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RES-2010-199 RESOLUTION NO. 2010- 199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17387. (DEV2010- 00087) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Tentative Tract Map No. 17387 to establish a 32- lot subdivision to permit the construction of 32- single - family residences, including three lettered lots for non - residential purposes, for that certain real property located at 851 - 905 South Western Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the subject property is currently developed with two single - family residences and is located in the T (Transition) Zone. The Anaheim General Plan designates this property for corridor residential land uses; and WHEREAS, Tentative Tract Map No. 17387 is proposed in conjunction with (i) Reclassification No. 2010 -00238 to reclassify the property from the T (Transition) Zone to the RS -4 (Single - Family Residential) Zone, and (ii) Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 to permit the construction of 32 single - family residences with a reduced rear yard setback area of 13 feet, 5 inches for 13 of the 32 units and reduced driveway lengths for 18 of the 32 lots; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 27, 2010, at 5:00 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, to hear and consider evidence for and against said tentative tract map and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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, did adopt its Resolution No. PC2010 -085 granting Tentative Tract Map No. 17387; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and -1- WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and all additional evidence and reports offered at said public hearing before the City Council, the City Council does hereby find and determine as follows: 1. That the proposed tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan designation of Corridor Residential land use. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 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 City Council 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 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 City Council of the City of Anaheim does hereby approve Tentative Tract Map No. 17387 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 City Council of the City of Anaheim 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. -2- 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 Tentative Tract Map No. 17387 is hereby approved subject to the approval by the City Council of Reclassification No. 2010 -00238 and Conditional Use Permit No. 2010 -05515 and Variance No. 2010 - 04815, now pending. 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 or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of November , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway NOES: Council Member Kring ABSENT: NONE ABSTAIN: NONE CITY OF ANA IM By: MAYO F THE CI 0 ANAHEIM ATTEST: 4111 4 CITY CLERK OF THE CI Y OF AHEIM 79970.v 1 /MGordon -3- EXHIBIT "A" DEV2010 -00087 , APNs: l I 079 -441 -10'- 079- 441 -11 I di cc cc al o o 0 0 o m tol cc IIII Le) W TERANIMAR DR W 618.05' Q Z ac W OC — ~ cc N f-- 4.n s 618.05' v f— W —I ■ W DEERWOOD D .I W BALL RD —1 I I I ___L_ I I I © e so 100 Source: Recorded Tract Maps and /or City GIS. v Please note the accuracy is +/- two to five feet. Feet 11011 . -4- EXHIBIT "B" TENTATIVE TRACT MAP NO. 17387 (DEV2010- 00087) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain a Public Works - demolition permit from the Building Division. Development Services 2 The vehicular access rights to Western Avenue, except at the private street Public Works - opening, shall be released and relinquished to the City of Anaheim. Development Services 3 All lots shall be assigned street addresses by the Building Division. The Planning - street name for the private street shall be submitted to and approved by the Building Building Division. Division 4 A maintenance covenant shall be submitted to the Subdivision Section and Public Works - approved by the City Attorney's office. The covenant shall include Development provisions for maintenance of private facilities such as private sewer, private Services street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Western Avenue and the Private Street. The covenant shall be recorded concurrently with the final map. 5 The legal property owner shall execute a Subdivision Agreement, in a form Public Works - approved by the City Attorney, to complete the required public Development improvements at the legal property owner's expense. Said agreement shall Services be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. -5-