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Resolution-PC 2010-030RESOLUTION NO. PC2010 -030 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND GRANTING AN AMENDMENT TO RESOLUTION NO. PC2009 -084 APPROVING TENTATIVE TRACT MAP NO. 17333 (DEV2010- 00028) (410 418 EAST SANTA ANA STREET) WHEREAS, on September 30, 2009, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission by its Resolution No. PC2009 -084, did approve Tentative Tract Map 17333 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 that 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, 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 receive a verified Petition for an amendment to Resolution No. PC2009 -084 approving Tentative Tract Map No. 17333, designated as Tentative Tract Map No. 17333A, to establish a 12 -lot subdivision, consisting of 8 residential lots and 4 lettered lots (parks and driveways), to allow for the future construction of 112 condominium units on Parcel K and a 70 -lot subdivision, consisting of 62 residential lots and 8 lettered lots (parks and driveways) to allow for the future construction of 62 single family residential units on Parcel J, for that 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 Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 26, 2010, 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 amendment to Tentative Tract Map No. 17333, as described above, 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. -1- PC2010 -030 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 174 residential units will be constructed on the property in compliance with Code requirements. 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. WHEREAS, the Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED by the Planning Commission that the amendment to Resolution No. PC2009 -084 approving Tentative Tract Map 17333 is hereby granted and that Tentative Tract Map 17333A be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend and restate the conditions of approval of Resolution No. PC2009 -084, relating to Tentative Tract Map 17333A, to read as shown 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 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, except as expressly amended herein, Resolution No. PC2009 -084 shall remain in full force and effect. 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. -2- PC2010 -030 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 26, 2010. 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 Resolution in the event of an a 1 A'1'LEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, ANAH ',IM CITt PLANNING COMMISSION I, Eleanor Morris, 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 April 26, 2010 by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2010 -030 r APN: 037 123 -15 037 123 -10 037 -123 18 037 123 -12 037 123 -17 037 123 -11 037- 123 -09 037- 123 -13 037 123 -16 037 123 -14 EXHIBIT "A" DEV20I0 -00028 -4- Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10933 PC2010 -030 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17333 NO CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL 1 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. 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 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. 5 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. 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. -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 Planning PC2010 -030