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PC 81-224RESOLUTION NO. PC81 -224 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 80 -81 -38 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a yerified petition for Reclassification from CORNELIA S. VOGT, 11251 Euclid Street, Garden Grove, California, 92640, owner and RUSSELL JAY, 6971 -A Lincoln Avenue, Buena Park', California 90620, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of the Northeast quarter of the Southwest quarter of Section 12 in Township 4 South, Range 10 West, San Bernardino Base and Meridian, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, bounded and described as follows: Beginning at a point in the Southerly line of the Northeast quarter of the Southwest quarter of said Section 12 distant thereon 316 feet Easterly from the Southwest corner of the Northeast quarter of the Southwest quarter of said section, and running thence Easterly along said Southerly line 345.08 feet, more or less, to the Southeast corner of the Southwest quarter of the Northeast quarter of the Southwest quarter of said Section 12, said point being the Southeast corner of the most Southerly tract of land conveyed to Joseph P. Mayhew by deed dated November 9, 1907 and recorded in book 149, page 208, Deeds, records of said Orange County; thence Northerly along the Easterly line of the land conveyed to Mayhew by said deed, 932.94 feet, more or less, to a bolt in the Anaheim - Olive Road at the Northeast corner of said land conveyed to Mayhew; thence Northwesterly, along the Northerly line of the land described in said deed to Mayhew, 351.16 feet, more or less, to a nail set in the pavement, which is distant 321.82 feet Southeasterly, measured along said Northerly line, from the Northwest corner of said land conveyed to Mayhew; thence Southerly 1001.34 feet, more or less, 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; said public hearing having been continued to the Planning Commission meeting of November 2, 1981; 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 -1200 (Residential, Multiple- Family) Zone. PC81 -224 2. That the Anaheim General Plan designates subject property for 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 proxlmlty to subject property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires 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 12 persons indicated their presence at the November 2, 1981, public hearing; and 20 persons indicated their presence in opposition at the September 21, 1981, public hearing; and that no correspondence was received to 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 -1200 (Residential, Multiple- Family) Zone to construct a 161 unit apartment complex on an irregularly- shaped parcel of land consisting of approximately 6.7 acres located at the southeast corner of Lincoln Avenue and Peregrine Street; 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 medium density 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 substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE 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 RM -1200 (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 the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Peregrine Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Peregrine Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, -2- PC81 -224 drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; that street lighting facilities along Peregrine Street and Lincoln Avenue shall be installed as required by the Office of Utilities General Manager, and in accordance with 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 shall be posted with the City to guarantee the installation of the above - mentioned requirements prior to occupancy. 3. That sidewalks shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Peregrine Street and Lincoln Avenue. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 6. 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. 7. That subject property shall be served by underground utilities. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. 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. 10. That a modified cul -de -sac shall be provided at the terminus of Peregrine Street subject to the approval of the City Engineer. 11. 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. 12. That the developer shall purchase the 1 foot lot at the west of subject property prior to issuance of a building permit. 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 a 6 -foot high block wall (as measured f the highest adjacent grade) shall be constructed adjacent to the south prop 1'�ne and the southern half'of the east property line. -3- PC81 -224 15. Prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy No. 542, Sound Attenuation in Residential Protects. 16. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revis• bon No. 2 of Exhibit Nos. 1 through 3. 17. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 4, 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. 18. That Condition Nos. 3, 5, 7, 8, 10, 14 and 16, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the A "aheim 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 2nd day of November, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1981. CHAIRMAN, ANAHEIM 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 November 2, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BUIRNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, CR " ', 'N'' 'LANN NG COMMISSION -4- PC81 -224