Resolution-PC 2008-79RESOLUTION NO. PC2008-79
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ---
DETERMINING THAT PREVIOUSLY-APFROVED ENVIRONMENTAL IMPACT REPORT
NO. 330 AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL.
DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17295
(NORTHEAST CORNER OF OLNE STREET AND SOUTH STREET)
WHEIZEAS, the Anahei3n Plamzing Commission did receive a verified Petition
for Tentative Tract Map No. 17295 for certain real property siYuaYed in the City of lviaheim,
CounCy of Orange, State of California, sliown on Exl~ibit A, attaclted hereto and incor~orated
herein by this referenee; and
WHEREAS, TentaYive Tract Map No. 16994 was approved by the Planning
Commissioal on Septembar 18, 2006 for a 63 lot, 339 miit attacl~ed singie-family residential
condominium subdivision; and
WHEREAS, Fina] Tract Map No. 17077 was recorded in Che Office of tl~e County
Recorder for tlte southerly portion oPthe project site; and
WHEREAS, Tentative TracY Map No. 17295 is proposeci to establish a 13-lot (5-
lettered and 8-numUered) and 74 unit airspace subdivision for an affordable single-family
attacl~ed condominiiml platvied unit development over the easterly portion of Final TracY Map
No. 17077; a~~d
WHEREAS, this properry is currenC3y under construction, with a partion of Yhe
approved ~iiiits sold and occupied; and
WHEREAS, tlie Anaheiin General Plan designates this property for Low-Medium
and Medium Density ResidenYial land uses and this praperty is located iai tUe ItM-3 and RM-4
(M~~ltiple-Family Residentia]) zones; and
~ WHEREAS, tl~e Plam~ing Commission did hold a public liearing at tl~e Civic
Center in tlae City of Anal~ein~ on August 18, 2008, at 230 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions oP tl~e .Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use pennit and to investigate and make findings and reco~nmendations in connection
therewiUt; and
WHEREAS, said Conmtission, after due inspection, iirvestigation a~id study inade
by itself a~td in its belialf, a;id afCer due consideration of all evidence and reporCs offered at said
hearing, does find and determine tlle following facts:
1. That the proposed t~entative tract map, including its dasign and improvements, is
consistent witl3 flie Anahei~n General Pla~i and the MulTiple-Family Residential (RM-3 and RM-
4) zones.
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2. That tMe site is physically suiYable for flie proposed resideutial development at a
proposed density tl~at is well below that wliich is allowable by t13e Ge~~eral Plan and therefore,
would noY cause public healtl~ or safety problems or enviromnental damage.
3. That no one indicated their presEnce at said public hearing in opposition; and thaf
no cotrespondei~ce was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Pluuiing
Conunission has reviewed tl~e proposal and does hereby find that the previously-approved
Enviromnental Unpact Report No. 330 and Addendtun approved in connection with Tentative
Tract Map No. 16994 are adec~uate to serve as tlie re~uired enviromne~~tal documentation in
connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Plamiing
Commission Por the reasons hereinabove sfated does hereby approve TenYative Tract Map No.
17295 subjact to the following conditions of approval described in Exhibit "B" attached hereto
and incorporaYed by tliis 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 tl~e City of Ana3leim.
BE IT FURTHER RESOLVED tl~at tlie Anaheim Planning Commission does
hereby 5ud and deternii~e fliaY adoption of tliis Resolution is expressly predicaCed Lipon
applicant's compliance with eacli and all of the conditions hereinabove set forfll. Sliould any
such conclition, or any part thereof, be declared invalid or unenforceable by flie final judgment of
any court of co»~petent jurisdiction, then th'rs Resolution, and any approvals herein contained,
sl~all be deemed i~ull and void.
BE IT FLTRTHER RESOLVED that the applicant is responsible for paying all
cl~arges related to the processing of this discrationary case applicatioi~ witliin 15 days of t~ie
issuance of the final invoice or prior to tl~e issuance of building permits for tliis project,
whichever oacurs first. Failure to pay ~ll charges sliall resu]Y in delays in the iss~iance of rec~uired
pennits or tl~e revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
maeting of August 18, 2008. Said resolution is subject to Cl~e appeal provisioils set forth in
C13apter 18.60, "Zoning Provisions - General" of the Anaheim Mimicipal Code pertainii3g to
appeal procedLVes and may be replaced by a City Council Resolution in the event oP an appeal.
