Resolution-PC 2010-085RESOLUTION NO. PC2010 -085
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING TENTATIVE TRACT MAP NO. 17387
(DEV2010- 00087)
(851- 905 SOUTH WESTERN AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Tentative Tract Map No. 17387 to establish a 34-
lot subdivision to permit the construction of 32- single- family residences, including two lettered lots
for non - residential purposes, for that certain real property located at 851 - 905 S. Western Avenue
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, Tentative Tract Map No. 17387 is proposed in conjunction with
Reclassification No. 2010 - 00238, Conditional Use Permit No. 2010 -05515 and Variance No. 2010-
04815; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 27, 2010, at 5:00
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, to hear and consider evidence
for and against said proposed project actions, including Tentative Tract Map No. 17387, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning 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 tentative tract map, including its design and improvements, is
consistent with the City of Anaheim General Plan designation of Corridor Residential land use.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or environmental
damage.
3. That the design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
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S. 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 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby grant the subject Petition for Tentative Tract Map 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 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.
WHEREAS, the 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 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby grant the subject Petition for Tentative Tract Map 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 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.
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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 or prior to the approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 27, 2010. 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 Council R olution in the event of an appeal.
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN PRO - TEMPORE
ANAHEIM CITY PLANNING COMMISSION
1, Grace Medina, 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 September 27, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, KARAKI, PERSAUD, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27" day of September 2010.
r
SENIOR S ETARY, ANAHEIM PLANNING COMMISSION
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APNs:
079 - 441 -10
- 079 -441 -11
W DEERWOOD DR
50 100
Fee.
EXHIBIT "A"
DE'V2010 -00087
rx
Cm)
N
618.05'
618.05'
W BALL RD
0
0
0
w
cc
tri
1
•
W TERANIMAR DR
1 1 1
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11011
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EXHIBIT `B"
TENTATIVE TRACT MAP NO. 17387
(DEV2010- 00087)
NO. CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL
1
All existing structures shall be demolished. The developer shall obtain a
demolition permit from the Building Division.
2 The vehicular access rights to Western Avenue, except at the private street
opening, shall be released and relinquished to the City of Anaheim.
3 All lots shall be assigned street addresses by the Building Division. The
street name for the private street shall be submitted to and approved by the
Building Division.
4 A maintenance covenant shall be submitted to the Subdivision Section and
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities such as private sewer, private
street, and private storm drain improvements; compliance with approved
Water Quality Management Plan; and a maintenance exhibit. Maintenance
responsibilities shall include all drainage devices, parkway landscaping and
irrigation on Western Avenue and the Private Street. The covenant shall be
recorded concurrently with the final map.
5 The legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public
improvements 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.
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REVIEW SIGNED
BY OFF BY
Public Works
Development
Services
Public Works
Development
Services
Planning —
Building
Division
Public Works
Development
Services
Public Works
Development
Services
PC2010 -085