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Resolution-PC 2013-067RESOLUTION NO. PC2013 -067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2012 -04900 AND TENTATIVE PARCEL MAP NO. 2012 -122 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00081) (1826 -1828 AND 1834 -1836 WEST GLENOAKS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Variance No. 2012- 04900 and Tentative Parcel Map No. 2012 -122 (hereinafter referred to as the "Proposed Project ") to subdivide two existing properties with lot widths less than permitted by the Zoning Code at 1826 -1828 and 1834 -1836 West Glenoaks Avenue in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Properties "); and WHEREAS, the Properties, each consisting of approximately 0.26 acres, are developed with four four -unit apartment buildings. The properties are located in the Multiple - Family Residential Zone, meaning that the development standards of the "R -M" Zone in Chapter 18.06 (Multiple - Family Residential Zones) of the Anaheim Municipal Code apply for development in this area. The Anaheim General Plan designated the property for Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2013, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project 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 the Proposed Project is within that class of projects which consist of Existing Facilities and Minor Land Divisions, and that, therefore, pursuant to Sections 15301 and 15315 of Title 14 of the California Code of Regulations, 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 Variance No. 2012 -04900 and Tentative Parcel Map No. 2012 -122 to subdivide two existing properties with lot widths less than required by the Zoning Code, should be approved for the following reasons: SECTION NO. 18.06.050 Minimum Lot Width. (70 feet required; 51 feet 6 inches proposed) - 1 - PC2013 -067 I . There are special circumstances applicable to the Properties, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because the properties are developed with two buildings on each property and the surrounding properties have one building per property; and 2. Because of special circumstances, strict application of the Zoning Code deprives the Properties of privileges enjoyed by other property under the identical zoning classification in the vicinity because other residences in the vicinity have been subdivided with similar lot widths as proposed. 3. That the proposed subdivision, including its design and improvements, is consistent with the Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the Multiple Family Residential (RM -4) zone. 4. That the site is physically suitable for the type and density of the proposed residential subdivision. 5. That the design of the subdivision 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. 6. That the design of the subdivision is not likely to cause serious public health problems, as no changes are proposed to the existing residential buildings. 7. That the design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Variance No. 2012 -04900 and Tentative Parcel Map No. 2012 -122, subject to the conditions of approval described in Exhibit B attached hereto and incorporated 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 Anaheim Municipal 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. -2- PC2013 -067 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 Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 23, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PEYING COMMISSION ATTEST: SENIOR Sa)CRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -067 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 September 23, 2013, by the following vote of the members thereof. AYES: COMMISSIONERS: AGARWAL, CALDWELL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 23` day of September, 2013. W 4/ SENIOR SECRI -'ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -067 EXHIBIT "A" DEV \Q. 2012 -00081 APN: 272- 052 -04 272 - 052 -05 Ln Uj w a tA z cx 0 z __j W CATALPA AVE FF mulall- W GLENCtAKS AVE 207' 207' i__Ll__I_JJ W GREENLEAF AVE w U1 EE= ®Gi= v z W GRAMERCY AVE LJ_L_L_1J_L_J LJ o so 100 Source: Recorded Tract Maps and /or City GIS. - Please note the accuracy is +/- two to five feet. -5 - PC2013 -067 EXHIBIT "B" VARIANCE NO. 2012-04900 AND TENTATIVE PARCEL MAP NO. 2012-122 (DEV2012- 00081) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Subject properties shall be developed and maintained substantially Planning No additional in accordance with lans an s pecifications submitted to the City of p p �' demonstration required Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 2 The final map shall be submitted to the City of Anaheim Department Public Works of Public Works and the Orange County Surveyor for technical review Development and verified that all applicable conditions of approval have been Services complied with and then shall be recorded in the Office of the Orange County Recorder. 3 The property shall be permanently maintained in an orderly fashion Code No additional through the provision of regular landscaping maintenance, removal g p g p g Enforcement demonstration required of trash or debris. 4 The Applicant shall defend, indemnify, and hold harmless the City Planning No additional and its officials, officers employees and a agents collective) g (collectively demonstration required referred to individually and collectively as "Indemnitees ") from 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. PRIOR TO RECORDATION OF PARCEL MAP 5 A lead -free backflow prevention device meeting the City of Public Anaheim's current standards must be installed at each of the four Utilities, meters prior to recordation of the map. Water Engineering 6 Each parcel shall have its own water meter. Public Utilities, Water Engineering -6- PC2013 -067 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 7 Any graffiti painted or marked upon the premises or on any adjacent Code area under the control of the property owner shall be removed or Enforcement painted over within 24 hours of being applied. 8 That prior to final map approval, a maintenance covenant, shall be Public Works submitted to the Subdivision Section and approved by the City Development Attorney's office. The covenant shall include provisions for Services maintenance of private facilities and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Glenoaks Avenue. The covenant shall be recorded concurrently with the final map. -7- PC2013 -067