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Resolution-PC 2012-092RESOLUTION NO. PC2012 -092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2012-144 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00117) (501 SOUTH WEST STREET) WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") did receive a verified Petition for Tentative Parcel Map No. 2012 -144 to establish a 3 -lot residential subdivision to allow the future development of three single - family homes on that certain 0.54 -acre parcel of real property located at 501 South West Street in the City of Anaheim, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is a vacant lot and is located in the T (Transitional) zone. The Property is designated for Residential land uses in the City of Anaheim General Plan; and WHEREAS, on December 3, 2012, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Tentative Parcel Map 2012 -144 to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that proposed Tentative Parcel Map 2012 -144 is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, proposed Tentative Parcel Map 2012 -144 (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines , proposed Tentative Parcel Map 2012 -144 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 pertaining to the request to permit a three -lot residential subdivision for the future construction of three single family homes on the Property, does find and determine the following facts: - 1 - PC2012 -092 1. That the proposed subdivision, including its design and improvements, is consistent with the Low - Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RS -3 (Single - Family Residential) zone. 2. That the site is physically suitable for the type and density of the proposed residential 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 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, since any new structures and associated site improvements 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. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve proposed Tentative Parcel Map No. 2012 -144, 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 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 18.60.170 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 this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. -2- PC2012 -092 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 RESOLUTION was adopted at the Planning Commission meeting of December 3, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PL G COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 December 3, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMI EZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of December, 2012. t SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -092 EXHIBIT " DEV NO. 2012-00117 APN: 036- 091 -02 'z 0 D D a V �Ep y � N W 5A�.1Tp Np ST 12 5 , m m J 125 G F 'riy! 9 y2 �' r F �F 9L F W WpTEFSS ® o so ioo Source: Recorded Tract Maps and /or City GIS. v re.t Please note the accuracy is +/- two to five feet. -4- PC2012 -092 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2012 -144 (DEV2012- 00117) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Subject property shall be developed, maintained and operated Planning 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, and as conditioned herein. 2 No driveway openings will be permitted on Santa Ana Street. Planning 3 That all requests for new water services or fire lines, as well as any Public modifications, relocations, or abandonments of existing water Utilities, services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Department. Engineering 4 That if this is an individual homeowner project with a landscaping Public area (including pools or other Water features) exceeding 5,000 Utilities, square feet, a Landscape Documentation Package, a Certification of Water Completion and a separate irrigation meter shall be installed in Engineering compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. regarding water conservation. 5 That all existing water services and fire services shall conform to Public current Water Services Standards Specifications. Any water service Utilities, and/or fire line that does not meet current standards shall be Water upgraded if continued use is necessary or abandoned if the existing Engineering service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 6 That individual water service and/or fire line connections will be Public required for each parcel or residential, commercial, industrial unit Utilities, per Rule 18 of the City of Anaheim's Water Rates, Rules and Water Regulations. Engineering 7 All fire services 2 -inch and smaller shall be metered with a UL Public listed meter, Hershey Residential Fire Meter with Translator Utilities, Register, no equals. Water Engineering PRIOR TO ISSUANCE OF BUILDING PERMIT 8 Prior to approval of permits for improvement plans, the property Public owner /developer shall coordinate with Electrical Engineering to Utilities, establish electrical service requirements and submit electric system Electrical plans, electrical panel drawings, site plans, elevation plans, and Engineering related technical drawings and specifications. -5- PC2012 -092 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 9 If required, prior to connection of electrical service, the legal owner Public shall provide to the City of Anaheim a Public Utilities easement Utilities, with dimensions as shown on the approved utility service plan. Electrical Engineering 10 Prior to connection of electrical service, the legal owner shall submit Public payment to the City of Anaheim for service connection fees. Utilities, Electrical Engineering 11 Prior to connection of any sewer lateral and prior to final building Public Works and zoning inspections, the developer shall repair the existing sewer Development main within the frontage of the project to the satisfaction of the City Services Engineer. 12 Prior to issuance of a grading permit, the recordation of a Save Public Works Harmless in -lieu of Encroachment Agreement is required for any Development private storm drains connecting to a City storm drain. Services 13 Prior to issuance of a building permit, the developer shall submit to public Works the Public Works, Development Services the required street Development improvement plans. The plans shall include the installation and Services construction of landscape, irrigation, street lights, storm drain and sewer improvements. The landscape and irrigation improvement plans shall be prepared in accordance with the City Master Street Tree Plan for Arterial Corridors, and Public Works Landscape and Irrigation Manual for Public Street and Highway. The irrigation shall be connected to the on -site water supply and a bond shall be posted to guarantee the construction of all public works improvements. 14 All public improvements shall be completed by the developer and Public Works accepted by the City prior to final building and zoning inspections. Development Services PRIOR TO PARCEL MAP APPROVAL 15 Prior to parcel map approval, the developer shall irrevocably offer to Public Works dedicate to the City of Anaheim a corner cut -off as an easement for Development road, public utility and other public purposes. Services 16 The parcel map shall be submitted for review and approval to the Public Works City of Anaheim and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder. Services -6- PC2012 -092