Resolution-PC 2007-133RESOLUTION NO. PC2007-133
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE PARCEL MAP NO. 2004-177 BE APPROVED
(1501 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Tentative Parcel Map for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
An irregularly-shaped approximately 3.3-acre area situated in the County of Orange,
State of California, as shown in Attachment No. 1 attached hereto and incorporated
herein by this reference as if set forth in full;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 29, 2007, at 2:30 p.m., notice of said public hearing having been
duly given as required by ]aw and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative parcel
map and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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 map is consistent with the General Plan and the General
Commercial Zone (C-G).
2. That the site is physically suitable for the proposed type and intensity of
development and therefore would not cause public health problems or environmental damage.
3. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative
Declaration 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 Anaheim Planning Commission
does hereby grant subject Petition for Tentative Parcel Map, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health and safety of the Citizens of the City of Anaheim:
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby approve subject Petition for Tentative Pazcel Map on the basis of the aforementioned
findings found to be a necessazy prerequisite to the proposed use of the subject property in order to
preserve the health and safety of the Citizens of the City of Anaheim:
Prior to approval of the final map or within a period of two (2) Vear from the date of this
resolution, whichever occurs first, the following conditions shall be comalied with:
1. 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 (Subdivision Map Act, Section 66499.40).
2. That the developer shall irrevocably offer to dedicate to the City of Anaheim an easement
sixty (60) feet in width from the construction centerline of Lincoln Avenue for street
widening purposes.
3. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans aze on file
with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
General Conditions:
4. That timing for compliance with conditions of approval maybe 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.
5. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
6. 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 regazding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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.
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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 delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 29, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHA , ANAHE ,ANNING COMMISSION
ATTEST:
SENIOR SVECRETARY, ANAHEIM 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 October 29, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO,VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this j L~`~ day of
AJ V~ Pig , 2007. ~
SECRETARY, ANAHEIM PLANNING COMMISSION
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