Resolution-PC 2016-083RESOLUTION NO. PC2016-083
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2016-017
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00054)
(123 NORTH RIO VISTA STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-017 to
establish a 2 -lot residential subdivision for that certain real property located at 123 North Rio
Vista Street, 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 a single-family residence
and accessory structures and is located in the "T" Transition Zone. Tentative Parcel Map No.
2016-017 is proposed in conjunction with Reclassification No. 2016-00298, which is a request to
rezone or reclassify the Property from the "T" Transition Zone to the "RS -2" Single -Family
Residential Zone (herein referred to as "Reclassification No. 2016-00298"). 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. A single-family residential dwelling unit will remain on one of the
two parcels to be established by Tentative Parcel Map No. 2016-017. Following approval of
Tentative Parcel Map No. 2016-017 and as a condition of approval, the applicant will demolish
an existing garage that currently straddles the proposed new lot line and will construct a new 2 -
car garage toward the rear of the lot in accordance with the development standards of the "RS -2"
Single -Family Residential Zone. The applicant has no current plans to construct a single-family
residential dwelling unit on the second of the two parcels to be established by Tentative Parcel
Map No. 2016-017; however, that parcel will be available for construction of a single-family
residence. Tentative Parcel Map No. 2016-017 and Reclassification No. 2016-00298, the
demolition of an existing garage and construction of a new garage, and the potential construction
of a new single-family residence shall be referred to herein as the "Proposed Project"; and
WHEREAS, on September 19, 2016, 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 2016-017 and Reclassification No. 2016-00298
and to investigate and make findings and recommendations in connection therewith; 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 "projects", as that term is defined in Section 15378 of the CEQA
Guidelines; and
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WHEREAS, by the adoption of a separate resolution concurrently with but prior
in time to this Resolution, this Planning Commission has found and determined that the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA; 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 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 -2"
Single -Family Residential Zone in that the proposed parcel map will create two lots which
exceed the minimum 7,200 square foot lot size for the "RS -2" zone (Lot 1 - 7,236 square feet,
Lot 2- 7,210 square feet). 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 detached garage and is of adequate size to subdivide into two parcels that can be developed
in accordance with the RS -2 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 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. 2016-017, subject to and contingent upon (1) the
adoption by the City Council of an ordinance reclassifying the Property within the " RS -2"
Single -Family Residential Zone in accordance with Reclassification No. 2016-00298, (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 September 19, 2016. 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 September 19, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00054
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2016-017
(DEV2016-00054)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO FINAL MAP APPROVAL
1
An improvement certificate shall be placed on the final map to indicate that
all street improvements along Rio Vista Street per Public Works Standard
Public Works Department,
Detail 160-A and as approved by the City Engineer shall be constructed
Development Services
prior to final building and zoning inspections as directed by the City
Division
Engineer for future building or grading site development plans.
2
The final map shall include the following language referencing an offer to
dedicate a public utility easement:
Public Utilities Department,
Electrical Engineering
"Owner hereby irrevocably offers for dedication to the City of Anaheim as
Division
an easement for public utility purposes: the westerly 5 feet of Parcels 1 and
2 and southerly 5 feet of Parcel 2".
3
The final map shall be submitted to and approval by the City of Anaheim
Department of Public Works and the Orange County Surveyor for
Public Works Department,
technical review and ensure that all applicable conditions of approval
Development Services
have been complied with and then shall be filed in the Office of the
Division
Orange County Recorder.
4
The new lot shall be assigned a new street address by the Building
Planning and Building
Division.
Department,
Building Division
PRIOR TO RECORDATION OF THE PARCEL MAP
5
The existing structures indicated on the site plan to be demolished shall
be demolished. The developer shall obtain a demolition permit from the
Public Works Department,
Building Division.
Development Services
Division
6
The existing driveway approach in front of the proposed lot line shall be
demolished and replaced with curb, gutter and parkway landscaping and
Public Works Department,
irrigation per City Standards and as approved by the City Engineer. The
Development Services
developer shall obtain a Right -of -Way Construction Permit from the
Division
Public Works, Development Services Division for all work within the
Public Right -of -Way.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
7
The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
Planning and Building
individually and collectively as "Indemnitees") from any and all claims,
Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services Division
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.
8
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning and Building
issuance of the final invoice or prior to the issuance of building permits for
Department,
this project, whichever occurs first. Failure to pay all charges shall result
Planning Services Division
in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
9
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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