Resolution-PC 2015-078RESOLUTION NO. PC2015-078
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2015-130
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00087)
(229-301 WEST VERMONT AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2015-130 to
establish a 2 -lot residential subdivision for that certain real property located at 229-301 West
Vermont Avenue, 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 two single-family
residences and is located in the "RS -2" Single -Family Residential Zone. Tentative Parcel Map
No. 2015-130 is proposed in conjunction with Reclassification No. 2015-00283, which is a
request to rezone or reclassify the Property from the "RS -2" Single -Family Residential Zone to
the "RS -3" Single -Family Residential Zone (herein referred to as "Reclassification No. 2015-
00283"). The Anaheim General Plan designates this Property for Low Density Residential land
uses; and
WHEREAS, the applicant requests a tentative parcel map in order to establish a 2 -
lot residential subdivision. The development comprising Tentative Parcel Map No. 2015-130
and Reclassification No. 2015-00283 shall be referred to herein as the "Proposed Project"; and
WHEREAS, on October 19, 2015, 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 Parcel Map 2015-130 and Reclassification No. 2015-00283
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 (i.e., Class 3 — New Construction or Conversion of Small Structures) which consist of
the construction and location of limited numbers of new, small facilities or structures meeting
the conditions described in Section 15303 of Title 14 of the California Code of Regulations
("CEQA Guidelines") and, pursuant to Section 15303 of the CEQA Guidelines, is 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 to establish a 2 -lot residential subdivision, does
find and determine the following facts:
1. The proposed subdivision, including its design and improvements, and
with the conditions imposed herein is consistent with the Low Density Residential land
use designation in the Anaheim General Plan and the development standards contained in
the "RS -3" Single -Family Residential Zone in that the proposed parcel map will create
two 5,850 square foot lots which exceeds the minimum lot size for the "RS -3" zone. The
proposed lots are consistent with the proposed zoning and General Plan land use
designation.
2. The site is physically suitable for the type and size of the proposed
residential subdivision in that this flat lot is currently developed with a single family
dwelling and a Second Unit and is of adequate size to subdivide into two 5,850 parcels
that can be developed in accordance with the RS -3 zone development standards.
3. The design of the subdivision, with the conditions imposed, 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 in that no environmental impacts are anticipated as part of the future development
of a single-family residential use on this already developed property.
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 and other related Code requirements in that the future demolition, removal of
structures, and future development of a single family residence will be subject to all City
code requirements for demolition and construction.
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 in that the parcel map is conditioned to be
submitted for review and approval to the City of Anaheim and the Orange County
Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to
issuance of building permits.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Tentative Parcel Map No. 2015-130, subject to and contingent upon (1) the
adoption by the City Council of an ordinance reclassifying the Property within the " RS -3"
Single -Family Residential Zone in accordance with Reclassification No. 2015-00283, (2) 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.
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 October 19, 2015. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 October 19, 2015, by the following vote of the
members thereof.
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00087
APN: 036-263-23
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +J- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2015-130
(DEV2015-00087)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO FINAL "APPROVAL
1
The existing detached storage shed located on the proposed property line
Public Works,
shall be demolished. The developer shall obtain a demolition permit from
Development Services
the Building Division and site demolition shall be per a rough grading
permit from Public Works if applicable.
2
The parcel map shall be submitted for review and approval to the City of
Public Works,
Anaheim and the Orange County Surveyor and then shall be recorded in
Development Services
the Office of the Orange County Recorder prior to issuance of building
permits.
3
This condition of approval was deleted at the public hearing.
GENERAL
4
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services Division
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.
5
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits for
Planning Services 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.
6
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department.
Planning Services Division
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