Resolution-PC 2007-131^
RESOLUTION NO. PC2007-131
•
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE TRACT MAP NO. 17047 BE APPROVED
(121 AND 131 SOUTH DALE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Tentative Tract Map No. 17047 for certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1:
THE NORTH 148.00 FEET OF THE SOUTH 296.00 FEET OF THE EAST 4 ACRES OF THE
NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST
30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, SAN
BERNARDINO BASE AND MERIDIAN.
EXCEPTING THEREFROM THE NORTH 53.5 FEET THEREOF.
PARCEL 2:
THE NORTH 53.5 FEET OF THE SOUTH 296 FEET OF THE EAST 4 ACRES OF THE
NORTH 10 ACRES OF THE EAST 13 ACRES OF THE NORTH 18 ACRES OF THE EAST
30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, R.ANGE 11 WEST, S.B.B. &M.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 20, 2007 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 map and to investigate and make findings and recommendations in
connection therewith; and that said public hearing was continued to the September 5, 2007 and
October 29, 2007, Planning Commission meeting; 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 tentative map, including its design and improvements, is
consistent with the proposed Anaheim General Plan.
2. That the site is physically suitable for the proposed development and the density
proposed.
3. That the design of the subdivision or the proposed improvements will observe all
existing easements for the use of, or access through the property.
-1- PC2007-131
• •
4. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative
Declaration 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 Anaheim Planning
Commission does hereby grant subject Petition for Tentative Tract Map No. 17047, upon the
following conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the health and safety of the Citizens of the City of
Anaheim:
Prior to approval of the final map or within a period of two (Z) vears from the date of this
resolution, whichever occurs firs~ the followin~ conditions shall be complied with:
That the final map shall be submitted to and approved by the City of Anaheim and the
Orange County Surveyor and then shall be recorded in the Office of the Orange County
Recorder (Subdivision Map Act, Section 66499.40).
2. 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 /Development
Services approved by the City Attorney and City Engineer and then recorded concurrently
with the final parcel map.
3. That the access drive, sanitary sewer and storm drain within the development shall be
privately maintained. Improvement plans for the sanitary sewer, and private drainage
system shall be submitted to the Public Works/Development Services concurrently with the
final map.
4. That a maintenance covenant, shall be submitted to the Public Works/Development Services
and approved by the City Attorney's office. The covenant shall include provisions for
maintenance of private facilities, including landscape and building maintenance, compliance
with approved Water Quality Management Plan, and a maintenance exhibit. The covenant
shall be recorded concurrently with the final map.
5. That the legal property owner shall execute an agreement concerning Community Drive
Approaches, in a form approved by the City Attorney. Said agreement shall be submitted to
the Public Works/Development Services, approved by the City Attorney and then recorded
concurrently with the final map.
-2- PC2007-131
• •
6. That the developer shall submit street improvement plans to the Public Works /Development
Services to improve Dale Avenue (4-lane secondary arterial) in conformance with Public
Works Standard Detail 160-A and the City of Anaheim General Plan.
7. That the abandonment of any existing City of Anaheim public utilities easements
conflicting with building footprints is required. The applicant shall submit an abandonment
application, copy of recorded easement, Grant Deed or Title Report, and sketch of area to
be abandoned for review and processing.
8. That all condominium units shall be assigned street addresses by the Building Division. Street
names for any new public or private street (if requested by the developer or required by the
City) shall be submitted to and approved by the Building Division.
9. That private sanitary sewer and storm drains for this development shall be privately
maintained.
10. That recordation of a Save Harmless in-lieu of Encroachment Agreement is required for any
private storm drains connecting to a City stortn drain.
11. That approval of this tract map is granted subject to the approval of General Plan
Amendment No. 2007-00456, Reclassification No. 2007-00200 and Conditional Use
Permit No. 2007-05204.
12. That 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 Deparirnent marked Exhibit Nos. 1 through 5, and as conditioned herein.
General Conditions:
13. That the property shall be permanently maintained in an orderly fashion through the
provision of regular landscaping maintenance, removal of trash or debris, and removal of
graffiti within twenty-four (24) hours from the time of discovery.
14. 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.
15. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
16. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Ana.heim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
-3- PC2007-131
~
~
BE IT FURTHER RESOLVED that the Anaheim 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 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. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 29, 2007. 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 Resolution in the event of an appeal.
CHA , ANAHEI LANNING COMMISSION
ATTEST:
'ARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 October 29, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
' ~ Q.~/ , 2007. ~
TARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-131