Resolution-PC 2008-3•
RESOLUTION NO. PC2008-3
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A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE TRACT MAP NO. 17164 BE APPROVED
(3083 AND 3087 WEST BALL ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Tentative Tract Map No. 17164 for certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
3083 West Ball Road:
THE WEST 165 FEET OF THE SOUTH 264 FEET OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE WEST 6 FEET OF THE SOUTH 150 FEET THEREOF.
3087 West Ball Road:
THE EAST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP
4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND
THE WEST 6 FEET OF THE SOUTH 150 FEET OF THE WEST 165 FEET OF THE SOUTH
264 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, SAN BERNARDINO BASE AND MERIDIAN.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 10, 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 January 7, 2008,
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.
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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.
4. That three persons indicated their presence at said public hearing in opposition;
and that one letter 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. 17164, 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:
COA Conditions of Approval Responsible for
Monitorin
TIMI G: PRIOR TO fIPPROYAL PF FINAL ,'-IAP
COA1 That the final map shall be submitted to and approved by the City Public Works -
ofAnaheim and the Orange County Surveyor and then shall be Development
recorded in the Office of the Orange County Recorder Services
(Subdivision Map Act, Section 66499.40).
COA2 The legal property owner shall execute a Subdivision Agreement, Public Works -
in a form approved by the City Attorney, to complete the required Development
public improvements at the legal property owner's expense. Said Services
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 map.
COA3 That the access drive, sanitary sewer and storm drain within the Public Works -
development shall be privately maintained. Improvement plans Development
for the sanitary sewer, and private drainage system shall be Services
submitted to the Public Works/Development Services
concurrently with the final map.
COA4 That a maintenance covenant, shall be submitted to the Public Public Works-
Works/Development Services and approved by the City Attorney's Development
office. The covenant shall include provisions for maintenance of Services
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.
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COA Conditions of Approval Responsible for
Monitorin
COAS That the legal property owner shall irrevocably offer to dedicate Public Works -
to the City of Anaheim, on the final map, an easement of 53-feet Development
from the centerline of Ball Road for road, public utilities and Services
other public purposes.
COA6 That prior to issuance of building permits, the existing houses on Public Works -
the properties shall be demolished. The legal property owner Development
shall obtain a demolition permit from the Building Division. Services
COAT That the abandonment of any existing City of Anaheim public Public Works -
utilities easements conflicting with building footprints is required. Development
The applicant shall submit an abandonment application, copy of Services
recorded easement, Grant Deed or Title Report, and sketch of
area to be abandoned for review and processing.
COA8 That all condominium units shall be assigned street addresses by Planning
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.
COA9 That private sanitary sewer and storm drains for this development Public Works -
shall be privately maintained. Development
Services
COA10 That approval of this tract map is granted subject to the approval Planning
of Reclassification No. 2007-00200 and Conditional Use Permit
No. 2007-05268.
COAL l That subject property shall be developed substantially in accordance Planning
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 Nos. 1 through 5, and as conditioned
herein.
GEN RAL
COA12 That timing for compliance with conditions of approval maybe Planning
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.
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COA Conditions of Approval Responsible for
Monitorin
COA13 That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170 of
the Anaheim Municipal.
COA14 That approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim 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.
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 January 7, 2008. 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.
CHAI1tMAl~IANAHEIM PI~dNING COMMISSION
ATTEST: ~~ ,r
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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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 January 7, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: ROMERO
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
January, 2008.
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/l ~,~ ~--/ -.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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