Resolution-PC 2014-045RESOLUTION NO. PC2014 -045
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2014 -108 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00014)
(1648 WEST ORANGEWOOD AVENUE)
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. 2014 -108 for that certain real property located at 1648 West Orangewood
Avenue 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 "RS -3" Single - Family Residential (RS -3) Zone
as a concurrent action by the Planning Commission (herein referred to as "Reclassification No.
2014 - 00264 "). 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 to allow the future development of three single - family homes on the
Property; and
WHEREAS, on June 16, 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 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 proposed Tentative Parcel Map No. 2014 -108 and Reclassification No. 2014 -00264
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 proposed Tentative Parcel Map No. 2014 -108 is within
that class of projects which consist of the division of property meeting the conditions described
in Section 15315 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). That
is, proposed Tentative Parcel Map No. 2014 -108 (a) consists of the division of property in an
urbanized area zoned for residential, commercial, or industrial use into four or fewer parcels
when the division is in conformance with the General Plan and Zoning Code, (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 two
years, and (e) the parcel does not have an average slope greater than 20 percent. Accordingly,
pursuant to Section 15315 of the CEQA Guidelines, Tentative Parcel Map No. 2014 -108 will not
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
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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 three -lot residential subdivision for
the future construction of three 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 Density Residential land use designation in the Anaheim General
Plan and the development standards of the "RS -3" zone contained in Chapter 18.04
(Single - Family Residential); and
2. The site is physically suitable for the type and density of the Parcel Map in
conformance with the development standards of the "RS -3" Single - Family Residential
Zone 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, 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. 2014 -108, 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 Tentative Parcel Map No. 2014 -108 is
expressly contingent upon City Council approval of an ordinance reclassifying the Property in
accordance with Reclassification No. 2014- 00264, 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.
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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 June 16, 2014. 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 PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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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,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of June, 2014
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV2014 -00014
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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. 2014-108
(DEV2014- 00014)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF FINAL MAP
1
All existing structures shall be demolished. The developer shall
Public Works
obtain a demolition permit from the Building Division.
Development Services
Planning Department,
Building Division
2
Street improvement plans shall be submitted for improvements
along the frontage of Orangewood Avenue and Della Lane.
Public Works
Improvements shall conform to the City Standards 160 -A, 114 -A,
Development Services
and Alley as approved by the City Engineer. Parkway landscaping
and irrigation shall be installed.
3
The legal property owner shall post a security and execute a
Subdivision Agreement to complete the required public
Public Works
improvements at the legal owner's expense in an amount approved
Development Services
by the City Engineer and in a form approved by the City Attorney.
Said agreement shall be submitted to the Public Works Department,
Subdivision Section for approval by the City Council.
GENERAL
4
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 Department,
Indemnitees concerning this permit or any of the proceedings, acts
Planning Services
or determinations taken, done, or made prior to the decision, or to
Division
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
Planning 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.
6
Subject property shall be developed, maintained and operated
substantially in accordance with plans and specifications submitted
Planning Department,
to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit No. 1, and as
Planning Services
conditioned herein.
Division
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