Resolution-PC 2010-036RESOLUTION NO. PC2010 -036
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING TENTATIVE TRACT MAP NO. 17351
(DEV2010- 00026)
(407 —425 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission did receive a verified Petition for A
Tentative Tract Map to establish a 6 -lot, 52 unit attached condominium subdivision. for that
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; and
WHEREAS, this property is currently vacant and is located in the I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay) zone. The Anaheim General Plan
designates this property for Mixed Use land uses; and
WHEREAS, Tentative Tract Map No. 17351 is proposed in conjunction with
General Plan Amendment No. 2010 -00478 to redesignate the property from the Mixed Use to the
Medium Density Residential land use designation, Reclassification No. 2010 -00236 to reclassify
the property from the I (SABC) to the RM -4 (SABC) zone, and Conditional Use Permit No.
2010 -05483 to construct a 52 unit affordable condominium project with a deviation in zoning
development standards and density bonus; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 24, 2010. at 3:30 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
amendment to Tentative Tract Map No. 17351, as described above, 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 proposed Medium Density Residential land use designation in the Anaheim
General Plan and the development standards contained in the RM-4 (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.
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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 52 residential units will
be constructed on the property in compliance with Code requirements.
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.
WHEREAS, the Planning Commission has reviewed the proposal and does
hereby find and determine that the Negative Declaration is adequate to serve as the required
environmental documentation in connection with this request.
NOW BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve Tentative Tract Map 17351, to read as shown 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 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 May 24, 2010. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Muni al Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in,t event of an a peal.
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A'1'1'hST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Eleanor Morris, 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 May 24, 2010 by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of May, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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APN:
c 037-022-11
03702204
03702208 N1
0370221
EXHIBIT "A"
DEV2010 -00026
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Source: Recorded Tract Maps and/or City GS.
Please note the accuracy is +1- two to five feet.
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PC2010 -036
TENTATIVE TRACT MAP NO. 17351
EXHIBIT "B"
NO CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL
1 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. Maintenance responsibilities shall
include parkway landscaping and irrigation on
Elm Street, Anaheim Boulevard, and Santa Ana
Street and the private street. The covenant shall
be recorded concurrently with the final map.
2 All existing structures shall be demolished.
Demolition permits shall be obtained from the
Building Division.
3 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.
4 Street improvement plans shall be submitted to
the Public Works Department for improvements
along the frontages of Elm Street, Santa Ana
Street, Anaheim Boulevard, and the private street
Improvements shall conform to the Greater
Downtown Anaheim Guideline and approved by
the City Engineer. Prior to the issuance of a
building permit, a bond shall be posted in an
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REVIEW BY SIGNED
OFF BY
Public Works
Development
Services
Public Works
Development
Services
Building
Public Works
Development
Services
Public Works
Development
Services
PC2010 -036
amount approved by the City Engineer and in a
form approved by the City Attorney.
5 The legal property owner shall irrevocably offer Public Utilities
to dedicate to the City of Anaheim (Water 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.
6 That the property owner shall provide the City Public Utilities
of,Anaheim Electrical Engineering Division of Electrical
the Public Utilities Department with a public
utilities easement to be determined as electrical
design is completed.
7 The final map shall be submitted to the City of Public Works
Anaheim Department of Public Works and the Development
Orange County Surveyor for technical review Services
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.
8 The property owner shall irrevocably offer to Public Works
dedicate to the City of Anaheim the easements Development
per street right -of -way section herein for streets, Services
public utilities and other public purposes. Comer
cut -off dedication at Anaheim Boulevard and
Ellsworth Avenue is required.
GENERAL CONDITIONS
9 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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