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Resolution-PC 2014-048RESOLUTION NO. PC2014 -048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17700 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00056) (1619 SOUTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve Tentative Tract Map No. 17700 to establish a 8 -lot residential subdivision for that certain real property located at 1619 South Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property is currently developed with a plant nursery and a single - family residence and is located in the "T" (Transition) Zone. Tentative Tract Map No. 17700 is proposed in conjunction with (1) Reclassification No. 2013 - 00254, which is a request to rezone or reclassify the Property from the "T" (Transition) Zone to the "RS -4" (Single - Family Residential) Zone (herein referred to as "Reclassification No. 2013- 00254 "), and (2) Conditional Use Permit No. 2013 - 05720, which is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code ") for all development in the "RS -4" (Single - Family Residential) Zone (herein referred to as "CUP No. 2013- 05720 "). The Anaheim General Plan designates this Property for Low - Medium Density Residential land uses; and WHEREAS, the applicant requests a tentative tract map in order to establish a B- lot residential subdivision to allow for the future development of eight (8) single - family homes on the Property. The development comprising Tentative Tract Map No. 17700, CUP No. 2013- 05720 and Reclassification No. 2013 -00254 shall be referred to herein as the "Proposed Project "; and WHEREAS, on June 30, 2014, 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 (Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against said proposed Tentative Tract Map 17700 and Reclassification No. 2013 -00254 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), that the Proposed Project 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 ")and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and - 1 - PC2014 -048 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 to establish a 8 -lot residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed under CUP No. 2013- 05720, is consistent with the Low - Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RS -4 (Single Family Residential) zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed under CUP No. 2013 - 05720, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. 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 the conditions imposed under CUP No. 2013 -05720 and other related Code requirements. 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Tract Map No. 17700, contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS -4" (Single - Family Residential) Zone in accordance with Reclassification No. 2013 - 00254, (2) the conditions imposed under CUP No. 2013 - 05720, and (3) 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 -2- PC2014 -048 applicant has demonstrated significant progress toward establishment of the use or approved development. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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. �ani CHAIR, PLANNING COMM N OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -048 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 102934- v2 /TReynolds -4- PC2014 -048 EXHIBIT "A" DEV NO. 2013 -00056 -5- PC2014 -048 0 Source: Recorded Tract Maps and/or City GIS, E Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17700 (DEV2013- 00056) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain Public Works, a demolition permit from the Building Division. Site demolition shall Development Services be per a rough grading permit from Public Works. 2 The vehicular access rights to Euclid Street, except at the private Public Works, street opening, shall be released and relinquished to the City of Development Services Anaheim. 3 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a Public Works, maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Euclid Development Services Street, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. 4 Street improvement plan shall be submitted for improvements along the frontage of Euclid Street and the private street. Said Public Works, improvements shall conform to City Standard 160 -A and to City Standard 162 respectively or as approved by the City Engineer. Development Services Parkway landscaping and irrigation shall be installed on Euclid Avenue and the private street. 5 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public Public Works improvements at the legal owner's expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Development Services Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. 6 The legal property owner shall pay the development impact fees Public Works, unless a fee deferral agreement has been executed. Development Services 7 The legal property owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim the corner cutback right -of -way for road, public Development Services utilities and other public purposes on Euclid Street for both sides of the private street curb ramps. -6- PC2014 -048 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 All lots shall be assigned street addresses by the Building Division. Planning Department, The street name for the private street shall be submitted to and Building Division approved by the Building Division. GENERAL 9 Conditions of approval related to each of the timing milestones above Planning Department shall be prominently displayed on plans submitted for permits. For Planning Services Division example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 10 The Applicant shall defend, indemnify, and hold harmless the City Planning Department and its officials, officers, employees and agents (collectively referred Planning Services Division to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against 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. 11 The applicant is responsible for paying all charges related to the Planning Department processing of this discretionary case application within 30 days of the Planning Services Division issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 12 The property shall be developed substantially in accordance with Planning Department plans and specifications submitted to the City of Anaheim by the Planning Services Division applicant and which plans are on file with the Planning Department. -7- PC2014 -048