Resolution-PC 2009-084RESOLUTION NO. PC2009 -084
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING TENTATIVE TRACT MAP NO. 17333
(410 418 EAST SANTA ANA STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Tentative Tract Map to establish a 57 -lot attached single family residential
subdivision, consisting of 43 residential lots and 14 lettered lots (park and alleys), to allow for
the future construction of 182 condominium units, for certain real property situated in 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.
WHEREAS, this property is currently vacant and is located in the RM -3 (Multiple
Family Residential) zone. The Anaheim General Plan designates this property for Residential
Low- Medium land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 30, 2009, 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 tract reap 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 subdivision, including its design and improvements, is
consistent with the Low Medium Density Residential land use designation in the Anaheim
General Plan and the development standards contained in the RM -3 (Multiple Family
Residential) zone.
2. That the site is physically suitable for the type and density of the proposed
industrial subdivision.
3. That the design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is
currently vacant and no sensitive environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems, as the site is currently vacant and 182 condominium units
will be constructed on the property in compliance with Code requirements.
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5. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
NOW THEREFORE BE IT RESOLVED the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Negative Declaration is
adequate to serve as the required environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Tentative Tract Map 17333 subject 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 property 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 City 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.
BE IT FURTHER RESOLVED 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 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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 30, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resoluti7 the event of an appeal.
2 A 1
CHAIRMAN, ANAtIEI VI CITY'LANNING COMMISSION
ATTEST:
SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION
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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 at a meeting of the Anaheim
City Planning Commission held on September 30, 2009 by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, KARAKI
ROMERO, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of September, 2009.
sf 1
SENIOR SECkETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
TENTATIVE TRACT MAP NO. 17333
a Su fo,
I Feet
GIs
1
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
10825
i
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NO CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL
1
2 The legal property owner shall execute a Subdivision
Agreement, in a form approved by the City Attorney, to
complete the required public improvements in areas not
covered under the Cooperation Agreement between the city of
Anaheim and the Anaheim Redevelopment Agency at the
legal property owner's expense. Said agreement shall be
submitted to the Public Works Department, Subdivision
Section, approved by the City Attorney and City Engineer and
then recorded concurrently with the final map.
3
5
EXHIBIT "B"
TENTATIVE TRACT MAP NO, 17333
A maintenance covenant shall be submitted to the Public
Works Department, Development Services Division and
approved by the City Attorney's office. The covenant shall
include provisions for maintenance of private facilities,
including compliance with approved Water Quality
Management Plan, and a maintenance exhibit. The covenant
shall be recorded concurrently with the final map.
Vehicular access rights to Olive Street, Santa Ana Street, and
Water Street (except at street openings and the private
driveways per Exhibit A attached) shall be released and
relinquished to the City of Anaheim.
4 The legal property owner shall irrevocably offer to dedicate to
the City of Anaheim (Water Engineering Division) an
easement twenty (20) feet in width for water service mains
and/or an easement for large meters and other public water
facilities.
That the property owner shall provide the City of Anaheim
Electrical Engineering Division of the Public Utilities
Department with a public utilities easement to be determined
as electrical design is completed.
6 The final map shall be submitted to the City of Anaheim
Department of Public Works and the Orange County Surveyor
for technical review and verified that all applicable conditions
of approval have been complied with and then shall be
recorded in the Office of the Orange County Recorder.
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RESPONSIBLE
FOR
MONITORING
Public Works
Development
Services
Public Works
Development
Services
Public Works
Development
Services
Public Utilities
Water
Public Utilities
Electrical
Public Works
Development
Services
PC2009 -084
GENERAL CONDITIONS
7 Subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit No. 1
(Tentative Tract Map), and as conditioned herein.
Planning
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City of Anaheim
PLANNING DEPARTMENT
October 20, 2009
John O'Brien
Brookfield Homes
3090 Bristol St., Suite 200
Costa Mesa, CA 92626
SUBJECT: CONDITIONAL USE PERMIT NO. 2009 -0544
TENTATIVE 'TRACT MAP 17333
PC2009 -083 AND PC2009 -084
Dear Mr. O'Brien:
www.anaheim net TEL (714) 765 -5139
Congratulations! Your proposed project at 410 -418 East Santa Ana Street was
approved by the Planning Commission on September 30, 2009. Enclosed is a copy
of the Planning Commission's decision.
The action of the Planning Commission is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to
your project. The City department responsible for monitoring this condition is listed
in the last column (i.e. Planning, Public Works or PoIice).
Please contact David See at (714) 765 -4948 or dsee @anaheim.net, to discuss the
next step for moving your project forward. Also enclosed is a process flow chart
showing the remaining steps necessary to complete your project.
Keep these documents in a secure place. In the event the property is sold, provide
the attached resolution to the new /prospective property owner.
Thank you for choosing Anaheim for your project. Please complete and return the
enclosed survey regarding our process. If there is any way we can improve our
service, let us know.
Sincer ly,
CJ strup. AICP
PI ning Serrvices Manager
Enclosures
c: Anaheim Redevelopment Agency
200 South Anaheim Boulevard
P.0 Box 3222
Anaheim, California 92403