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Resolution-PC 2015-027RESOLUTION NO. PC2015 -027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17819 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00033) (2848 AND 2901 -2905 EAST SOUTH 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. 17819 to establish a 20 -unit, detached, small -lot residential subdivision (the "Project ") for that certain real property located at 2848 and 2901 -2905 East South 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. 17819 is proposed in conjunction with Conditional Use Permit No. 2014 - 05769, Variance No. 2015- 05004, General Plan Amendment No. 2014 -00497 and Reclassification No. 2014 - 00272, now pending, which, together with the Project, shall be referred to herein as the "Proposed Project "; and WHEREAS, the Property is approximately 3.4 acres in size and is currently improved with two pump houses. A portion of the Property is located in the "RS -3" Single - Family Residential Zone. The remainder of the Property is located in the "T" Transition Zone. The Anaheim General Plan designates this Property for "Parks ", "Open Space" and "Low 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; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ( "MND ") was prepared to evaluate the physical environmental impacts of the Proposed Project. The MND was circulated for a 30 -day public review period from February 13, 2015 through March 15, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the MND is on file and can be viewed in the City's Planning Department located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California and is also available for purchase; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ( "MMP No. 323 ") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project; and - 1 - PC2015 -027 WHEREAS, by the adoption of a resolution concurrently with but prior in time to the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission approved and adopted the MND and MMP No. 323 for the Proposed Project. The MND, together with the Initial Study, MMP No. 323, and other materials which constitute the record of the proceedings upon which the decision of the Planning Commission was based are on file in the City's Planning Department; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 23, 2015 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 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 approve Tentative Tract Map No. 17819, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17819, including its design and improvements, is consistent with the "Low Density Residential" land use designation proposed as part of General Plan Amendment No. 2014 -00497 and the zoning and development standards of the "RS -4" Single Family Residential Zone contained in Chapter 18.04 of the Code proposed as part of Reclassification No. 2014- 00272. 2. That the site is physically suitable for the type and density of the proposed Project. 3. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17819, 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. 17819, 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. 17819, 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 -2- PC2015 -027 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 recommend that the City Council approve Tentative Tract Map No. 17819, contingent upon and subject to (1) the adoption by the City Council of a resolution approving and amending the General Plan land use designation in accordance with General Plan Amendment No. 2014- 00497; (2) the adoption of an ordinance authorizing an amendment to the Zoning Map to rezone the Property to the "RS -4" Residential Single - Family Zone in accordance with Reclassification No. 2014 - 00272, (3) the adoption of a resolution by the City Council approving Conditional Use Permit No. 2014 -05769 and Variance No. 2015- 05004, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 323; and (4) 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. 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 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 March 23, 2015. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal pro),Geoures and may be replaced by a City Council Resolution in the event of an appeal. 11 IAN, PLANNING CWKMISSION CITY OF AN EIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -027 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 March 23, 2015, 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 23 day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -027 EXHIBIT "A" DEV NO. 2014 -00033 -5- PC2015 -027 0 11 50 goo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17819 (DEV2014- 00033) 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 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. 3 The developer shall submit street improvement plans to the Public Works Department, Development Services Division and a bond shall be Public Works, posted to guarantee that South Street is improved per Public Works Development Services Standard Detail 160 -A Local Street, a cul -de -sac per standard 166. The work shall include rehabilitation of the pavement south of the centerline on South Street adjacent to the project. Parkway landscaping and irrigation shall be installed on the public and the private streets. The bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 4 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal Public Works, owner's expense in an amount approved by the City Engineer and in a Development Services 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. 5 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim on the final map a cul -de -sac easement with a radius of 50 feet for Public Works, road, public utilities, and other public purposes. Development Services -6- PC2015 -027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to planning Department, individually and collectively as "Indemnities ") from any and all claims, Planning Services actions or proceedings brought against Indemnities to attack, review, set Division 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. 7 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, planning Department, conditions of approval that are required to be complied with prior to the Planning Services issuance of building permits shall be provided on plans submitted for Division 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 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. 9 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- PC2015 -027