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PC 85-144,~, RESOLUTION N0. PC85-144 A RESOLUTTON OF THE ANA~EIM CI7~~ PLANNING COMMISSION THAT PETITION rOR RECLASSIFICATION NU. 69-85-32 SE GRANTED WHEREAS, the Anaheim City Planning Commission di.d receive a vecified petition Eor Reclas~ification from SEVERIANO .J. PEREZ AND RUT~ ANN PEREZ, 3153 West Ball Road, Anaheim, California 92804, owners, and ARTHUR P. L.ANE AND BEVERLY R. LANE, 3157 and 3163 West Ball Road, Anaheim, California 92804, owners, and MHGDY HANNA, 4~00 MacArthur Boulevard, Suite 680, Newport Beach, California 92660, agent for certain teal ptoperty situated in the City of Anaheim, County of Orange, Szate of California, de~ccibed as fcllows: THAT PORTION OF THE SOUTHWEST 4UARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST~ SAN BERNARDINO h1ERIDIAN, ZN THE CITY OF A[dAHEIM, COUNTY OF ORANGE~ STATE OF CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 2.5 ACRES OF THE SOUTH HALF 0': THE SOUTHWEST QUAFTER OF THE SOUTHWEST QUARTER GF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID WEST 2.5 ACRESr 330 FEET OF THE NORT:?F.AST CORNER TNEREOF; THENCE EAST ALONG THE NORTH LZNE OF THE SOUTH HALP OF THE SOUTHWEST QUARTER OF THE SUUTHWEST QUARTER OF THE SOUTHEAST QOARTER OF SAID SECTION~ 66 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID WEST 2.5 ACRES~ 330 FEET TO A PGINT ON THE SOUTH LINE OF THE ~OUTHWEST QUARTER OF THE SOUTHEAST QUARTER GF SAID SECTION; THENCE WEST ALUNG SAID SOUTH LINE 66 FEET TO THE POINT OF BEGZNNSNG. PARCEL 1: THE EASTERLY 80.00 FE~ET OF THE WESTERLY 250.00 PEET OF THE WEST 2.50 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SUU'PHY;AS'1' QUARi'GR GF S'aCTiGN 14, TOWNSHIP 4 SOUTH~ RANGE 11 WEST IN THE RANCHG LOS COYOTES~ CITY OE ANAHEIM~ COUNTY OF ORANGE, STATE OP CALIFORNIA~ AS PER MAP RECORDED IN BOOK S1 PAGE 11 OF lfISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTX RECORDER OF SAID COU~ITY. PARCEL 2: THE WEST 2.5 ACRES OE' THE SCUTH HALF OF THE SOUTHWEST QUARTER OF THE SODTHWFST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14~ TOWNSHSP 4 SOUTH~ RANGE 11 WEST, IN TF1E RANCHO LOS COYOTES~ CITY OF ANF.HEIM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDF,D IN BOOK 51 PAGE 8 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF TiiE; COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WESTERLY 250 FEET. PC85-144 054lr . :, a . . . . . . . . . .. ...~:~.' .I.,3.. WH~REAS, the City Planning ~ommission did hold a public hearing at the Civic Centec in the City of Anaheim on April 15, 1982 at 1:30 p.m., r.otice 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 connectior therewith; said public hearing having been continued to the Planning Commission meeting of June 10, 1985; and WHEREAS, said Commission, after due inspecti.on, investigation and study made by itself and in its behalf, and after due consideration of al.l evidence and reports offered at said hearing, does find and determine the fol.l... ~ing facts: 1. That the petitioner proposes reclassification of subject property Lrom RS-A-43,000 (Residential/Agricultural) to the RM-17.00 (Residential, Multiple-Family) Zone. 2• 1'hat the Anaheim General Plan designates subject p:operty for medium-density residential land uses. 3. That tk~e proposed reclassification of subject property is necessary and/or desirable for the orderly and proper deve.lopment of the com:nunity. 4. That the proposed reclassification of subject property does properly relate to the zones and ~heir permitted uses locally established in close proximity to subject property and to the zones and their permit.ted uses generally established throughout the community. 5. That the proposed reclassification of subject property requires the improvement of a.butting streets in accordance wit!