Resolution-PC 2013-046RESOLUTION NO. PC2013 -046
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO, 17164
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00135)
(3083 — 3087 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission ") did receive a verified petition to approve Tentative Tract Map No.
17164 to establish a 15 -lot residential subdivision (herein referred to as the 'Proposed Project ")
for that certain real properties located at 3083 — 3087 West Ball Road, in the City of Anaheim,
County of Orange, State of California, as generally depicted on Exhibit A attached hereto and
incorporated herein by this reference (the 'Properties "); and
WHEREAS, the Properties are currently developed with two single family homes and are
located in the T (Transition) Zone. The Anaheim General Plan designates this Properties for
Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 17, 2013 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 Chapter 18.60
(Procedures) of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and
consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, as the 'lead agency" under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA" ), the Planning Commission
finds and determines that Environmental Impact Report No. 330 ( "EIR 330 "), certified in
conjunction with the City's General Plan Update program, is all that is necessary in connection
with the Proposed Project and its approval and that none of the conditions set forth in Sections
15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent
environmental impact report or a supplement to EIR 330 have occurred; 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 with respect to the request to establish a 15 -lot residential subdivision, does find and
determine the following facts:
1. The proposed subdivision, including its design and improvements, is consistent
with the Corridor Residential land use designation in the Anaheim General Plan and the
development standards contained in the RM -1 (Multiple Family Residential) zone.
2. The site is physically suitable for the type and size of the proposed commercial
subdivision.
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3. The design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive
environmental habitat has been identified on the site.
4. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems, since any new structures and associated site improvements will
be constructed on the property in compliance with Code requirements.
5. 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Tract Map No. 17164, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60. 170 of the Code. 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 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. 17164 is approved
contingent upon and subject to approval by the City Council of a proposed ordinance approving
Reclassification No. 2013 - 00253.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code.
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.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
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. Failure to pay all charges shall result in the revocation of the approval of this
application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
Wkw Cl- �
CHAIR, ANAHEIM CITY COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 June 17, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of June, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00135
APN: 079 - 894 -08
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v Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is tl- two to five feet.
4- PC2013 -046
EXHIBIT `B"
TENTATIVE TRACT MAP NO. 17164
(DEV2012- 00135)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
GENERAL
I
Prior to final map approval, all existing structures shall be
Building
demolished. The developer shall obtain a demolition permit
from the Building Division.
2
Prior to final map approval , vehicular access rights to Ball
Public Works —
Road, except at approved street opening, shall be released and
Development
relinquished to the City of Anaheim.
Services
3
Prior to final map approval, a maintenance covenant shall be
Public Works —
submitted to the Subdivision Section and approved by the City
Development
Attorney's office. The covenant shall include provisions for
Services
maintenance of private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance
exhibit. Maintenance responsibilities shall include parkway
landscaping and irrigation on Ball Road and the Private Street.
The covenant shall be recorded concurrently with the final map.
4
Prior to final map approval, the legal property owner shall
Public Works —
execute a Subdivision Agreement, in a form approved by the
Development
City Attorney, to complete the required public improvements at
Services
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.
5
Public Works —
Prior to final map approval, street improvement plans shall be
Development
submitted for improvements along the public right -of -way of
Services
Ball Road and for the private streets; including relocation of
utility poles and traffic related improvements. Improvements
shall conform to City Standards and as approved by the City
Engineer. Parkway landscaping and irrigation shall be installed
on Ball Road and the private street. A bond shall be posted in
an amount approved by the City Engineer and a form approved
by the City Attorney prior to final map approval. The
improvements shall be constructed prior to final building and
zoning inspections.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
6
The legal property owner shall irrevocably offer to dedicate to
Public Works —
the City of Anaheim on the final map an easement 53 -feet in
Development
width from the centerline of Ball Road for road and public
Services
utilities purposes.
7
Prior to issuance of the first building permit, excluding model
Public Works —
homes, the final map shall be submitted to and approved by the
Development
City of Anaheim and the Orange County Surveyor and then shall
Services
be recorded in the Office of the Orange County Recorder.
8
The property shall be developed substantially in accordance
Planning
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.
9
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
"Indemnitees ") from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant's indemnification is
intended to include, but not be limited to, damages, fees and/or
costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys'
fees and other costs, liabilities and expenses incurred by
Indemnitees in connection with such proceeding.
10
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
of the issuance of the final invoice or prior to the issuance of
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval
of this application.
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