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Resolution-PC 2014-042RESOLUTION NO. PC2014 -042 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014 -129 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00039) (1256 -1290 EAST LINCOLN AVENUE AND 113 -117 EAST FAHRION PLACE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Tentative Parcel Map No. 2014- 129 to consolidate five parcels into one parcel (herein referred to as the "Parcel Map ") for certain real property located at 1256 -1290 East Lincoln Avenue and 113 -117 East Fahrion Place in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.83 acres, is developed with four commercial buildings. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the Multiple Family Residential (RM -4) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple Family Residential Zone) of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 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 (Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel Map, 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 "), the Planning Commission finds and determines that the proposed Parcel Map is within that class of projects which consist of infill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, the Parcel Map, once approved, (a) will be consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, and (b) would not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, the Property (a) is less than five acres in size and is substantially surrounded by urban uses, (b) has no value as habitat for endangered, rare or threatened species, and (c) can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Parcel Map 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 for Tentative Parcel Map No. 2014 -129, does find and determine the following facts: - 1 - PC2014 -042 1. 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 zoning and development standards of the "RM -4" Multiple Family Residential zone contained in Chapter 18.06 (Multiple - Family Residential Zone) of the Code; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the "RM -4" Multiple - Family Residential Zone ; and 3. 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 in the vicinity; and 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, as it is anticipated that the existing commercial buildings will be demolished and replaced with multiple family residential buildings in conformance with the development standards of the "RM -4" Multiple - Family Residential Zone; and 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014 -129, contingent upon and subject to 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 any amendment, modification or revocation 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 Code. 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. -2- PC2014 -042 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 16, 2014. 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. ".L-ft c ev�ati CHAIR PRO- EMPORE ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 June 16, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of June, 2014 c SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -042 EXHIBIT "A" DEV2014 -00039 APN: 037- 173 -22 037 - 173 -43 037- 173 -44 z 037 - 173 -25 v 037 - 173 -23 n N G v z v Z 0 UNC 92 12g 169 N o. 2g 9:A 1A' w E 0 NY, 2 � 1 o so oa Source: Recorded Tract Maps and /or City GIS. v Please note the accuracy is +/- two to five feet. -4- PC2014 -042 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2014-129 (DEV2014- 00039) -5- PC2014 -042 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO RECORDATION OF PARCEL MAP 1 The legal property owner shall execute an unsubordinated Public Works Subdivision Improvement Agreement, in a form approved by the Department, City Attorney, to complete any required public improvements at the Development legal property owner's expense. Said agreement shall be submitted Services Division to the Public Works Department, Subdivision Section for approval by the City Attorney and City Engineer and then shall be filed in the Office of the Orange County Recorder upon approval by City Council. 2 An improvement certificate shall be placed on the final map to Public Works indicate that all street improvements along Lincoln Avenue per the Department, latest version of the Lincoln Avenue Corridor Highway and Development Landscape Master Plan and for Fahrion Place per Public Works Services Division Standard Detail 160 -A shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. 3 An improvement certificate shall be placed on the final map to Public Works indicate that all required public sewer and storm drain improvements Department, shall be constructed prior to final building and zoning inspections as Development directed by the City Engineer for future building or grading site Services Division development plans. 4 An improvement certificate shall be placed on the final map to Public Utilities indicate that all required public water improvements shall be Department, Water constructed prior to final building and zoning inspections as directed Engineering by the Public Utilities Director for future building or grading site Division development plans. 5 That prior to development approval, a maintenance covenant, shall Public Works be submitted to the Subdivision Section of Public Works and Department, approved by the City Attorney's office. The covenant shall include Development provisions for maintenance of private facilities, including compliance Services Division with approved Water Quality Management Plan and a maintenance exhibit. Maintenance responsibilities shall also include parkway -5- PC2014 -042 -6- PC2014 -042 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT landscaping and irrigation on Lincoln Avenue and Fahrion Place. The covenant shall be recorded in the Office of the Orange County Recorder. 6 The vehicular access rights to Lincoln Avenue and Fahrion Place Public Works shall be released and relinquished to the City of Anaheim, except at Department, approved street openings. Development Services Division 7 The property owner shall irrevocably offer to dedicate to the City Public Works of Anaheim an easement 53 feet in width from the centerline of Department, Lincoln Avenue and an easement 50 feet radial from the center Development point of the cul -de -sac of Fahrion Place for road, public utilities Services Division and other public purposes. 8 The owner shall irrevocably offer to dedicate to the City of Public Utilities Anaheim (i) an easement for all large domestic above - ground Department, Water water meters and fire hydrants, including a five foot wide easement Engineering around the fire hydrant and /or water meter pad, (ii) a twenty foot wide easement for all water service laterals to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner and included and recorded in the Master CC &R's for the project. GENERAL 9 The Parcel Map shall be submitted to and approved by the City of Planning Anaheim and the Orange County Surveyor and then shall be filed in Department, the Office of the Orange County Recorder. Planning Services Division 10 The subject Property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner and which plans are on file with the Planning Services -6- PC2014 -042 -7- PC2014 -042 RESPONSIBLE NO, CONDITIONS OF APPROVAL DEPARTMENT Planning Department, and as conditioned herein. Division 11 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 "Indemnitees ") from Planning Services any and all claims, actions or proceedings brought against Division 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. 12 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -7- PC2014 -042