Resolution-PC 2017-071RESOLUTION NO. PC2017-071
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2017-128
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00048)
(645 SOUTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2017-128 to
establish a 3 -lot residential subdivision for that certain real property located at 645 South Magnolia
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 a single-family residence and
is located in the "T" Transition Zone. Tentative Parcel Map No. 2017-128 is proposed in
conjunction with Reclassification No. 2017-00307, which is a request to rezone or reclassify the
Property from the "T" Transition Zone to the "RS -3" Single -Family Residential Zone (herein
referred to as "Reclassification No. 2017-00307"). 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 3 -
lot residential subdivision. Following approval of Tentative Parcel Map No. 2017-128 and as a
condition of approval, the applicant will demolish the existing single family residence that
currently straddles the proposed lot lines. The applicant has no current plans to develop the parcels
established by Tentative Parcel Map No. 2017-128; however, each parcel will be available for
future construction of single-family dwellings; and
WHEREAS, on October 16, 2017, 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 2017-128 and Reclassification No. 2017-00307 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, the Planning Commission finds and determines that Tentative Parcel
Map 2017-128 is within that class of projects (i.e., Class 15 — Minor Land Divisions) which
consists of the division of property meeting the conditions described in Section 15315 of the CEQA
Guidelines; that is, (a) consists of the division of property in urbanized areas 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 or exceptions are required, (c) all services and access
to the proposed parcels to local standards are available, (d) the parcel was not involved in a division
of a larger parcel within the previous 2 years, and (e) the parcel does not have an average slope
greater than 20 percent. The Planning Commission finds and determines that the Property is
located within an "urbanized area", as that term is defined in Section 15387 of the CEQA
Guidelines and meets the aforementioned conditions and 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 3 -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 three lots which exceed the
minimum 5,000 square foot lot size for the "RS -3" zone (Lot 1 — 10,603 square feet, Lot 2 — 11,020
square feet, Lot 3 —11,066 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 is of
adequate size to subdivide into three 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 single-family
residential uses 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.
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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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Tentative Parcel Map No. 2017-128, 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. 2017-00307, (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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 16, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 meeting of the Planning
Commission of the City of Anaheim held on October 16, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, GILLESPIE
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of October, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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7
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DEV NO. 2017-00048
APN: 126-194-17 RANGE AVE
W WESTHAVEN DR
202'
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212'
W STONYBROOK DR
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2017-128
(DEV2017-00048)
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL
1
The legal property owner shall dedicate 53 feet from the centerline on
Public Works
Magnolia Avenue to the City of Anaheim for street, public utilities and other
Department,
public purposes on the Parcel Map.
Development
Services Division
2
An Improvement Certificate shall be included on the Parcel Map for
construction of required public improvements prior to development of the
Public Works
parcels. Public improvement plans (streets, sewer, water or storm drain)
Department,
shall be submitted for improvements along the frontage of Magnolia Avenue.
Development
Improvements shall conform to the City Standards 160-A, 114-A, and as
Services Division
approved by the City Engineer. Parkway landscaping and irrigation shall be
installed.
3
A covenant shall be recorded on each newly -created parcel limiting the
Public Works
number of driveways to one per lot, and requiring adequate driveway design
Department,
for forward travel to and from Magnolia Avenue (no backing onto Magnolia
Traffic Engineering
Avenue). The covenant shall be reviewed and approved by the Department
Division
of Public Works, Traffic Engineering Division prior to recordation with the
Orange County Recorder.
4
The Subdivider shall provide non-interference letters from utility companies.
Public Works
Department,
Development
Services Division
5
The Subdivider shall provide a Monumentation bond.
Public Works
Department,
Development
Services Division
6
The final map shall release and relinquish to the City access rights to
Public Works
Magnolia Avenue except for approved access points at each lot.
Department,
Development
Services Division
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
7
The final map shall be submitted to and approval by the City of Anaheim
Public Works
Department of Public Works and the Orange County Surveyor for
Department,
technical review and ensure that all applicable conditions of approval have
Development
been complied with and then shall be filed in the Office of the Orange
Services Division
County Recorder.
8
The new lots shall be assigned a new street address by the Building
Planning and
Division.
Building Department,
Building Division
PRIOR TO RECORDATION OF THE PARCEL MAP
9
All existing structures on the property shall be demolished. The developer
Public Works
shall obtain a demolition permit from the Building Division.
Department,
Development
Services Division
GENERAL
10
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
Planning and
individually and collectively as "Indemnitees") from any and all claims,
Building Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
Division
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.
11
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and
final invoice or prior to the issuance of building permits for this project,
Building Department,
whichever occurs first. Failure to pay all charges shall result in delays in
Planning Services
the issuance of required permits or may result in the revocation of the
Division
approval of this application.
12
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and
Building Department,
which plans are on file with the Planning Department.
Planning Services
Division
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