RES-2010-129RESOLUTION NO. 2010 -129
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TENTATIVE TRACT
MAP NO. 17351. (DEV2010- 00026)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for approval of Tentative Tract Map No. 17351 to establish a 6 -lot, 52 unit attached
condominium subdivision for that certain real property located at 407 - 425 South Anaheim
Boulevard in City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the subject property is currently vacant land and is zoned I (SABC)
(Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently
designates this property for Mixed Use land uses; 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
Tentative Tract Map No. 17351 and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did adopt its
Resolution No. PC2010 -036 containing a report of its findings, a summary of the evidence
presented at said hearing, and did approve Tentative Tract Map No. 17351; and
WHEREAS, Tentative Tract Map No. 17351 is proposed in conjunction with
General Plan Amendment No. 2010 -00478 to re- designate the subject property from the Mixed
Use land use designation to the Medium Density land use designation; Reclassification No.
2010 -00236 to reclassify the subject property from the I (SABC) (Industrial, South Anaheim
Boulevard Corridor Overlay) Zone to the RM -4 (SABC) (Multiple - Family Residential, South
Anaheim Boulevard Corridor Overlay) Zone; and Conditional Use Pen No. 2010 -05483 to
construct a 52 unit affordable condominium project with a deviation in zoning development
standards and density bonus; and
WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the
City Council is the approval authority for general plan amendments; and
WHEREAS, prior to adopting or amending a general plan, the City Council is
required to hold at least one public hearing, notice of such public hearing to be provided as
required by state law; and
WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal
Code, when multiple discretionary land use applications are submitted for concurrent Planning
Commission review and approval, and one or more of such applications requires City Council
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review and approval, all such applications shall be subject to full review and approval by the
City Council as the granting authority; and
WHEREAS, upon receipt of said Resolution No. PC2010 -036, summary of
evidence, report of findings and recommendations of the Planning Commission, the City Council
did fix the 20th day of July, 2010, as the time, and the City Council Chamber in the Civic Center
as the place for a public hearing on proposed Tentative Tract Map No. 17351 and did give notice
thereof in the manner and as provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct a duly noticed public hearing to consider said application and did receive
and consider evidence and testimony for and against the application, and based thereon does
hereby make the following findings:
1. That the proposed subdivision, including its design and improvements, is
consistent with the Medium Density Residential land use designation as proposed in General
Plan Amendment No. 2010 -00478 to re- designate the subject property from the Mixed Use land
use designation to the Medium Density land use designation, and the development standards
applicable to the RM -4 (SABC) (Multiple - Family Residential, South Anaheim Boulevard
Corridor Overlay) Zone.
2. That the site is physically suitable for the proposed development at the
proposed density and therefore would not cause public health or safety problems or
environmental damage.
3. That the design and improvement of the proposed subdivision is not likely
to cause substantial environmental damage or to substantially and avoidably cause injury to fish,
wildlife or their habitat.
4. That the design and improvement of the proposed subdivision is not likely
to cause serious public health problems.
5. That the design and improvement of the proposed subdivision will not
conflict with public easements for access to or use of property within the proposed subdivision.
WHEREAS, the City Council 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 upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the Negative Declaration 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; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim does hereby approve Tentative Tract Map No. 17351 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.
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BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 Tentative Tract Map No. 17351 is hereby
approved subject to the approval by the City Council of General Plan Amendment No. 2010-
00478, Reclassification No. 2010 - 00236, and Conditional Use Permit No. 2010 - 05483, now
pending.
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 is approved and adopted by the City Council
of the City of Anaheim this 27th day of July , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF A EIM
By:
MAYOR OF THE C ANAHEIM
ATTEST:
k L &,,o
CITY CLERK OF THE CITY OF ANAHEIM
77829.v1 /Wordon
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EXHIBIT "A"
DEV2010 -00026
APN:
037 - 022 -11
03702204
03702208
Feet
VII BRA
1
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
149
in
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17351
NO
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO FINAL MAP APPROVAL
1
A maintenance covenant shall be submitted to
Public Works —
the Public Works Department, Development
Development
Services Division and approved by the City
Services
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.
Public Works —
Demolition permits shall be obtained from the
Development
Building Division.
Services
Building
3
The legal property owner shall execute a
Public Works —
Subdivision Agreement, in a form approved by
Development
the City Attorney, to complete the required
Services
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
Public Works —
the Public Works Department for improvements
Development
along the frontages of Elm Street, Santa Ana
Services
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
buildin pen a bond shall be posted in an
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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. Corner
cut -off dedication at Anaheim Boulevard and
Ellsworth Avenue is required.
GENERAL CONDITIONS
9
Subject property shall be developed
Planning
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.
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