CHAIl2MA~', AT~3AHEIM PLAI`1NING COMMISSION
A
~.
SENIOR ~CRETARY, ANAHEIIv1~LANNING COMMISSION
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STATE OF CALIFORNIA )
COiJNTY OF ORANGE ) ss. - -
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Plaiming Commission, do hereby
certiPy that tlie foregoing resolution was passed and adopted at a meeting of the Anaheim
Plamiing Commission held on August 18, 2008, by the following vote of the members tllereoP:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIItEZ,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~' day of
August, 2008
SENIOR S~fC~'I'ARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
TENTATIVE TRACT MAP NO. 17295 --
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Source: Recorded Tred Meps andtorCity GIS.
Please note the acaarecy is+1- tvw ta five feet.
EXHIBIT "B"
TENTATIV~ TRACT MAP NO. 17295 --
Responsible
No. Conditions of Approval for
Monitorin
PRIOR TO APPROVAL OF FINAL TRACT MAP
1 That the final map shall Ue submitted Yo and approved Uy tl~e Public
City of Aalaheim and the Oratlge CounCy 5urveyor and tl~en Works
shall be recorded in the Office of Yhe Orange County Recorder
(Subdivision Map Act, Section 66499.40).
2 That the legal property owner shall execute a Subdivision Public
Agreement, in a forni approved by the City Attorney, Yo Worlcs
complete the required public improvements in areas not covered
~mder the CooperaCion Agreement between the City of Anaheim
and Yhe Analieim Redevelopment Agency aY the legal property
owner's expense. Said agreement shall be submitted to the
Public Warks Department, Subdivision Section approved by the
City Attorney and CiYy Engiiieer and Yhen recorded concurrently
wikh the final tract map.
3 That velucular access rigltts to Olive Street, Water SYreet a~id Planning
South Street (excepY at street openings) si~all be released and
relii~quisl~ed Co the City of Anal~eim.
4 Tl~at sanitary sewer and storm drains for this development shall Public
be privately maintained except tl~e mainline sewer and storn~ Worl<s
drain within tlte puUlic streets. Improvement plans For the
saniYary sewer, and private drainage system shall Ue submitted
to the Publie Works Department, Development Services
Division concurrently with tl~e final map.
5 Tl~at prior to final map approval, a maintenance covenanY, shall Public
be submitted to tlle Subdivision Section and al~proved by the Works
City AYtorney's office. The covenant shall include provisions
For mainYenance ofprivate faeiliCies, including compliance with
approved Water Quality Management Plan, and a maintenance
exllibit. The covenant sliall also include provisions requiring
Yhat garages sl~all be inaintained for vehicle parking in
compliance witli code. Said parlcing provision shall then be
incorporated into the CC&R's. The covenant shall be recorded
concun-ent3y witl~ the fiual map.
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6 That prior to final niap approval, all condominiun~ units shall be Building
assigned street addresses by the Building Division. `
7 That approval of tliis Yract inap is granted siebject to the approval Plaiining
of Che ame~3dment to Conditional Use Permit No. 2006-05072
(Traclcing No. CUP2008-05338), now pending.
8 Tl~at the final map sl~all be substantially in accordance witl~ the Fiamtii~g
tentative map suUmitted Co the City of Anaheim by Ylie peCiCioner
and which plan is on 61e wiYh the Plamiing DeparCment marl<ed
Revision No. 1 of ~xllibit No. 2, and as conditioned herein.
9 That ex[et~sions for fiirther time to compleYe conditions of Planning
approval may be granted in accorda~lce witl~ Section 18.60.170
oFthe Anaheiiat Municipal Code.
10 That approval ofthis application consCitutes approval ofYhe Planning
proposed requesY ouly to the exYent that iC complies wiCh tlie
Anal3eim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approva] does not ii~clude any
action or findings as to compliance or approval of the request
regarding any other appiicab3e ordinance, reg~~lation or
requiremenY.
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