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Resolution-PC 2009-113RESOLUTION NO. PC2009-113 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 15 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2009-115 (DEV2009-00040) (2125 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Tentative Parcel Map to merge four parcels into two parcels to permit the future construction of a 119-unit affordable apartment complex, 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; and WHEREAS, the 23-acre property is developed with a vacant industrial building and is located in the Multiple Family Residential (RM-4) zone. The Anaheim General Plan designates this property for Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 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 parcel map 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. The proposed subdivision, including its design and improvements, is consistent with the Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the Multiple Family Residential (RM-4) zone. 2. The site is physically suitable for the type and density of the proposed residential subdivision. 3. 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. 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 an apartment complex will be constructed on the property in compliance with Code requirements. 5. 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. -1- PC2009-113 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 15 (Minor Land Divisions) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Tentative Parcel Map 2009-115 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 1 8.60.170 of the Anaheim Municipal Code. 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 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 approval of this application constitutes approval of the 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 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 the revocation of the approval of this application. THE FOREGOING I ESOL TION was adopted at the Planning Commission meeting of October 26, 2009. ATTEST. A SECRETARt ANAHEIM CITY PLANNING COMMISSION CHA MA ANA I C ANN NNING COMMISSION -2- PC2009-113 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, 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 October 26, 2009 by the following vote of the members thereof: AYES: COMMISSIONERS: AM T, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: S: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: S: A A WAL, FA SS L IN ITI SS WHEREOF, I have hereunto set my hand this 26 day of October, 2009. /1 S C ETA Y, ANAHEIM CITY PLAN ING COMMISSION -3- PC2009-113 EMI' IT "A" TENTATIVE PARCEL MAP NO. 2009-115 APN: 137-441-26 1 37-441 -25 083-292-02 t— un 0 u itE 1 ANCHOR ST r E ORANGEWOOD AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10856 -4- PC2009-113 NO. PRIOR TO FINAL MAP APPROVAL 1 3 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2009-115 (DEV2009-00040 CONDITIONS OF APPROVAL An unsubordinated restricted covenant providing reciprocal access and parking approved by the Planning Services Manager in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Abandonment ABA2005-00111, for Old Manchester Avenue, shall be finalized. An Improvement Certificate shall be placed on the Final Parcel Map requiring the following improvements to be completed concurrently with future development on the property: A sign stating "Right Turn Only" (Sign R3-5r from the California MUTCD) shall be installed at driveway exits. If the property owner desires left turn and thru vehicular movement on Orangewood Avenue, any traffic signal modifications and/or improvements at the intersection of Lewis Street and Orangewood Avenue done for the benefit of the site shall be performed at the owner's expense, subject to approval by the City Engineer. Parkway landscaping shall be installed along the frontages of Orangewood Avenue and Manchester Avenue in conformance with Public Works Standard Details and Landscape Manual. Improvement plans shall be submitted and improvement security shall be posted prior to issuance of the first building permit. RESPONSIBLE FOR MONITORING Planning Public Works Development Services Public Works Development Services PC2009-113 The final map shall be submitted to the City of Anaheim Public Works Department of Public Works and the Orange County Surveyor Development for technical review and verified that all applicable conditions Services of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. 5 GENERAL CONDITIONS All parcels shall be assigned street addresses by the Building Building Division. Subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map), and as conditioned herein. Planning -6- PC2009-113