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Resolution-PC 2009-084RESOLUTION NO. PC2009 -084 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17333 (410 418 EAST SANTA ANA STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Tentative Tract Map to establish a 57 -lot attached single family residential subdivision, consisting of 43 residential lots and 14 lettered lots (park and alleys), to allow for the future construction of 182 condominium units, for certain real property situated 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. WHEREAS, this property is currently vacant and is located in the RM -3 (Multiple Family Residential) zone. The Anaheim General Plan designates this property for Residential Low- Medium land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 30, 2009, 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 reap and to investigate and make findings and recommendations in connection therewith; 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 subdivision, including its design and improvements, is consistent with the Low Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RM -3 (Multiple Family Residential) zone. 2. That the site is physically suitable for the type and density of the proposed industrial subdivision. 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant and no sensitive environmental habitat has been identified. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently vacant and 182 condominium units will be constructed on the property in compliance with Code requirements. -1- PC2009 -084 5. 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. NOW THEREFORE BE IT RESOLVED the Anaheim City 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Tentative Tract Map 17333 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 Anaheim City 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 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 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 was adopted at the Planning Commission meeting of September 30, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resoluti7 the event of an appeal. 2 A 1 CHAIRMAN, ANAtIEI VI CITY'LANNING COMMISSION ATTEST: SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2009 -084 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 30, 2009 by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, KARAKI ROMERO, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of September, 2009. sf 1 SENIOR SECkETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2009 -084 EXHIBIT "A" TENTATIVE TRACT MAP NO. 17333 a Su fo, I Feet GIs 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10825 i -4- PC2009 -084 NO CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL 1 2 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required 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. 3 5 EXHIBIT "B" TENTATIVE TRACT MAP NO, 17333 A maintenance covenant shall be submitted to the Public Works Department, Development Services Division and approved by the City 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. The covenant shall be recorded concurrently with the final map. Vehicular access rights to Olive Street, Santa Ana Street, and Water Street (except at street openings and the private driveways per Exhibit A attached) shall be released and relinquished to the City of Anaheim. 4 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (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. That the property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. 6 The final map shall be submitted to the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review 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. -5- RESPONSIBLE FOR MONITORING Public Works Development Services Public Works Development Services Public Works Development Services Public Utilities Water Public Utilities Electrical Public Works Development Services PC2009 -084 GENERAL CONDITIONS 7 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 Department marked Exhibit No. 1 (Tentative Tract Map), and as conditioned herein. Planning -6- PC2009 -084 City of Anaheim PLANNING DEPARTMENT October 20, 2009 John O'Brien Brookfield Homes 3090 Bristol St., Suite 200 Costa Mesa, CA 92626 SUBJECT: CONDITIONAL USE PERMIT NO. 2009 -0544 TENTATIVE 'TRACT MAP 17333 PC2009 -083 AND PC2009 -084 Dear Mr. O'Brien: www.anaheim net TEL (714) 765 -5139 Congratulations! Your proposed project at 410 -418 East Santa Ana Street was approved by the Planning Commission on September 30, 2009. Enclosed is a copy of the Planning Commission's decision. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Works or PoIice). Please contact David See at (714) 765 -4948 or dsee @anaheim.net, to discuss the next step for moving your project forward. Also enclosed is a process flow chart showing the remaining steps necessary to complete your project. Keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new /prospective property owner. Thank you for choosing Anaheim for your project. Please complete and return the enclosed survey regarding our process. If there is any way we can improve our service, let us know. Sincer ly, CJ strup. AICP PI ning Serrvices Manager Enclosures c: Anaheim Redevelopment Agency 200 South Anaheim Boulevard P.0 Box 3222 Anaheim, California 92403