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Resolution-PC 2014-071RESOLUTION NO. PC2014 -071 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014 -100 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00027) (441 SOUTH PERALTA HILLS DRIVE) 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- 100 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map ") for certain real property located at 441 South Peralta Hills Drive 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 is currently vacant and consists of approximately 2.2 acres. The Anaheim General Plan designates the Property for Estate Density Residential land uses. The Property is located within the "RH -1" Single- Family Hillside Residential Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Section 18.18.060 (Single - Family Residential Zones — Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code (the "Code ") shall apply to the Property in addition to, and where inconsistent shall supersede, any site development standards contained in Chapter 18.04 (Single Family Residential Zones) for the "RH -1" Single - Family Hillside Residential Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 25, 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 consists of the division of property meeting the conditions described in Section 15315 of the California Code of Regulations (the "CEQA Guidelines "); that is, (a) consists of the division of property in an urban area zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, (b) no variances are required, (c) all services and access to the proposed parcels to local standards are available, (d) the existing parcel was not involved in the division of a larger parcel within the previous two years, and (d) the existing parcel does not have an average slope greater than 20 percent at the time of this determination. Accordingly, pursuant to Section 15315 of the CEQA Guidelines, the proposed Parcel Map will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014 -071 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 -100, does find and determine the following facts: 1. The proposed division, including its design and improvements, is consistent with the Estate Density Residential land use designation in the Anaheim General Plan and, the zoning and development standards of the "RH -1 "Single - Family Hillside Residential Zone and the Scenic Corridor Overlay Zone; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the "RH -1 "(Single- Family Hillside Residential Zone and the Scenic Corridor Overlay Zone; and 3. The design of the division 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 division or the type of improvements is not likely to cause serious public health problems since it the property will be developed with two single - family residential buildings in conformance with the development standards of the "RH- 1 "Single- Family Hillside Residential Zone and the Scenic Corridor Overlay Zone and the Property is currently surrounded by single - family residential homes; and 5. The design of the division 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 division. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014 -100, 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. -2- PC2014 -071 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 25, 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. HAIRM N, PL,� COMMISSION F CITY O HEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -071 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 August 25, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -071 EXHIBIT "A" DEV NO. 2014 -00027 APN: 361 - 242 -14 361- 252 -06 Ip 1i1Lt S dOp, c P �R L, vs o - 5 - PC2014 -071 0 50 CJ v Source- Recorded Tract Maps andJor City GIS Fees Please note the accuracv is +,I- two to five feet EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2014 -100 (DEV2014- 00027) -6- PC2014 -071 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to or concurrently with grading plans approval, the applicant Public Works shall apply for a right -of -way construction permit from the Department, Department of Public Works for all wall work in Peralta Hills Drive. Development Services Division 2 A Save Harmless agreement in -lieu of an Encroachment Agreement Public Works is required to be executed, approved by the City and recorded by the Department, applicant on the property for any storm drains connecting to a City Development storm drain. Services Division 3 The applicant shall record a drainage agreement as required per the Public Works approved site drainage configuration. Department, Development Services Division 4 The applicant shall record in the Orange County Recorder's Office a Public Works covenant to maintain the slope and wall landscaping and irrigation to Department, the satisfaction of the City Engineer. Development Services Division PRIOR TO ISSUANCE OF A BUILDING PERMIT 5 The final map shall be submitted to and approved by the City of Public Works Anaheim and the Orange County Surveyor and then shall be Department, recorded in the Office of the Orange County Recorder. Development Services Division 6 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant Public Works shall include provisions for maintenance of private facilities such as Department, private sewer, private street, and private storm drain improvements; Development compliance with approved Water Quality Management Plan; and a Services Division maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Euclid Avenue, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. 