~ the Circulation Element of the General Plan, due to the anticipated increase in traffic which will be generated by the intensification of larid use. 6• That three persons indicated their presence at said public hearing in opposi.tion; and that no correspondence was received in opposition to subject petition. ENV1RONt•fiiNTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (P.esidential/Agricultural) to the RM-1200 (Residential, Multiple-Familyj or a less intense zone to construct a 52-unit apartment complex with waiver of maximum building height on a rectangularly-shaped parcel of land consisting of approximately 1.17 acres having a frontage of approximately 226 feet on the north side of Ball Road, and further described as 3153, 3157 and 3'.63 West Ball Road; and does hereby approve the lVegative Declaration upon finding that i~ has considered the Negative Declaration together with any comments received during the public review process and further Linding on the basis of the initial study and any commencs received that there is no substantial evidence that the project will have a significant effect on the environment. + -Z- PC85-144 ~i. ~ ' _ ,,,~ ~ h~W, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant oubject Petition for Reclassification and, by so doing, that Title 18-ZOning of the Anaheim Municipal Code be amended to exclude L-he above-described propecty from the RS-A-43,000 (Residential/Ayricultural) and to incorporate said described property into the RM-1200 (Residentia.l, Multiple-Famiiy) Zone npon the fallowing conditions which are hereby found to be a necessary prerequis=te to the proposed use of subject property in order to preserve the safety and general welfare of the Citi2ens of the City of AnaY,eim: 1. That the ownee of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for stceet widening purposes. 2. That all engineering requirements of the City of Anaheim along Ball Road, including preparation of improvement plans and installation of all improvemer.ts such as curbs and gutters, sidewalks, water facilities, streel- grading and pavement, sewer and drainage facilities, oc other appurtenant work shall be complied with as required by the Cit,y Engineer and in accordance with specifications on file in the OfEice of the City Engineer; and that security in the form ef 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 satisfactory comp'~tion of said improvements. Said security shall be posted with the City prior to introduction of an ordinance rezoning subjecl• property to guar~ntee the installation of the above-•required improvements prior to occupancy. 3. That street lighti~g facilities along Ball Road shall be instal2ed as required by the Otilities Genecal Manager in accordance with specif.ications on file in che Office of Utilities General Manager, and that security in the Eorm of a bond, certificate of deposit, letter of credit, or cash, in an amount and fcrm satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be post~d wirh rhe Ci*_1 of rna!:e_m p~_ior to the izt:oduction of an ordinance rezoning subject property. Tre above-req~~ired improvements shall be installad pzior to occupancy. 4. That pri~r to the introouction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 3, 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 M•ith within one year from the date of this resolution, or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission doEs hereb,y find and determine tl!at adoption of *his Resolution is expressly predicated upon applicant's compliance with each and all of the conditions :~ereinabove set forth. Should any such condikion, or any part thereof, be declared invalid or uneaforceable by the final judgment of any court of competent jurisdiction, then this Reso]stion, and any approvals herein contained, shall be deemed null and void. -3- PC85-144 __ ,_~ THE FOREGOING RESOLUTION is signed and a proved by me this lOth day of June, 1985. ' ~~ % ,~~ ~' '~---CHAIRP7AN~ ANAiEI CITY PLANNING COMMISSION ATTEST: ~ ~i~ SECRET Y, ANAHEIt4 CITY PLANNIDIG COhIMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) I, Edith Le Harris, Secretary of the Anaheim City Planning Coinmission, do hereby cectify lhat tha foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 10, 1985, by the following vote of the members tnereof: AYES: COMt•IISSIONERS: BOUAS~ BUSHORE~ FRY, HERBST~ KING, LA CI.AIRE~ MC BURNEY NOES: CODIMISSIONERS: NONE ABSENT: COMMISSZONERS: NONE IN WITNESS WHEREOF, I Have hereunto set my hand this lOth day of June, 19a5. ~~. ,~.° .,.~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION ~' -d- PC85-144 .;..:.,. ;~,..~...~. 44k,.~.. .;:xi . .. ~ . .. . ~ . . , . . . . . . ~ . , . ... ~ i . . . . . . . . . . _ _ .. '.:rP