A Resolution of the City Council of the City of Anaheim Approving Tentative Tract Map No

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17350. (DEV2010-00027)

WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for approval of Tentative Tract Map No. 17350 to establish a 2-lot, 36 unit attached condominium subdivision for that certain real property located at 518 – 538 South Anaheim Boulevard in City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit “A” attached hereto and incorporated herein by this reference; and

WHEREAS, the subject property is currently vacant land and is zoned I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay). The Anaheim General Plan currently designates this property for Low Medium Density Residential land use; and

WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 24, 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 Tentative Tract Map No. 17350 and to investigate and make findings and recommendations in connection therewith; and

WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2010-040 containing a report of its findings, a summary of the evidence presented at said hearing, and did approve Tentative Tract Map No. 17350; and

WHEREAS, Tentative Tract Map No. 17350 is proposed in conjunction with General Plan Amendment No. 2010-00479 to re-designate the subject property from the Low Medium Density Residential land use designation to the Medium Density land use designation; Reclassification No. 2010-00237 to reclassify the subject property from the I (SABC) (Industrial, South Anaheim Boulevard Corridor Overlay) Zone to the RM-4 (SABC) (Multiple-Family Residential, South Anaheim Boulevard Corridor Overlay) Zone; and Conditional Use Permit No. 2010-05484 to construct a 36 unit condominium complex with a deviation in zoning development standards and density bonus; and

WHEREAS, pursuant to Section 18.68.040 of the Anaheim Municipal Code the City Council is the approval authority for general plan amendments; and

WHEREAS, prior to adopting or amending a general plan, the City Council is required to hold at least one public hearing, notice of such public hearing to be provided as required by state law; and

WHEREAS, pursuant to subsection 18.60.150.020 of the Anaheim Municipal Code, when multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council

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review and approval, all such applications shall be subject to full review and approval by the City Council as the granting authority; and

WHEREAS, upon receipt of said Resolution No. PC2010-040, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 20th day of July, 2010, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on proposed Tentative Tract Map No. 17350 and did give notice thereof in the manner and as provided by law; and

WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct a duly noticed public hearing to consider said application and did receive and consider evidence and testimony for and against the application, and based thereon does hereby make the following findings:

1. That the proposed subdivision, including its design and improvements, is consistent with the Medium Density Residential land use designation as proposed in General Plan Amendment No. 2010-00479 to re-designate the subject property from the Low Medium Density Residential land use designation to the Medium Density land use designation, and the development standards applicable to the RM-4 (SABC) (Multiple-Family Residential, South Anaheim Boulevard Corridor Overlay) Zone.

2. That the site is physically suitable for the proposed development at the proposed density and therefore would not cause public health or safety problems or environmental damage.

3. That the design and improvement of the proposed subdivision is not likely to cause substantial environmental damage or to substantially and avoidably cause injury to fish, wildlife or their habitat.

4. That the design and improvement of the proposed subdivision is not likely to cause serious public health problems.

5. That the design and improvement of the proposed subdivision will not conflict with public easements for access to 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; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve Tentative Tract Map No. 17350 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.

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. 17350 is hereby approved subject to the approval by the City Council of General Plan Amendment No. 2010-00479, Reclassification No. 2010-00237, and Conditional Use Permit No. 2010-05484, 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.

THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _____ day of ______, 2010, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM

By: ______

MAYOR OF THE CITY OF ANAHEIM

ATTEST:

______

CITY CLERK OF THE CITY OF ANAHEIM

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EXHIBIT “B”

TENTATIVE TRACT MAP NO. 17350

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