Loading...
Resolution-PC 2014-102RESOLUTION NO. PC2014 -102 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014 -172 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00088) (2300 SOUTH LEWIS STREET) 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 -172 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map ") for certain real property located at 2300 South Lewis Street 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 24.1 acres, is developed with with a Recreational Vehicle and Mobile Home Park. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the Transition ( "T ") Zone. The Property is also located within the Mobile Home Park Overlay ( "MHP" ) Overlay Zone, meaning that the regulations contained in Section 18.26.060 (Mobile Home Park Overlay Zones) of Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code ") shall apply to the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 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 project Parcel Map is within that class of projects which consists of a the division of property meeting the conditions described in Section 15315 of the California Code of Regulations (the "CEQA Guidelines "); that is, (a) consists of the division of property in an urban 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, (b) no variances are required, (c) all services and access to the proposed parcels to local standards are available, (d) the existing parcel was not involved in the division of a larger parcel within the previous two years, and (e) the existing parcel does not have an average slope greater than 20 percent at the time of this determination. Accordingly, pursuant to Section 15315 of the CEQA Guidelines, the proposed Parcel Map will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014 -102 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 -172, does find and determine the following facts: 1. The proposed division, 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 "T" (Transition) and Mobile Home Park Overlay zone contained in Chapters 18.14 and 18.26 (Mobile Home Park (MHP) Overlay 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 "T" (Transition) and Mobile Home Park (MHP) Overlay zone; and 3. The design of the division 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 division or the type of improvements is not likely to cause serious public health problems, as no development is proposed as part of this request. Any future development requests would be required to comply with the standards of the "T" (Transition) and Mobile Home Park (MHP) Overlay zone; and 5. The design of the division 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 division. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014 -172, 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 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. -2- PC2014 -102 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 regular meeting of the Planning Commission held on November 17, 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. CHJIRMAN, PLANNING C MMISSION OF HE CITY OF AN HE ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 regular meeting of the Planning Commission of the City of Anaheim held on November 17, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3- PC2014 -102 EXHIBIT "A" DEV NO. 2014 -00088 E CHAPMAN AVE 5 N r' o so roa Q o Source: Recorded Tract Maps andior C GIS Feei Please note the accuracy is +;- two to five feet_ 9 �, 233 ♦ �� -4- PC2014 -102 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2014-172 (DEV2014- 00088) -5- PC2014 -102 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO RECORDATION OF THE PARCEL MAP 1 The property owner shall irrevocably offer to dedicate to the City Public Works of Anaheim an easement in Manchester Drive for road, public Department, utilities and other public purposes. The width of the easement Development Services shall include the existing road improvements and terminate at 10 Division feet back of the existing curb in the west side of the existing road. 2 The owners of Parcel 1 and the portion of Parcel Map 2014 -172 planning Department, shown as "Not a Part" shall record an instrument satisfactory to the Planning Services City providing for covenants for the passage of motor vehicles and Division pedestrians over and across the street, curb, gutter and sidewalk improvements existing within Parcel 1 and the portion of Parcel Map 2014 -172 shown as "Not a Part" (the "Access Area ") to assure to the satisfaction of the Planning Director that the Access Area is available for use by the owners of Parcel 1 and his/her /its agents, contractors, employees, tenants and other occupants and the guests and invitees of such tenants and other occupants. The recorded instrument shall be effective as of the date of recordation in the Official Records of the County of Orange and shall continue in full force and effect until the owner of Parcel 1 is issued a building permit for construction of improvements thereon. Alternatively, if the owners of Parcel 1 and the portion of Parcel Map 2014 -172 shown as "Not a Part" determine that such an instrument is not feasible, the owner of Parcel 1 shall remove and no longer use recreational vehicles from those recreational vehicle spaces which the Planning Director determines to be reasonably necessary to effect compliance with the Anaheim Municipal Code and the Subdivision Map Act. 3 An improvement certificate shall be placed on the final map to Public Works indicate that all street improvements along Manchester Avenue Department, per the latest version of Public Works Standard Details 160 -A and Development Services the General Plan shall be constructed prior to final building and Division zoning inspections as directed by the City Engineer for future building or grading site development plans. 4 An improvement certificate shall be placed on the final map to Public Works indicate that all required public sewer, water and storm drain Department, improvements shall be constructed prior to final building and Development Services zoning inspections as directed by the City Engineer for future Division building or grading site development plans. -5- PC2014 -102 -6- PC2014 -102 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 5 The Parcel Map shall be submitted to and approved by the City of Public Works Anaheim and the Orange County Surveyor and then shall be filed Department, in the Office of the Orange County Recorder. Development Services Division 6 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 Services agreement shall be submitted to the Public Works Department, Division Subdivision Section for approval by the City Attorney and City Engineer. GENERAL 7 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 example, conditions of approval that are required to be complied with Division 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. 8 The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from Division 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. -6- PC2014 -102