Resolution-PC 2014-102RESOLUTION NO. PC2014 -102
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING TENTATIVE PARCEL MAP 2014 -172 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00088)
(2300 SOUTH LEWIS STREET)
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 -172 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map ") for
certain real property located at 2300 South Lewis Street 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 24.1 acres, is developed with
with a Recreational Vehicle and Mobile Home Park. The Anaheim General Plan designates the
Property for Medium Density Residential land uses. The Property is located within the
Transition ( "T ") Zone. The Property is also located within the Mobile Home Park Overlay
( "MHP" ) Overlay Zone, meaning that the regulations contained in Section 18.26.060 (Mobile
Home Park Overlay Zones) of Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the
Anaheim Municipal Code (the "Code ") shall apply to the Property; 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
(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 project Parcel Map is within that class of
projects which consists of a 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 (e) 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
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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 -172, does find and
determine the following facts:
1. The proposed division, 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 "T" (Transition) and Mobile Home Park Overlay zone
contained in Chapters 18.14 and 18.26 (Mobile Home Park (MHP) Overlay 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 "T" (Transition) and Mobile Home Park
(MHP) 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, as no development is proposed as part of this request. Any future
development requests would be required to comply with the standards of the "T" (Transition)
and Mobile Home Park (MHP) Overlay zone; 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 -172, 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 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.
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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 regular meeting of the
Planning Commission held on November 17, 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.
CHJIRMAN, PLANNING C MMISSION
OF HE CITY OF AN HE
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 regular meeting of the
Planning Commission of the City of Anaheim 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
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EXHIBIT "A"
DEV NO. 2014 -00088
E CHAPMAN AVE
5
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Q o Source: Recorded Tract Maps andior C GIS
Feei Please note the accuracy is +;- two to five feet_
9
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2014-172
(DEV2014- 00088)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO RECORDATION OF THE PARCEL MAP
1
The property owner shall irrevocably offer to dedicate to the City
Public Works
of Anaheim an easement in Manchester Drive for road, public
Department,
utilities and other public purposes. The width of the easement
Development Services
shall include the existing road improvements and terminate at 10
Division
feet back of the existing curb in the west side of the existing road.
2
The owners of Parcel 1 and the portion of Parcel Map 2014 -172
planning Department,
shown as "Not a Part" shall record an instrument satisfactory to the
Planning Services
City providing for covenants for the passage of motor vehicles and
Division
pedestrians over and across the street, curb, gutter and sidewalk
improvements existing within Parcel 1 and the portion of Parcel
Map 2014 -172 shown as "Not a Part" (the "Access Area ") to assure
to the satisfaction of the Planning Director that the Access Area is
available for use by the owners of Parcel 1 and his/her /its agents,
contractors, employees, tenants and other occupants and the guests
and invitees of such tenants and other occupants. The recorded
instrument shall be effective as of the date of recordation in the
Official Records of the County of Orange and shall continue in full
force and effect until the owner of Parcel 1 is issued a building
permit for construction of improvements thereon. Alternatively, if
the owners of Parcel 1 and the portion of Parcel Map 2014 -172
shown as "Not a Part" determine that such an instrument is not
feasible, the owner of Parcel 1 shall remove and no longer use
recreational vehicles from those recreational vehicle spaces which
the Planning Director determines to be reasonably necessary to
effect compliance with the Anaheim Municipal Code and the
Subdivision Map Act.
3
An improvement certificate shall be placed on the final map to
Public Works
indicate that all street improvements along Manchester Avenue
Department,
per the latest version of Public Works Standard Details 160 -A and
Development Services
the General Plan shall be constructed prior to final building and
Division
zoning inspections as directed by the City Engineer for future
building or grading site development plans.
4
An improvement certificate shall be placed on the final map to
Public Works
indicate that all required public sewer, water and storm drain
Department,
improvements shall be constructed prior to final building and
Development Services
zoning inspections as directed by the City Engineer for future
Division
building or grading site development plans.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
5
The Parcel Map shall be submitted to and approved by the City of
Public Works
Anaheim and the Orange County Surveyor and then shall be filed
Department,
in the Office of the Orange County Recorder.
Development Services
Division
6
The legal property owner shall execute a Subdivision Agreement,
Public Works
in a form approved by the City Attorney, to complete the required
Department,
public improvements at the legal property owner's expense. Said
Development Services
agreement shall be submitted to the Public Works Department,
Division
Subdivision Section for approval by the City Attorney and City
Engineer.
GENERAL
7
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
example, conditions of approval that are required to be complied with
Division
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.
8
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees ") from
Division
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.
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