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PC 81-208RESOLUTION NO. PC81 -208 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 81 -82 -7 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from CITY OF ANAHEIM, P. 0. Box 3222, Anaheim, California 92803, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Beginning at the southwest corner of Mohler Drive Annexation No. 2, said point being on the Southerly line of Tract No. 117 as recorded in Book 11, Page 15 of Miscellaneous Maps in the county of Orange, thence along the following courses of the City limits of the City of Anaheim, North 89 06' 16" West 604.46 feet; thence North 00 01' 00" West 330.05 feet; thence South 89° 54' 00" West 264.20 feet; thence North 00° 01' 00" West 98.44 feet; thence North 30° 42' 41" East 335.17 feet to a point on a curve concave westerly with a radius of 1950.00 feet, said point having a radial bearing of North 43 07' 48" West; thence North Easterly along said curve 660.54 feet through a central angle of 19 24' 30" to a point of tangency; thence North 27° 27' 42" East 283.01 feet to a point of tangency on a curve concave Southeasterly having a radius of 3050.00 feet; thence Northeasterly along said curve 494.17 feet through a central angle of 9 17' 00" to a point of tangency; thence North 36° 44' 42" East 597.52 feet; thence along the following courses of the proposed City limits South 52 33' 28" West 50.00 feet; thence South 37 26' 32" West 78.08 feet; thence South 84° 27' 02" East 208.70 feet; thence South 13° 38' 00" West 130.07 feet; thence South 89° 12' 00" East 162.58 feet thence South 42° 42' 30" East 115.40 feet; thence South 9° 29' 30" East 323.48 feet; thence South 21° 23' 35" East 773.31 feet; thence South 56° 58' 30" West 129.00 feet; thence South 42 30" East 165.89 feet; thence South 28° 37' 30" East 132.04 feet; thence South 88 50' 53" East 1181.74 feet; thence South 00° 38' 53" West 747.45 feet to a point on the Southerly line of Tract No. 117 as recorded in Book 11 Page 15 of the Records of the County of Orange, said point also being the City limits of the City of Anaheim; thence along the following courses of the City Limits of the City of Anaheim, North 28° 27' 00" West 150.45 feet; thence North 72° 16' 10" West 62.37 feet; thence North 45 53' 30" West 173.48 feet; thence North 19 32' 30" West 386.75 feet; thence South 64° 42' 30" West 236.20 feet; thence South 60 30" West 23.09 feet; thence South 87° 53' 20" West 106.12 feet; thence North 69° 55' 30 West 313.46 feet; thence South 69 10' 30" West 164.24 feet; thence North G1° 43' 00" West 165.01 feet; thence North 1° 43' 00" West 311.30 feet; thence South 52° 55' 00" West 126.61 feet; thence South 71° 42' 00" West 379.05 feet; thence North 25 56' 00" West 41.91 feet; thence North 40 05' 00" West 135.44 feet; thence North 73 57' 30" West 15.00; thence South 34 26' 55" West 291.66 feet; thence North 000 01' 00" West 103.84 feet to a point on a curve concave Northwesterly with a radius of PC81 -208 2003.90 feet; said point having a radial bearing of North 510 14' 29" West; thence Southwesterly along curve 283.69 feet through a central angle of 8o 06' 41 "; thence South 48o 23' 27" West 15.25 feet; thence South 45 40' 00" East 349.97 feet; thence South 89 59' 20" East 1.40 feet; thence South 89 06' 16" East 378.34 feet; thence South 00 01' 00" East 330.41 feet to the point of beginning. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 5, 1981, 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 County of Orange 80 -AR- 10,000 (Agricultural Residential District) and 100 -E4- 20,000 (Small Estates District) to the City of Anaheim RS- HS- 22,000(SC) (Residential, Single - Family Hillside, Scenic Corridor Overlay) Zone. 2. That the Anaheim General Plan designates subject property for hillside estate residential land use. 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 the proposed reclassification of subject property may require the dedication and improvement of abutting streets in accordance with the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of land use. 6. That one interested person indicated his presence at said public hearing; 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 County of Orange 80 -AR- 10,000(Agricultural Residential District) and 100 -E4- 20,000 (Small Estates District) to the RS- HS- 22,000(SC) (Residential, Single - Family Hillside, Scenic Corridor Overlay) Zone on an irregularly- shaped parcel of land consisting of approximately 65 acres located southeasterly of and including portions of Santa Ana Canyon Road, and located approximately 65 feet east of the centerline of Mohler Drive; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or -2- PC81 -208 cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for hillside estate density 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 County of Orange 80- AR-10,000(Agricultural Residential District) and 100 -E4- 20,000 (Small Estates District) to the RS- HS- 22,000(SC) (Residential, Single - Family Hillside, Scenic Corridor Overlay) 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 these reclassification proceedings are granted subject to completion of annexation of subject property. 2. Prior to the introduction of an ordinance rezoning subject property, Condition No. 1, 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. 3. That dedication shall be made to the City of Anaheim on all public streets within the area according to the Circulation Element of the General Plan - Arterial Streets and Highways map. 4. That all engineering requirements of the City of Anaheims on public streets, such as curbs and gutters, sidewalks, grading, paving, drainage facilities, and /or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer, at the time the property is developed. 5. That the owners of subject properties shall install street lights on all public streets within the area as required by the Director of Public Utilities at the time the property is developed. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That subject property shall be served by underground utilities. 8. 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. - 3 - PC81 -208 9. That the vehicular access rights, except at approved access points to Santa Ana Canyon Road shall be dedicated to the City of Anaheim. 10. That all private roads within the area shall be developed in accordance with the City of Anaheim's requirements for private streets in the Mohler Drive area at the time the property is developed. 11. That the owner(s) of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to issuance of a building permit. 12. 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. 13. 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 building permit. 14. That all requirements of Fire Zone 4, Administrative Order No. 76 -01, will be met. are not limited to, chimney spark arrestors, openings, Class C or better roofing material construction of horizontal surfaces if brushland. otherwise identified as Fire Such requirements include, but protected attic and under floor and one hour fire resistive within 200 feet of adjacent 15. That no grades shall exceed 10% except Department and the Engineering Division. 16. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 38896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. by prior approval of the Fire 17. That any specimen tree removal shall be subject to the regulations pertaining to tree preservation in the Scenic Corridor Overlay Zone. 18. That the owner(s) of subject property shall dedicate and improve equestrian and hiking trails within the area as shown on the Equestrian and Hiking Trails Component of the Anaheim General Plan; and that improvement plans, in accordance with standard plans and specifications on file in the Office of the City Engineer, shall be submitted in conjunction with the grading plan; and /or 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 the above - mentioned requirements prior to occupancy. 19. That access for solid waste collection shall be approved by the Street Maintenance and Sanitation Division. 20. That prior to issuance of any building permits or approval of a final tract map, whichever occurs first, Condition Nos. 3, 9, 15, 17 18 and 19, above - mentioned, shall be completed. -4- Pc81 -208 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 5th day.of October, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 October 5,1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST 1981. 21. That Condition Nos. 6, 7, and 14, above mentioned, shall be complied with prior to final building and zoning inspections. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION IN WITNESS WHEREOF, I have hereunto set my hand this 5st day of October, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC81 -208