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PC 81-258A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 81 -82 -11 BE GRANTED. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification from TERRA FIRMA PROPERTIES INC., 438 E. Katella, Suite 209, Orange, California 92667, owners, and INVESTORS DEVELOPMENT OF ORANGE COUNTY INC., 1345 N. Grand Avenue, Santa Ana, California, 92701, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The land referred to in this Report is situated in the State of California, County of Orange, City of Anaheim, and is described as follows: PARCEL 1: Parcel 2, as shown on a lot line adjustment plat no. 75, recorded in book 13913, pages 1132 and 1133, official records, in the office of the county recorder of said county. PARCEL 2: RESOLUTION NO. PC81 -258 Parcel 2, as shown on a parcel map no. 80 -238 recorded in book 145, pages 37 to 38, inclusive of parcel maps, in the office of the county recorder of Orange County, State of California. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 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 CG (Commercial, General) Zone to the RM-3000 (Residential, Multiple-Family) Zone. 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 proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That one person indicated their 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 has reviewed the proposal to reclassify subject property from the Cr; (Commercial, General) Zone to the RM- 3000 (Residential, Multiple- Family) Zone to establish a one - lot, 14 -unit condominium subdivision with waivers of minimum lot area per unit and minimum recreational /leisure area per unit on an irregularly- shaped parcel of land consisting of approximately 0.9 acre, having a frontage of approximately 180 feet on the south side of Wilken Way, approximately +30 feet east of the centerline of Harbor Boulevard; 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 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 CG (Commercial, General) Zone 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 trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 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 drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. 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. 6. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and inclusion with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and /or circulation within the project. 7. That an ordinance rezoning the subject property shall in no event become effective except upon or following the recordation of Final Tract Map No. 11463 within the time specified in Government Code Section 66463.5 or such further time as the advisory agency or City Council may grant. 8. 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. 9. That a perpetual easement agreement with the owner of the property to the west, providing for circulation of vehicles and trash trucks from one parcel to the other, shall be submitted to the City Attorney's Office for review and approval; then be filed and recorded in the Office of the Orange County Recorder. 10. That all proposed driveway locations on subject property shall be subject to approval of the City Traffic Engineer prior to issuance of building permits. 11. 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 Number 542, Sound Attenuation in Residential Projects. 12. Prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2. 14. Prior to the introduction of an ordinance rezoning subject property, Condition No. 9, 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. 15. That Condition Nos. 1, 3, 4, 6, and 13, 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 December, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 December 14, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS,FRY, HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE 1931, IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, SECRETARY, ANAHEIM CITY PLANNING COMMISSION