7 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of Public Utilities existing water services, backflow equipment, and fire lines, shall be Department, Water coordinated and permitted through water engineering division of the Engineering Anaheim Public Utilities Department. -6- PC2014 -071 -7- PC2014 -071 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8 All existing water services and fire services shall conform to current water services standards specifications. any water service and /or fire Public Utilities line that does not meet current standards shall be upgraded if Department, Water continued use if necessary or abandoned if the existing service is no Engineering longer needed. the owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 9 Individual water service and /or fire line connections will be required Public Utilities for each parcel or residential, commercial, industrial unit per Rule 18 Department, Water of the City of Anaheim's Water Rates, Rules and Regulations. Engineering PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 10 The developer /owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Public Utilities Utilities, Water Engineering Division review and approval. the Department, Water master plan shall demonstrate the adequacy of the proposed on -site Engineering water system to meet the project's water demands and fire protection requirements. 11 The developer /owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow Public Utilities rate and maximum day and peak hour water demands for the project. Department, Water this information will be used to determine the adequacy of the Engineering existing water system to provide the estimated water demands. any off -site water system improvements required to serve the project shall be done in accordance with rule no. 15a.6 of The Water Utility Rates, Rules, And Regulations. 12 The developer /owner shall submit a set of improvement plans for Public Utilities Public Utilities, Water Eengineering review and approval in Department, Water determining the conditions necessary for providing water service to Engineering the project. 13 Water improvement plans shall be submitted to the Water Public Utilities Engineering Division for approval and a performance bond in the Department, Water amount approved by the City Engineer and form approved By City Engineering Attorney shall be posted with the City of Anaheim. 14 The owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above - ground water meters and fire hydrants, including a five foot wide easement around the fire hydrant and /or water meter pad, (ii) a twenty foot Public Utilities wide easement for all water service laterals to the satisfaction of Department, Water the Water Engineering Division. The easements shall be granted Engineering 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 -7- PC2014 -071 -8- PC2014 -071 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 15 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10 -feet minimum separation (outside wall -to- outside wall) from sanitary sewer mains and laterals • 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 6 -feet minimum separation from curb face PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 16 Electric system plans, electrical panel drawings, site plans, elevation public Utilities — plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Electrical Utilities Department to establish electrical service. Engineering PRIOR TO FINAL MAP APPROVAL 17 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. 18 Lots shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 19 Vehicular access rights to Peralta Hills Drive, except at the private Public Works driveway opening, shall be released and relinquished to the City of Department, Anaheim. Development Services Division 20 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 Department, by the City Engineer and in a form approved by the City Attorney. Development Said agreement shall be submitted to the Public Works Department, Services Division Subdivision Section for approval by the City Council. -8- PC2014 -071 -9- PC2014 -071 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 21 Any frontage fence or wall shall be designed to allow the minimum Public Works line of sight clear zone as shown in Engineering Standard Detail 115- Department, B. No object more than 24 inches in height shall be in the required Development clear zone. Services Division 22 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. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 23 The applicant shall: • Demonstrate that all structural BMPs described in the Project Public Works WQMP have been constructed and installed in conformance with Department, approved plans and specifications. Development • Demonstrate that the applicant is prepared to implement all non- Services Division structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 24 All required street, landscaping, irrigation, sewer and drainage Public Works improvements shall be constructed prior to final building and zoning Department, inspections and are subject to review and approval by the Development Construction Services inspector. Services Division ON -GOING AND OPERATIONAL 25 The owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right -of -way, public utility easement or city easement area including but not Public Utilities limited to colored concrete, bricks, pavers, stamped concrete, walls, Department, Water decorative hardscape or landscaping that becomes damaged during Engineering any excavation, repair or replacement of city owned water facilities. provisions for maintenance of all said special surface improvements shall be included in the recorded master CC & R'S for the project and the city easement deeds. -9- PC2014 -071 - 10 - PC2014 -071 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL 26 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. 27 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. 28 Conditions of approval related to each of the timing milestones above Planning shall be prominently displayed on plans submitted for permits. For Department, example, conditions of approval that are required to be complied with Planning Services prior to the issuance of building permits shall be provided on plans Division 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. 29 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 Planning Department, and as conditioned herein. Division - 10 - PC2014 -071