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Resolution-PC 2009-046RESOLUTION NO. PC2009-046 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING TENTATIVE PARCEL MAP NO. 2008-188 (929 NORTH NY LANE) WHEREAS, the Anaheim City Planning Commission did receive a verified PetiCion far Tentative Parce] Map No. 2008-188 to establish a 4-lot single family residential subdivision for certain real property situated at 929 North Ivy Lane i~ the City of Anaheim, County of Orange, State of Califomia, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Tentative Parcel Map No. 2008-188 is proposed in connection with Variance No. 2009-04773 to conswct fo~r single-family residential dweAing units; and WHEREAS, the property is currently vacant and is locaCed iu the RS-2 (Single- Family Residential) zone; that the Anaheim General Plan designates this property for Low- Density Residential la~d uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center i~ the City of Anaheim on Mazch 30, 2009 at 2;30 p.m., notice of said public hearing having been duly given as required by law and in accordaoce with the provisio~s of the AnaUeim 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 WHEREAS, said Commission, after due inspectio~, 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 khe proposed tentative map is consistent with the Anaheim General Plan. The General Plan designates the property for Low Density Residential land uses with a ma~cimum density of 6.5 dwelling units per acre and the density of the proposed su6divisipn is 5.6 dwelling units per acre. 2. That the desigo of the proposed single-family residentia] subdivision is consistent with General Plan. The site design is consistent with the character of the neighborhood. 3. That the site is physically suitable for the proposed development and the density proposed. - 1 - PC2009-046 4. That the design of the subdivision would not cause substantial environmental damage, would not subsYantially and avoidably injure fish or wildlife or their habitaC, and would not cause serious public health problems as the property was previously developed with five single-family residences prior to the Interstate 5 Freeway widening. 5. That tbe design of the s~bdivision will observe all existing easements for the use of, or access throagh the property. NOW TF3EREFOR~ BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative DeclaraCion in connection with Tentative Parcel Map No. 2008-188 is adequate to serve as the required environmental documentation in connecCion with this request. BE IT FURTHBR RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does bereby grant subjecC PetiTion for Tentative Parcel Map No. 2008-188 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein by reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED Chat tbe Anaheim City Planning Commission does hereby find a~d determine that adoprion of this Resolutaon is expressly predicated upon applicant's compliance with each and all of the condiCions hereioabove set forCh. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of compeYent jurisdictian, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTI~R RESOLVED that the applicant is responsible for paying all charges related to the processing of this discreYionary case applicakion within 15 days of the issuance of tbe final invoice. Failure to pay all charges sball result in delays in Yhe issuance QF required permits or the revocation of the approval of this applica6on. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 30, 2009. Said resolutaon is subject to the appeal provisions seC forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaiAing to appeal procedures and may be replaced by a City Counci] Resolutio~ in the event of an appeal. CHAIl2MAN, ATPIAH~INf'CITY PILANNING COMMISSION ATTEST: SENIOR SECR~TARY, ANAHEIM CITY"PLANNING COMMISSION - 2 - PC2009-046 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted aC a meeting of the Anal~eim Ciry Planning Commission held on March 30, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO NOES: COMMI3SIONERS: RAMIREZ ABSENT: COMTvIISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 30`h day of March, 2009. SENIOR SL-~212ETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-046 EaxisiT ~~a~~ TENTATIVE PARCEL MAP NO. 2008-188 z J } ~ s'~R ~F~ qy ~ o so iso~ Souroe: Recorded Tract Maps andPor City GIS. ,.,.,,~ Please note the accurecy is +/- twp to five feei. 10730 - 4 - PC2009-046 DOGWOOD AVE EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2008-188 No. Conditions of Approval Responsible for Monitorin PRIOR TO APPROVAL OF FINAL MAP 1 The final map shaA be submitted to and approved by the City of Public Works - Anaheim and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder. Services 3 All access drives, sanitary sewer and storm drains within the Public Works - development shall be privately maintained. Development Services 4 ' The abandonment for portions of the blanket easement affecting Public Works - proposed Parcels 2 and 4 shall be approved by the Public Works Development Department, Development Services Division. Services 5 An improvement cercificate shall be placed o~ the final map to Public Works - relocate aA irrigation related imprQVemenTS currenfly within t}~e Development boundary of proposed Parcel 2 as directed by the City Engineer Services prior to issuance of building permits for fature building or site developmeot plans. 6 A maintenance covena~t shall be submitted to the Public Works Public Works - Departmeut, Development Services Division and approved by the Development Ciry AtCOmey's Office. The covenanC shall incl~de provisio~s for Services the maintenance of private sewer facilities and a maintenance exhibit. The coveuant shall be recorded conc~rrently with the final maP• __ 7 Final Parcel Map No. 2008-188 shall include a private sewer Fublic Works - easement over Parcel 2 to serve Parcels 1, 3 and 4, and over Parcel Development 4 to serve Parcels 1 and 3. Services 6 All parcels shall be assigned street addresses by the Building Planning Division. - 5 - PC2009-046 GENERAL 7 Subject property shall be develpped substantially in accordance Planning ' with plans and speoifiaations submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1(Tentative Parcel Map) and as conditioned herein. & Approval of this parcel map is granted subject to the approval of Planning Variance No. 2009-04773. 9 Timing for compliance with conditions of approval may be Planning amended by the Planning Airector upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condiCion(s), (ii) tbe modification complies with the Anaheim Manicipal Code and (iii) tt~e applicant bas demonstrated significant progress towazd establishment of the nse or appraved development. 10 Exteosions for further time ko complete conditioos of apgroval Planning may be granted in accordance with SecCion 18.60.170 of the Anaheim Municipal. 11 Approval of tbis application constitutes agproval of the proposed Planning request only to the extent that it complies with the Anaheim Municipal Zoning Code and a~y other applicable City, State and Federal regulatians. Approval does noC include any action or findings as to complinnce or approval of the request regarding any other applicable ordinance, regulaCion or reguirement. - 6 - PC2009-046