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Resolution-PC 2011-063RESOLUTION NO. PC2011 -063 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17416 (DEV2010- 00179) (3323 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Tentative Tract Map No. 17416 to establish a 29- lot subdivision to permit the construction of 25- single- family residences, including four lettered lots for non - residential purposes, for that certain real property located at 3323 West Ball Road in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Tract Map No. 17416 is proposed in conjunction with Reclassification No. 2011-00243, Conditional Use Permit No. 2011 -05565 and Variance No. 2011- 04858; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 29, 2011, 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 proposed project actions, including Tentative Tract Map No. 17416, 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, does find and determine the following facts: 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. -1- PC2011 -063 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 Planning Commission 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 Planning Commission does hereby grant the subject Petition for Tentative Tract Map 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 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. WHEREAS, the Planning Commission 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 Planning Commission does hereby grant the subject Petition for Tentative Tract Map 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 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. -2- PC2011-063 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 29, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Murii4a1 Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } NOES: COMMISSIONERS: NONE CHAIRMAN, ANAHEIM PLANNI ' 1 MISSION I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 29, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of August 2011. SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2011 -063 EXHIBIT "A" DEV NO. 2010 -00179 AP N : 079 - 454 -24 70 Iflt 0 DEERWOOD DR 0 W TERANIMAR DR J W GLEN HOLLY DR 331.61' 331.64' W BALL RD CG CS w cn a.0 u r- H L!1 W DEERWOOD DR W RAVENSWOOD DR Source: Recorded Trac Maps and/or City GIS. Please note the accuracy is +1- two to five feet. -4- PC2011 -063 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Planning — Building Division 2 The vehicular access rights to Ball Road, except at the private street opening, shall be released and relinquished to the City of Anaheim. Public Works — Development Services 3 All lots shall be assigned street addresses by the Building Division. The street name for the private street shall be submitted to and approved by the Building Division. Planning — Building Division 4 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private 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 Ball Road, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works — Development Services 5 That prior to the issuance of a building permit, plans shall be submitted showing stop control for the private drive. A stop sign shall be installed and stop legend shall be painted in the southbound direction at Ball Road prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works — Development Services 6 That prior to final map approval, street improvement plans shall be submitted for improvements along the frontage of Ball Road and the private streets. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on Ball Road and the private street. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works — Development Services EXHIBIT "B" TENTATIVE TRACT MAP NO. 17416 (DEV2010- 00179) -5- PC201 1 -063 7 That prior to final map approval, the zone change associated with Reclassification No. 2011 -00243 shall be completed through the adoption of an ordinance by the City Council finalizing the rezoning. 8 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works — Development Services 9 That prior to final building and zoning inspection, the developer shall improve the streets as follows: 1) improve private streets per City standard detail 162 or as approved by the City Engineer, 2) improve Ball Road per City standard detail 160 -A (public). Public Works — Development Services 10 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, Subdivision Section approved by the City Attorney and City Engineer. Public Works — Development Services -6- PC2011 -063