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RES-2009-014RESOLUTION NO. 2009 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2006 -229 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2006 -229 to establish a 3 -lot, 3 -unit detached single family residential subdivision for that certain real property situated at 7260 Canyon Rim Road in the Cite of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A' attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is located in the T (SC) (Transition Scenic Corridor Overlay) Zone; that the Anaheim General Plan designates this property for Low- Medium Hillside Residential land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 27, 2008, at 2:30 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 18.60, to hear and consider evidence for and against said proposed Project Actions, including Tentative Parcel Map No. 2006 -229, and, at said hearing, did receive evidence and reports from persons interested therein and from its staff: and WHEREAS, said Planning Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2008 -108 approving Tentative Parcel Map No. 2006 -229; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the Anaheim City Council, asking the City Council to reconsider approval of Tentative Parcel Map No. 2006 -229 requested by applicant; and WHEREAS, thereafter, the City Council did set Tentative Parcel Map No. 2006- 229 for a do novo hearing, which public hearing was duly noticed and held as prescribed by law and. as a result thereof. the City Council does hereby make the following findings: i That the proposed tentative map, including its design and improvements, is consistent with the proposed Anaheim General Plan. proposed. That the site is physically suitable for the proposed development and the density That the design of the subdivision or the proposed improvements will observe all existing easements for the use of, or access through the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve Tentative Parcel Map No. 2006 -229 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health_ safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 he deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of January 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT NONE ABSTAIN: NONE ATTEST: CITY CLERK OF T ANAHEIM 71434.v1 /MGordon CITY OF AN EIM By: MAYOR OF THE CIT O NAHEIM EXHIBIT "A" TENTATIVE PARCEL MAP NO. 2006-229 co 1111111 �Z 0 CANYON RIM ROAD Source: Recorded Tract Maps andior City GIS Please note the accuracy is two to five feet. N o. GENERAL EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2006 -229 Responsible for Monitoring Public Works Development Services Conditions of Approval TIMING: PRIOR TO APPROVAL OF FINAL MAP That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. -r The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Development Services Division and approved by the City attorney and City Engineer and then recorded concurrently with the final map. That the access drive, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the private street, sanitary sewer, and private drainage system and the grading plan shall be submitted to the Public Works Department. Development Services Division concurrently with the final map. f l hat a maintenance covenant, shall be submitted to the Public Works Department, Development Services Division and approved by the Cit} Attorney's office. The covenant shall include provisions for maintenance of private facilities and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. The developer shall submit a request for a street name for the private street. The street name must be approved by the Building Division and placed on the parcel map. The fire lane (private street) shall be posted with "No Parking Any Time" and that said information shall be specifically shown on the private street plans and on plans submitted for building permits. 1 subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 and as conditioned herein. Public Works Development Services Public Works Development Services Public Works Development Services Planning Building Division Public Works Traffic Engineering Planning t That approval of this parcel map is granted subject to the approval of Reclassification No. 2008 -00215 and Variance No. 2008- 04749. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 10 T What extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning Planning Planning Planning