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Resolution-PC 2014-019RESOLUTION NO. PC2014 -019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013 -133 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00053) (1952 WEST LA PALMA AVENUE AND 934 -954 NORTH KEYSTONE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified Petition for Tentative Parcel Map No. 2013 -133 to consolidate five residential parcels into the main Servite High School campus property (the "Proposed Project "), for those certain real properties located at 1952 West La Palma Avenue and 934 -954 North Keystone 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, Tentative Parcel Map No. 2013 -133 is proposed in conjunction with Conditional Use Permit No. 2012 -05650 and Variance No. 2013 - 04957; and WHEREAS, the Property is approximately 15.8 -acres in size and is developed with the Servite High School campus. The five properties on Keystone Street to be consolidated into the campus are developed with four single family homes and a vacant parcel. The zoning for the high school property is Transition (T). The zoning for the residential parcels are Single Family Residential (RS -2). The General Plan designates the school property for School land uses and the five residential properties for Low Density Residential land uses; and WHEREAS, on January 27, 2014, 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 Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed Tentative Parcel Map No. 2013- 133, and to investigate and make findings and recommendations in connection therewith, and the hearing was continued to the February 10, 2014 meeting so that the request could be amended and re- noticed to allow the applicant to retain an existing student enrollment that is higher than permitted under previous entitlements and include a parking variance; 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 the proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ( "MND ") was prepared to evaluate the physical environmental impacts of the proposed Project. The MND was circulated for a 30 -day public review period from December 16, 2013 through January 17, 2014. A complete copy of the MND is on file and can be viewed in the City's Planning Department and is also available for purchase; and - 1 - PC2014 -019 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Program ( "MMP ") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 10, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the MND and for and against the proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did not receive evidence and reports, including any written and verbal comments received during the public review period concerning the contents and sufficiency of the MND and responses thereto; and WHEREAS, based upon a review of the Project and the MND, this Planning Commission finds that (i) the MND reflects the independent judgment and analysis of the City; (ii) it has considered the proposed MND and MMP together with any comments and responses received during the public review process; (iii) potentially significant impacts of the proposed Project have been eliminated or reduced to a level considered less than significant with the implementation of the mitigation measures contained in the resolution; and (iv) there is no substantial evidence that the proposed Project will have a significant effect on the environment; 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 pertaining to the Proposed Project, does find and determine the following facts: 1. That the proposed tentative parcel map, including its design and improvements, is consistent with the School and Low Density Residential land use designations of the Anaheim General Plan and the Single Family Residential and Transition zone development standards contained in Chapters 18.04 (Single Family Residential Zone) and 18.14 (Public and Special Purpose Zones) of the Code; 2. That the site is physically suitable for the type and size of the Proposed Project; and 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. No sensitive environmental habitat has been identified on the Property; and 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 improvements will be constructed on the Property in compliance with requirements of the Code; and 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. -2- PC2014 -019 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Tentative Parcel Map No. 2013 -133, subject to and contingent upon the approval of Conditional Use Permit No. 2012 -05650 and Variance No. 2013 - 04957, now pending, and upon satisfaction of 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 said 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 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 February 10, 2014. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR PRO- TIEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -019 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 10, 2014, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of February, 2014. /,, - , V".' �- SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -019 EXHIBIT "A" DEV NO. 2012 -00053 APN: 072- 131 -01 072 - 463 -06 072 - 463 -05 072 - 463 -03 072- 463 -02 W LA PALMA AVE 072 - 463 -04 co 662' tx� c�n W DOGWOOD AVE 125' �n M H {!S c0 Q 0 tz F^ _ Z 126' O Z LU LU Y Z A v 634' O W CATALPA AVE O ' D Z IT Z 0 c 50 ioo Source: Recorded Tract Maps and /or City GIS, Fv Please note the accuracy is +l two to five feet. -5- PC2014 -019 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2013-133 (DEV2012- 00053) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO FINAL MAP APPROVAL 1 The legal property owner shall execute a Subdivision Agreement, Public Works in a form approved by the City Attorney, to complete the required Department, public improvements at the legal property owner's expense. Said Development agreement shall be submitted to the Public Works Department, Services Subdivision Section approved by the City Attorney and City Division Engineer. 2 The property owner shall irrevocably offer to dedicate to the City public Works of Anaheim an easement 30 feet in width from the street Department, centerline of Keystone Street for road, public utilities and other Development public purposes. Services Division 3 A maintenance covenant shall be submitted to the Subdivision public Works Section and approved by the City Attorney's office. The covenant Department, shall include provisions for maintenance of private facilities, Development including compliance with approved the Water Quality Services Management Plan, and a maintenance exhibit. Maintenance Division responsibilities shall include parkway landscaping and irrigation on the public streets. The covenant shall be recorded concurrently with the final map. GENERAL 4 A parcel map shall be submitted for review and approval to the public Works City of Anaheim Public Works Department, Development Department, Services Division and the Orange County Surveyor and then Development shall be recorded in the Office of the Orange County Recorder. Services Division 5 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnities ") from planning any and all claims, actions or proceedings brought against Services Indemnities to attack, review, set aside, void, or annul the Division decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including -6- PC2014 -019 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 6 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure Services to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. 7 Subject property shall be developed, maintained and operated Planning substantially in accordance with plans and specifications Department, submitted to the City of Anaheim by the petitioner and which Planning plans are on file with the Planning Department and as Services conditioned herein. Division -7- PC2014 -019