Resolution-PC 2008-109RESOLUTION NO. PC2008-109 -- .._.
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION AND
APPROVING TENTATIVE PARCEL MAP NO. 2008-146
(I600 SOUTH DISNEYLAND DRIVE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Tentative Parcel Map No. 2008-146 to establish a map for eondominium purposes £or ceRain real
property situaTed in the Disneyiand Resort Specific Plan in The Anaheim Resort area pf 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, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 7_7, 2008, at
230 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 Tentative Parcel Map No. 2008-1a6, 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 detarmine Ybe following facts:
1. That the proposed tentative parcel map, including its design at~d improvements, is
consistent wiCh Che City of Anaheim General Plan designation of Commercial Recreation land use.
2. ThaY 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 or khe 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 ibe type of improvements ~s not likely to eause
serious public health problems.
5. That the design of Che subdivision or the type of improvements will not conflict with
easements, acquired by Che public at large, for access throiigh or use of property within the ~roposed
subdivision.
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6. That no one indicated thair presence at said public hearing in opposition; and tk3at no
correspondence was received in opposition to the subjeet peCition. ~
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NOW, THEREFORE, BE IT RESOLVED, the proposed project falis within the
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definition of Categorical Exemptions, Section 15315, Class 15 (Minor Land Divisions), as defined
in the State CEQA Guidelines and is therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Tentative Parcel Map 2008-146 subjeck 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 properiy in order to
preserve the health, safety and general welfare 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
oompliance with each and ail of the conditions hereinabove set forth. Should any such condition, or
any part t6ereof, 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 Yhat Yhe 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
meeking 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 partaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN PRO-'
ATTEST:
YLANN1NCi CUMM1SS1lJN
~~ C~~"`~°'c~' ~d~fe"i"'`"
SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 October 27, 2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: EASTMAN
ABSENT: CONIMISSIONERS: KARAICI
IN WI'I'NESS WHEREOF, I have hereunto set my hand this ~ ~T"~ day of
November, 2008.
i~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
TENTATIVE PARCEL MAP NO. 2008-146
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PC2008-109
ExxisiT °~s~°
TENTATIVE PARCEL MAP NO. 2008-146
Responsible for '
No. Conditions of Approval Monitoring
PRIOR TO FINAL MAPAPPROT~AL
1 That a lot tie covenant to allow the joining of hvo separate parcels into a single Public Works,
building site and a covenant which include provisions for maintenance of private ' Development
faciiities and a maintenance exhibit shall be recorded with the Office of the Services
Orange Counry Recorder.
2 That the 6na1 map shall be recorded within a period of two (2) years from the Public Works,
date of this resolution. Extensions for further time to complete said conditions Development
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Services
Code.
GENE~L
3 That a final map shall be submitted to and approved by the City of Anaheim and the Public Works,
Orange County Surveyor and then shall be recorded in the Office of the Orange Development
Counry Recorder. Services
4 ThaC subject property shall be subdivided substantially in accordance with glans and Planning
specificarions submitted to the City of Anaheim by the petitioner and which plans
are on file with the Planning Department marked E~chibit No. 1; and as conditioned
herein.
5 That ail provisions of SecTion No. 18.114.120 ReqLiirements for Vacation Planning
Ownezship ResorCS tu~its shall be wmplied with.
6 ThaT approval of this application constitutes approval of the proposed request Planning
anly 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 Yo compliance or approval of the iequest
regarding any other applicable ordinance, regulation or requirement.
7 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 ti~e 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.
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