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Resolution-PC 2008-40RESOLUTION NO. PC2008-40 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING ' TENTATIVE PARCEL MAP NO. 2005-285 (717 SOUTH DALE AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Pazcel Map No. 2005-285 to establish a 4-lot, 4-unit detached single family residential subdivision for certain real property situated at 717 South Dale Avenue in the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 31, 2008 at 230 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz 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 heazing, does find and determine the following facts: 1. That the proposed tentative map, including its design and improvements, is consistent with the proposed Anaheim General Plan. 2. That the site is physically suitable for the proposed development and the density proposed. 3. That the design of the subdivision or the proposed improvements wiA observe all existing easements for the use of, or access through the property. 4. That four people indicated their presence at said public hearing in opposition; and that a petition was received with 15 signatures in opposition to subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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. -1- PC2008-40 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Pazcel Map No. 2005-285, upon the following conditions which aze 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: No. Conditions of Approval Responsible for Monitorin TIMING: PRIOR TOAPPROTrAL OFFINALM;4P 1 That the final map shall be submitted to and approved by the City Pubiic 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 properiy 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 sha11 be submitted to the Public Works Departrnent, Development Services Division and approved by the City Attorney and City Engineer and then recorded concurrently 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 maintenance covenant, shall be submitted to the Public Public Works- Works Department, Development Services Division and approved Development by the City Attorney's offlce. The covenant shall include provisions Services for maintenance of private facilities and a maintenance eachibit. 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 the parcel map. Division 6 That the legal properiy owner shall irrevocably offer to dedicate Public Works - to the City of Anaheim, on the final map, an easement 45 feet in Development width from the centerline of the street along Dale Avenue for Services street widening purposes. 7 The private sh~eet plans shall show a stop control for the eastbound Public Works - direction of the private drive at Dale Street and that a stop sign shall TrafFic be installed and stop legend shall be painted on the street. Engineering -2- PC2008-40 8 The developer shall construct a 5-foot wide sidewalk adjacent to Public Works - the right-of-way line, in conformance with Public Works Development Standard Detail No. 110-E, and install landscape and irrigation Services between the sidewalk and curb on Dale Avenue. The improvements shall be shown on the grading plan. The developer shall obtain a Right of Way Construction Permit from the Public Works Deparhnent. 9 The fire lane (private street) shali be posted with "No Parking 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 10 That subject property shall be developed substanrially 4n accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Pla~u~ing Department mazked Exhibit No. 1 and as condi6oned herein. 11 That approval of this pazcel map is granted subject to the approval Planning of Reclassification No. 2007-00214 and Vaziance No. 2007- 04745. 12 That timing for compliance with conditions of approval may be Planning 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 towazd establishment of the use or approved development. 13 That extensions for further time to complete conditions of Plamiiug approval may be granted in accordance with Section 18.60.170 of the Anaheim Munacipal. 14 That approval of this application constitutes approval of the Planning 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. -3- PC2008-40 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 charges 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 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 Mazch 31, 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 Cq~ncil Resolution in the event of an appeal. PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 March 31, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO,VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMIS3IONERS: BUFFA IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of a oY ; ~ , zoos. ~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-40 . <. . w. exowwnr ~ ~ I 1 I 1 a W.ORANO 'PVE . W ~ ~ ' r ' w _ ~_ ~ ~ . ° w.anu no ~ ~ .~ ~.~ H ~.~ ~ ~ 1 ~