonry wall along the west, south and east property lines. 7. That subject property shall be developed suhstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7. 8. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 6, above - mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 9. That Condition Nos. 3 and 7, 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. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of January, 1980. ATTEST: AlaALLer SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEI CITY PLANNING COMMISSION -3- Pc80 -9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1980. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, SECRETA Y, ANAHEIM CITY PLANNING COMMISSION -4- PC90 -9