Resolution-PC 2014-061RESOLUTION NO. PC2014 -061
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO. 17701
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00015)
(1807 —1855 WEST ORANGE AVENUE,
EXCLUDING A PORTION OF 1853 WEST ORANGE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning
Commission ") did receive a verified petition to approve Tentative Tract Map No. 17701 to
establish a 37 -lot residential subdivision for that certain real property located at 1807 — 1855
West Orange Avenue, excluding a portion of 1853 West Orange Avenue developed with a
church, in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the 'Property "); and
WHEREAS, the Property is currently developed with single - family residential
structures, a plant nursery, and a portion of the Orange Avenue Baptist Church parking lot and is
located in the "T" (Transition) Zone. Tentative Tract Map No. 17701 is proposed in conjunction
with (1) Reclassification No. 2014 - 00266, which is a request to rezone or reclassify the Property
from the "T" (Transition) Zone to the 'RS -4" (Single - Family Residential) Zone (herein referred
to as 'Reclassification No. 2014- 00266 "), and (2) Conditional Use Permit No. 2014- 05733,
which is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code ") for all
development in the 'RS -4" (Single - Family Residential) Zone (herein referred to as "CUP No.
2014 - 05733 "). The Anaheim General Plan designates this Property for Low Density Residential
land uses; and
WHEREAS, the applicant requests a tentative tract map in order to establish a 37-
lot residential subdivision to allow for the future development of 37 single - family homes on the
Property. The development comprising Tentative Tract Map No. 17701, CUP No. 2014 -05733
and Reclassification No. 2014 -00266 shall be referred to herein as the "Proposed Project'; and
WHEREAS, on July 28, 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 said the Proposed Project and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior
in time to this Resolution, this Planning Commission has heretofore found and determined, as the
"lead agency" under the California Environmental Quality Act (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA "), that, on the basis of a thorough review of the
Proposed Project and a Mitigated Negative Declaration prepared therefor, including the
Mitigation Monitoring Plan and the comments received to date and the responses prepared, the
Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures attached to this
Resolution; 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 with respect to the request to establish a 37 -lot residential subdivision,
does find and determine the following facts:
1. The proposed subdivision, including its design and improvements, and
with the conditions imposed under CUP No. 2014 -05733 and under this Resolution, is
consistent with the Low Density Residential land use designation in the Anaheim General
Plan and the development standards contained in the RS -4 (Single Family Residential)
zone.
2. The site is physically suitable for the type and size of the proposed
residential subdivision.
3. The design of the subdivision, with the conditions imposed under CUP
No. 2014 -05733 and this Resolution, is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat because no
sensitive environmental habitat has been identified on the site.
4. 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 the conditions
imposed under CUP No. 2014 - 05733, this Resolution and other related Code
requirements.
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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Tentative Tract Map No. 17701, contingent upon (1) the adoption by the City
Council of an ordinance reclassifying the Property within the "RS -4" (Single - Family Residential)
Zone in accordance with Reclassification No. 2014 - 00266, (2) approval of CUP No. 2014 -05733
and the conditions imposed thereunder, and (3) 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
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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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 28, 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.
ATTEST:
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 28, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, SEYMOUR, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 28` day of July, 2014.
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
4- PC2014 -061
EXHIBIT "a"
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128. 121.28
128. 121 -15
128 - 121 -08
128.121 -06
128.121.09
128- 121 -03
128 - 121 -05
128 - 121.04
128- 121.11
128- 121 -24
128. 121 -14
128 - 121.02
128 - 121 -25
128 - 121 -13
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17701
(DEV2013- 00015)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO FINAL MAP APPROVAL
1
All existing structures and site improvements shall be demolished. A
Public Works,
demolition permit from the Building Division shall be obtained for the
Development Services
demolition of structures. A rough grading permit shall be obtained
from the Public Works Department for removal of other site
Building Division
improvements.
2
The vehicular access rights to Orange Avenue, except at the private
Public Works,
street openings, shall be released and relinquished to the City of
Development Services
Anaheim.
3
A maintenance covenant shall be submitted to the Subdivision
Section and approved by the City Attorney's office. The covenant
Public Works,
shall include provisions for maintenance of private facilities such as
private sewer, private streets, and private storm drain improvements;
Development Services
compliance with approved Water Quality Management Plan; and a
maintenance exhibit. Maintenance responsibilities shall include all
drainage devices, parkway landscaping and irrigation on Orange
Avenue, the private street name sign and the Private Streets. The
covenant shall be recorded concurrently with the final map.
4
Street improvement plan shall be submitted for improvements along
the frontage of Orange Avenue and the private streets. Said
public Works,
improvements shall conform to City Standard 160 -A and to City
Standard 162 respectively or as approved by the City Engineer.
Development Services
Parkway landscaping and irrigation shall be installed on Orange
Avenue and the private streets.
5
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
by the City Engineer and in a form approved by the City Attorney.
Development Services
Said agreement shall be submitted to the Public Works Department,
Subdivision Section for approval by the City Council.
6
The legal property owner shall pay the development impact fees
Public Works,
unless a fee deferral agreement has been executed.
Development Services
7
The legal property owner shall irrevocably offer to dedicate to the
Public Works,
City of Anaheim an easement 32 feet in width from the centerline of
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RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
Orange Avenue and the corner cutback right -of -way for road, public
Development Services
utilities and other public purposes for both sides of the private street
curb ramps at Orange Avenue.
8
All lots shall be assigned street addresses by the Building Division.
Planning Department,
The street name for the private street shall be submitted to and
Building Division
approved by the Building Division.
GENERAL
9
Conditions of approval related to each of the timing milestones above
Planning Department
shall be prominently displayed on plans submitted for permits. For
Planning Services Division
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks and
trail plans, and fire and life safety plans, etc.
10
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (collectively referred
Planning Services Division
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.
11
The applicant is responsible for paying all charges related to the
Planning Department
processing of this discretionary case application within 30 days of the
Planning Services Division
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
12
The property shall be developed substantially in accordance with
Planning Department
plans and specifications submitted to the City of Anaheim by the
Planning Services Division
applicant and which plans are on file with the Planning Department.
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