Resolution-PC 2014-042RESOLUTION NO. PC2014 -042
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING TENTATIVE PARCEL MAP 2014 -129 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00039)
(1256 -1290 EAST LINCOLN AVENUE AND 113 -117 EAST FAHRION PLACE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Tentative Parcel Map No. 2014-
129 to consolidate five parcels into one parcel (herein referred to as the "Parcel Map ") for certain
real property located at 1256 -1290 East Lincoln Avenue and 113 -117 East Fahrion Place in the
City of Anaheim, County of Orange, State of California, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.83 acres, is developed with
four commercial buildings. The Anaheim General Plan designates the Property for Medium
Density Residential land uses. The Property is located within the Multiple Family Residential
(RM -4) Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.06 (Multiple Family Residential Zone) of the Anaheim Municipal Code
(the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 16, 2014 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 Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel
Map, and 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 the proposed Parcel Map is within that class of projects
which consist of infill development meeting the conditions described in Section 15332 of Title
14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, the Parcel Map,
once approved, (a) will be consistent with the applicable General Plan designation and all
applicable General Plan policies, as well as with the applicable zoning designation and
regulations, and (b) would not result in any significant effects relating to traffic, noise, air
quality, or water quality. In addition, the Property (a) is less than five acres in size and is
substantially surrounded by urban uses, (b) has no value as habitat for endangered, rare or
threatened species, and (c) can be adequately served by all required utilities and public services.
Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Parcel Map 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 with respect to the request for Tentative Parcel Map No. 2014 -129, does find and
determine the following facts:
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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
zoning and development standards of the "RM -4" Multiple Family Residential zone contained
in Chapter 18.06 (Multiple - Family Residential Zone) of the Code; and
2. The site is physically suitable for the type and density of the Parcel Map in
conformance with the development standards of the "RM -4" Multiple - Family Residential Zone ; and
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 no sensitive
environmental habitat has been identified in the vicinity; and
4. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems, as it is anticipated that the existing commercial buildings will be
demolished and replaced with multiple family residential buildings in conformance with the
development standards of the "RM -4" Multiple - Family Residential Zone; and
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Parcel Map No. 2014 -129, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein 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 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 Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 16, 2014. 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 appeal.
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CHAIR PRO- EMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 June 16, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, PERSAUD,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of June, 2014
c
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV2014 -00039
APN: 037- 173 -22
037 - 173 -43
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037 - 173 -25 v
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v Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2014-129
(DEV2014- 00039)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO RECORDATION OF PARCEL MAP
1
The legal property owner shall execute an unsubordinated
Public Works
Subdivision Improvement Agreement, in a form approved by the
Department,
City Attorney, to complete any required public improvements at the
Development
legal property owner's expense. Said agreement shall be submitted
Services Division
to the Public Works Department, Subdivision Section for approval by
the City Attorney and City Engineer and then shall be filed in the
Office of the Orange County Recorder upon approval by City
Council.
2
An improvement certificate shall be placed on the final map to
Public Works
indicate that all street improvements along Lincoln Avenue per the
Department,
latest version of the Lincoln Avenue Corridor Highway and
Development
Landscape Master Plan and for Fahrion Place per Public Works
Services Division
Standard Detail 160 -A shall be constructed prior to final building and
zoning inspections as directed by the City Engineer for future
building or grading site development plans.
3
An improvement certificate shall be placed on the final map to
Public Works
indicate that all required public sewer and storm drain improvements
Department,
shall be constructed prior to final building and zoning inspections as
Development
directed by the City Engineer for future building or grading site
Services Division
development plans.
4
An improvement certificate shall be placed on the final map to
Public Utilities
indicate that all required public water improvements shall be
Department, Water
constructed prior to final building and zoning inspections as directed
Engineering
by the Public Utilities Director for future building or grading site
Division
development plans.
5
That prior to development approval, a maintenance covenant, shall
Public Works
be submitted to the Subdivision Section of Public Works and
Department,
approved by the City Attorney's office. The covenant shall include
Development
provisions for maintenance of private facilities, including compliance
Services Division
with approved Water Quality Management Plan and a maintenance
exhibit. Maintenance responsibilities shall also include parkway
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
landscaping and irrigation on Lincoln Avenue and Fahrion Place.
The covenant shall be recorded in the Office of the Orange County
Recorder.
6
The vehicular access rights to Lincoln Avenue and Fahrion Place
Public Works
shall be released and relinquished to the City of Anaheim, except at
Department,
approved street openings.
Development
Services Division
7
The property owner shall irrevocably offer to dedicate to the City
Public Works
of Anaheim an easement 53 feet in width from the centerline of
Department,
Lincoln Avenue and an easement 50 feet radial from the center
Development
point of the cul -de -sac of Fahrion Place for road, public utilities
Services Division
and other public purposes.
8
The owner shall irrevocably offer to dedicate to the City of
Public Utilities
Anaheim (i) an easement for all large domestic above - ground
Department, Water
water meters and fire hydrants, including a five foot wide easement
Engineering
around the fire hydrant and /or water meter pad, (ii) a twenty foot
wide easement for all water service laterals to the satisfaction of
the Water Engineering Division. The easements shall be granted
on the Water Engineering Division of the Public Utilities
Department's standard water easement deed. The easement deeds
shall include language that requires the owner to be responsible for
restoring any special surface improvements, other than asphalt
paving, including but not limited to colored concrete, bricks,
pavers, stamped concrete, decorative hardscape, walls or
landscaping that becomes damaged during any excavation, repair
or replacement of City owned water facilities. Provisions for the
repair, replacement, and maintenance of all surface improvements
other than asphalt paving shall be the responsibility of the owner
and included and recorded in the Master CC &R's for the project.
GENERAL
9
The Parcel Map shall be submitted to and approved by the City of
Planning
Anaheim and the Orange County Surveyor and then shall be filed in
Department,
the Office of the Orange County Recorder.
Planning Services
Division
10
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
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RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
Planning Department, and as conditioned herein.
Division
11
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to,
damages, fees and /or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
12
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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