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Resolution-PC 2008-108RESOLUTION NO. PC200$-108 A RHSOLUT30N OF THE ANAHEIlVI PLANNII~FG COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING TENTATNE PARCEL MAP NO. 2006-229 ~ (7260 CANYON RIM ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Pazcel Map No. 2006-229 to establish a 3-lot, 3-unit detached single family residential subdivision for certain real property situated at 7260 Canyon Rim Road in the City of Anaheim, County of Orange, State of Califomia, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHERBAS, the property is currently vacant and is located in tUe T(SC) (Transition - Saenic Corridor Overlay) zone; that the Anaheim General Plan designates this property for Low-Medium Hillside ResidenCial laud uses; and WHEREAS, the Planning Commission did hpld a public hearing at the Civic Center in the City of Anat~eim on October 13, 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 "Procedures", 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 said public hearing was continued to October 27. 2008; and WIIEREAS, 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, incl~iding its design and improvements, is consistent with the proposed Anaheim General Plan. 2. That the site is physically suiTable for the proposed developmenY and the density proposed. 3. That the design of the subdivision or the proposed improvements will observe all existing easements for the use of, or access through the properry. 4. That three persons indicated their presence at said public hearing in opposition; and that five corresponde~ces were received in opposition to subject petition. One person related some coocerns pertaining Yo the subjeet project. NOW THEIZEFORE BE IT RESOLVED Yhat the Ana~ieim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration in connection with Tentative Parcel Map No. 2006-229 is adequate to serve as the reqnired environmental documentation in connection with this request. - 1 - PC2008-108 BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby grant subject Petition for Tentative Pazcel Map No. 2006-229 subject to the conditions of approval described in E~ibit "B" attached hereto and incorporated herein by reference which aze hereby found to be a necessary prerequisite to the - proposed use of the subject pxoperty in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim. 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 declazed 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 the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall resuit 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 27, 2008. 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 Counczl Resolution in the event of an appeal. CHAIRMAN ATTEST: / ~~ SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) COMMISSION 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 Comznission held on October 27, 2008, by the following vote of the members thereof: AYES: COMMIS3IONERS: BUFFA, EASTMAN, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: AGARWAL „ ABSENT: COMMISSIONERS: KARAKI ~, IN WITNESS WI-IEREOF, I have hereunto set my hand this ~ ~Zday of November, 2008. ,/~'~-- SECRETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2008-108 ExxisiT °°n°~ TENTATIVE PARCEL MAP NO. 2006-229 - 3 - PC2008-108 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2006-229 No. Conditions of Approval Responsible for Monitorin TIMING: PRIOR TO APPROVAL OF FINAL MAP 1 That tbe final map shall be submitted to and approved by the City Public Works - of Anaheim and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder. Services 2 The legal property owner shall execute a Subdivision Agreement, Public Works - in a form approved by the City Attomey, to complete the required Development public improvements at the legal property owner's expense. Said ' Services agreement shall be submitted to the Public Works Department, Development Services Division and approved by the City Attomey and City Engineer and then recorded cancurrenfly with the final map. 3 That the access drive, sanitary sewer and storm drain within the Public Works - development shall be privately maintained. Improvement plans Development for the private street, sanitary sewer, and private drainage system Services and the grading plan shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 4 That a znaintenance covenant, shall be submitted to the Public Public Works- Works Department, Development Services Division and approved Development by the City Attomey's office. The covenant sha11 include provisions Services for maintenance of prSvate faciliries and a maintenance exhibit. The ' covenant shall be recorded concurrently with the final map, 5 The developer shall submit a request for a street name for the Planning - private street. The street name must be approved by the Building Building Division and placed on Yhe parcel map. Division 6 The fire lane (private street) shall be posted with "No Pazking Any Public Works - Time" and that said information shall be specifically shown on the Traffic private street plans and on plans submitted for building permits. Engineering GENERAL 7 That subject property shall be developed subsCanrially in acoordance Planning with plans and specificarions submitted to the City of Anaheim by the applicant and which plans aze on file wiCh the Planning ~ Department marked Exhibit No. 1 and as conditioned herein. - 4 - PC2008-108 8 That approval of this parcel map is granted subject to the approval Planning of Reclassification No. 2008-00215 and Variance No. 2008- 04749. 9 That timing for compliance with condirions of approval may be Planning amended by the Planning Director upon a showing of good cause provided O~ equivalent timing is established that sarisfies Ci~e original intent and purpose of the oondition(s), (ii) Che inodifiaation complies with the Anaheim Municipal Code and (iii) the applicant has demonstraTed significant progress toward establishment of the use or approved development. 10 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 1$.60.170 of t~ie Anaheim Muuicipal. 11 That approval of this application constitutes approval of the Planning proposed request anly to the extent that it complies with Ykae Anaheim Mxmicipal Zoning Code and any otUer applicable Ciry, 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. - 5 - PC2008-108