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Resolution-PC 2014-109RESOLUTION NO. PC2014 -109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17811 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00046) (701 EAST CYPRESS STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for the approval of Tentative Tract Map No. 17811 to establish a 38 -unit residential subdivision for a proposed single - family residential project on that certain real property located at 701 East Cypress Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). Tentative Tract Map No. 17811 is proposed in conjunction with Conditional Use Permit No. 2014- 05753, Variance No. 2014- 04982, and Reclassification No. 2014 -00273 to construct a 38 -unit single family residential project (herein referred to as the "Proposed Project ") and is contingent upon the adoption by the City Council of Zoning Code Amendment No. 2014- 00120, an ordinance that will increase the permitted height of detached single - family residences in the "RS -4" Single Family Residential and "RM" Multiple Family Residential Zones; and WHEREAS, the Property is currently developed with an industrial building. The Property is located in the "RS -3" (Single Family Residential) and "I" (Industrial) zones. The Anaheim General Plan designates this Property for Low - Medium Density Residential land uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project, including Tentative Tract Map No. 17811; 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 that, on the basis of a thorough review of the Proposed Project and an Environmental Checklist prepared therefor in accordance with Section 15183.3 of the CEQA Guidelines, that (1) the Proposed Project will not have any significant effects on the environment, and no additional environmental review is required under CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 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 of the Anaheim Municipal Code (the "Code "), to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -109 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 38 -unit residential subdivision, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17811, including its design and improvements, is consistent with the Low Medium Density Residential land use designation in the Anaheim General Plan and, once Zoning Code Amendment No. 2014 -00120 has been adopted by the City Council, with the existing and proposed zoning and development standards contained in Chapter 18.04 of the Code pertaining to single- family detached projects within the "RS -4" Single Family Residential Zone. 2. That the site is physically suitable for the type and density of the Proposed Proj ect. 3. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17811, 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, as shown on proposed Tentative Tract Map No. 17811, or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17811, 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 this Planning Commission does hereby approve Tentative Tract Map No. 17811, subject to (1) the adoption by the City Council of an ordinance reclassifying the Property to the "RS -4" Residential Single Family Zone in accordance with Reclassification No. 2014 - 00273, (2) approval of Conditional Use Permit No. 2014 -05753 and Variance No. 2014- 04982, both of which entitlements are now pending, (3) the conditions of approval set forth 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, and (4) the adoption by the City Council of Zoning Code Amendment No. 2014 - 00120, an ordinance that will increase the permitted height of detached single - family residences in the "RS -4" Single Family Residential and "RM" Multiple Family Residential Zones. Extensions for further time to complete said 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 -2- PC2014 -109 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 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 November 17, 2014. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. /� CHAIRMAN, PLANNIIaCDMMISSION OF E CITY OF A AH M ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3- PC2014 -109 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 November 17, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -109 EXHIBIT "A" DES' NO. 2014 -00046 APN:035- 176 -03 �r- 035- 176 -02 035 - 176 -15 035 - 176 -14 SX 035 - 176 -10 035 -176 -06 x z 2 M+ PD 5 281 s� 128, � 1fl� N Co QQ 55 5 15A , rn CY P �V ' 55 5� z R` r m � G r 2 m z C-1 x F 50 100 © 0 o Source. Recorded Tract Maps anc!V City GIS- Feet Please note the accuracy is +I- two to five feet - -5- PC2014 -109 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17811 (DEV2014- 00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The final map shall be submitted to and approved by the City of Anaheim Public Works, Department of Public Works and the Orange County Surveyor for Development Services technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 2 All existing structures shall be demolished. The developer shall obtain a Public Works, demolition permit from the Building Division. Development Services 3 A maintenance covenant shall be submitted to the Subdivision Section and Public Works approved by the City Attorney's office. The covenant shall include Development Services 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 maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Adele Street, Cypress and Private Streets, name signs and the private street. The covenant shall be recorded concurrently with the final map. 4 Street improvement plans shall be submitted for improvements along the Public Works, frontage of Adele Street and the private streets. Improvements shall Development Services conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public and the private streets. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 5 The legal property owner shall post a security and execute a Subdivision Public Works, Agreement to complete the required public improvements at the legal Development Services owner's expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. The agreement shall be recorded concurrently with the final map. 6 The public alley right -of -way within the property boundary shall be Public Works, abandoned. The legal property owner shall submit an abandonment Real Property Services application to Public Works for review and approval of City Council prior to approval of the final map by City Council. -6- PC2014 -109 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim on the final map an easement of 30 -feet in width from the Development Services centerline of Adele Street for road, public utilities, and other public purposes. 8 The applicant shall defend, indemnify, and hold harmless the City and its planning Department, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnities ") from any and all claims, Division actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 9 Conditions of approval related to each of the timing milestones above shall planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division 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 is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits for Division 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. 11 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the applicant Planning Services and which plans are on file with the Planning Department, and as Division conditioned herein. -7- PC2014 -109