RES-2011-042RESOLUTION NO. 2011- 042
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TENTATIVE
TRACT MAP NO. 17387.
(DEV2010- 00087)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Tentative Tract Map No. 17387 to establish a 32-
lot subdivision to permit the construction of 32- single - family residences, including lettered lots for
non - residential purposes, for that certain real property located at 851 - 905 South Western Avenue
in the City of Anaheim, County of Orange, State of California, as more particularly shown in
Exhibit "A" attached hereto and incorporated herein by this reference (the "subject property "); and
WHEREAS, the subject property is currently located in the T (Transition) Zone and
the Anaheim General Plan designates this property for Corridor Residential land uses; and
WHEREAS, Tentative Tract Map No. 17387 is proposed in conjunction with (i)
Reclassification No. 2010 -00238 to reclassify the property from the T (Transition) Zone to the RS -4
(Single - Family Residential) Zone, and (ii) Conditional Use Permit No. 2010 -05515 and Variance
No. 2010 -04815 to permit the construction of 32 single - family residences with a reduced rear yard
setback area of 13 feet, 6 inches for 13 of the 32 units and reduced driveway lengths for 18 of the 32
lots; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 27, 2010, at 5:00
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 tentative tract map and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, the Planning 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, did adopt its Resolution No. PC2010 -085 granting Tentative Tract Map No. 17387;
and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, on November 9, 2010, the City Council did hold and conduct such
public hearing and did give all persons interested therein an opportunity to be heard, and did receive
evidence and reports, including all the evidence submitted to the Planning Commission at the time
of its hearing upon said application, and did consider the same; and
WHEREAS, on November 9, 2010, the City Council, 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. 2010 -199 granting Tentative Tract
Map No. 17387; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
parties did request a rehearing of such matter by the City Council; and
WHEREAS, on December 14, 2010, the City Council approved the Request for
Rehearing and did set the matter for a de novo hearing, which public hearing was duly noticed in the
manner provided by law for January 11, 2011; and
WHEREAS, at the request of the Petitioner, the City Council continued the public
hearing from January 11, 2011 to February 15, 2011. On February 15, 2011, the City Council
continued the public hearing to March 22, 2011; and
WHEREAS, on March 22, 2011, the City Council did hold and conduct such public
hearing and did give all persons interested therein an opportunity to be heard, and did receive
evidence and reports, including all the evidence submitted to the Planning Commission at the time
of its hearing upon said application, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the Planning
Commission and all additional evidence and reports offered at said public hearing before the City
Council, the City Council does hereby find and detennine as follows:
1. That the proposed tentative tract map, including its design and improvements, is
consistent with the City of Anaheim General Plan designation of Corridor Residential land use.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or environmental
damage.
3. That the design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
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5. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
WHEREAS, the City Council has reviewed the proposal and does hereby find that
the Negative Declaration is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim does hereby approve Tentative Tract Map No. 17387 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 be deemed
null and void.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that Tentative Tract Map No. 17387 is hereby
approved subject to the approval by the City Council of Reclassification No. 2010 -00238 and
Conditional Use Pen No. 2010 -05515 and Variance No. 2010 - 04815, now pending.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 22nd day of March , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Galloway, Murray
NOES: Council Member Sidhu
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By:
AYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CL RK OF THE CITY OF AN HEIM
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51
EXHIBIT "A"
DEV2010 -00087
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Source: Recorded Tract Maps and/or City GIS.
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Please note the accuracy is +I- two to five feet.
11011
-5-
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17387
(DEV2010- 00087)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR
TO FINAL MAP APPROVAL
1
All existing structures shall be demolished. The developer shall obtain a
Public Works —
demolition permit from the Building Division.
Development
Services
2
The vehicular access rights to Western Avenue, except at the private street
Public Works -
opening, shall be released and relinquished to the City of Anaheim.
Development
Services
3
All lots shall be assigned street addresses by the Building Division. The
Planning -
street name for the private street shall be submitted to and approved by the
Building
Building Division.
Division
4
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works -
approved by the City Attorney's office. The covenant shall include
Development
provisions for maintenance of private facilities such as private sewer, private
Services
street, and private storm drain improvements; compliance with approved
Water Quality Management Plan; and a maintenance exhibit. Maintenance
responsibilities shall include all drainage devices, parkway landscaping and
irrigation on Western Avenue and the Private Street. The covenant shall be
recorded concurrently with the final map.
5
The legal property owner shall execute a Subdivision Agreement, in a form
Public Works -
approved by the City Attorney, to complete the required public
Development
improvements at the legal property owner's expense. Said agreement shall
Services
be submitted to the Public Works Department, Subdivision Section approved
by the City Attorney and City Engineer.
Irel