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Resolution-PC 2013-072RESOLUTION NO. PC2013 -072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013 -164 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00064) (2243 SOUTH LOARA STREET) WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") did receive a verified petition for a subdivision of land, designated as Tentative Parcel Map No. 2013 -164 for that certain real property located at 2243 South Loara 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 "); and WHEREAS, the Property is currently developed with a vacant single- family residence and is located in the T (Transition) Zone. As part of this entitlement request, it is proposed that the Property be reclassified to the Single - Family Residential (RS -3) zone as a concurrent action by the Planning Commission (herein referred to as "Reclassification No. 2013- 00256"). The Anaheim General Plan designates this Property for Low - Medium Density Residential land uses; and WHEREAS, the applicant requests a tentative parcel map in order to establish a 2- lot residential subdivision to allow the future development of two single - family homes on the Property; and WHEREAS, on October 7, 2013, 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 No. 2013 -164 and Reclassification No. 2013- 00256 and 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 "), and assuming that the Planning Commission has concurrently but prior in time to the adoption of this Resolution approved Reclassification No. 2013- 00256, the Planning Commission finds and determines that proposed Tentative Parcel Map 2013 -164 is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, proposed Tentative Parcel Map 2013- 164 (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, proposed Tentative Parcel Map 2013 -164 will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2013 -072 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 permit a two -lot residential subdivision for the future construction of two single - family homes on the Property, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the Low - Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RS -3 (Single - Family Residential) zone. 2. That the site is physically suitable for the type and density of the proposed residential subdivision. 3. 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. 4. That 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 Code requirements. 5. That 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. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve proposed Tentative Parcel Map No. 2013 -154, 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 18.50.170 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 Tentative Parcel Map No. 2013 -164 is expressly contingent upon City Council approval of an ordinance reclassifying the Property in accordance with Reclassification No. 2013- 00256. This Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject Property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. -2- PC2013 -072 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. 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 October 7, 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 PL 1NG COMMISSION ATTEST: SENIORS TARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -072 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 October 7, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of October, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -072 EXHIBIT "A" DEV NO. 2013-00064 Y J APN: 090 - 483 -14 Ll I -L� W LORANE WAY W WILNIOT LN i i i i W ORD WAY v 129' Q 0 0 w 0 o Q 129' r JO W GAYLORD DR z J Q J W REGINA WAY Source: Recorded Tract Maps andlor Ckty GIS. - Please note the accuracy is +I- two to five feet. - 5 - PC2013 -072 EXHIBIT cB" TENTATIVE PARCEL MAP NO. 2013 -164 (DEV2013- 00064) NO, CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The parcel map shall be submitted for review and approval to the Public Works City of Anaheim and the Orange County Surveyor and then shall be Development recorded in the Office of the Orange County Recorder prior to Services issuance of building permits. 2 Prior to approval of the Parcel Map, the existing house on the Public Works property shall be demolished. The legal property owner shall obtain Development a demolition permit from the Building Division. Services/ Building Division 3 Prior to issuance of a building permit, the developer shall obtain Public Works written concurrence from City of Garden Grove for the new sewer Development connection. Services 4 Prior to issuance of a building permit, the developer shall obtain from Public Works Development Services the required right of way construction permit for the street improvements. The plans shall include the removal of existing improvements interfering with the Public Works proposed work, installation and construction of landscaping, Development irrigation, street pole and /or guy anchor(s), sewer lateral and other Services public utility improvements. The landscape and irrigation improvement plans shall show the irrigation being connected to the on -site water supply. A bond shall be posted to guarantee the construction of all public improvements prior to issuance of the right of way construction permit. S All public improvements shall be completed by the developer and Public Works accepted by the City prior to final building and zoning inspections. Development Services 6 Prior to issuance of a building permit all requests for new water Public services or fire lines, as well as any modifications, relocations, or Utilities, abandonments of existing water services and fire lines, shall be Water coordinated through Water Engineering Division of the Anaheim Engineering Public Utilities Department. 7 Prior to issuance of a building permit all existing water services and Public fire services shall conform to current Water Services Standards Utilities, Specifications. Any water service and/or fire line that does not meet Water current standards shall beupgraded if continued use is necessary or I Engineering -6- PC2013 -072 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. S Prior to Applying for the First Water Meter or Fire Service or First Submittal of the Water Improvement Plans the developer /owner shall submit to the Public Utilities Department Water Engineering Public Division an estimate of the maximum fire flow rate and maximum Utilities, day and peak hour water demands for the project. This information Water will be used to determine the adequacy of the existing water system Engineering to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 9 Prior to Rendering Water Service the developer /owner shall submit Public a set of improvement plans for Public Utilities Water Engineering Utilities, review and approval in determining the conditions necessary for Water providing water service to the project. Engineerin 10 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively 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 Planning Indemnitees concerning this permit or any of the proceedings, acts Department 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 Subject property shall be developed, maintained and operated substantially in accordance with plans and specifications submitted Planning to the City of Anaheim by the petitioner and which plans are on file Department with the Planning Department marked Exhibit No. 1, and as conditioned herein. -7- PC2013 -072