Loading...
Resolution-PC 2015-104RESOLUTION NO. PC2015-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17882 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Tract Map No. 17882 to establish an 11 -lot residential subdivision for that certain real property located at 1609 and 1615 West Cerritos Avenue, 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 two single-family residences and accessory structures and is located in the "RS -2" Single -Family Residential Zone. Tentative Tract Map No. 17882 is proposed in conjunction with Reclassification No. 2015- 00280, which is a request to rezone or reclassify the Property from the "RS -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone, and Conditional Use Permit No. 2015-05804, 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. 2015-05804"). The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, Tentative Tract Map No. 17882 is contingent upon adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280, which may be approved or denied by the City Council in its sole discretion; and WHEREAS, the development comprising Tentative Tract Map No. 17882, CUP No. 2015-05804, and Reclassification No. 2015-00280 shall be referred to herein as the "Proposed Project"; and WHEREAS, Reclassification No. 2015-00280 is proposed in conjunction with Tentative Tract Map No. 17882 and Conditional Use Permit No. 2015-05804 to establish an 1I - lot residential subdivision with four (4) lettered lots to allow for the future development of 11 single-family homes on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882 and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the - 1 - PC2015-104 Planning Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, as it did for the initial public hearing, in accordance with Section 65090 of the California Government Code and with the provisions of Chapter 18.60 (Procedures) of the Code; 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 the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is 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 to establish an 11 -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. 2015-05804 is consistent with the Low Density Residential land use designation in the Anaheim General Plan and, once the City Council has adopted an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280, with the zoning and development standards contained in Chapter 18.04 of the Code pertaining to single-family detached projects within 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. 2015-05804, 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. 2015-05804 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. - 2 - PC2015-104 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. 17882, 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. 2015-00280, (2) the conditions imposed under CUP No. 2015-05804, 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 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. - 3 - PC2015-104 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. 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. C �- ��Pyz ��L CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: CALDWELL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 141h day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 PC2015-104 EXHIBIT "A" DEV NO. 2015-00057 APN: 129-212-31 129-212-32 a 0 a W HARRIET LN z a 0 0 W BUENA VISTA AVE 280' W LULLABY LN 0 O c+) c� 20' 210' N ° N W CERRITOS AVE 50' W MELLS LN ©U® Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2015-104 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO FINAL AIAPAPPROVAL 1 All existing structures shall be demolished. The developer shall obtain Public Works, a demolition permit from the Building Division. Site demolition shall Development Services be per a rough grading permit from Public Works. 2 The project shall dedicate Lots "B", "C", and "D" for roadway, Public Works, public utility purposes, and other public purposes to the City of Development Services Anaheim. 3 The project shall relinquish street access to Cerritos Avenue for Lots Public Works, 1 and 11, except at Private Street "A". Development Services 4 The Project shall dedicate to the City of Anaheim Lot "A" for public Public Works, utility purposes and emergency access. Development Services 5 The area required for pedestrian access ramps in conformance with Public Works, City standards at the intersection of Private Street "A" and Cerritos Development Services Avenue shall be dedicated to the City of Anaheim to the satisfaction of the City Engineer. 6 Prior to final map approval; Tract Map No. 17882 shall be approved, Public Works, in substantial conformance with the Planning Commission resolution for this project. Development Services 7 The developer shall submit a request for street names for the private streets. The street names must be approved by the Planning Division Public Works, and placed on the final map. Development Services 8 The developer shall submit a sewer improvement plan, to the Public Works department for construction of the private sewer system. The Public Works, improvements shall be constructed prior to final building and zoning Development Services inspection. The sanitary sewers for this development shall be privately maintained. 9 Prior and as a condition precedent to the approval by the City of the Final Map for Tract No. 17882 and its recordation with the County Public Works, Recorder, the applicant will be required to execute, in recordable Development Services form, an unsubordinated Declaration of Covenants in such form as may be acceptable to the Planning Director, the City Engineer and City Attorney (or their duly authorized representatives) to ensure that the private on-site common areas and facilities (including, but not limited to, private sewer, private street, and private storm drain - 6 - PC2015-104 - 7 - PC2015-104 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL improvements) and those public improvements that are not accepted by the City for maintenance will be maintained by a Homeowners' Association. The Declaration of Covenants will also ensure compliance with approved Water Quality Management Plan and maintenance of drainage devices, parkway landscaping and irrigation on Cerritos Avenue, the private street name sign and the Private Street. In addition, said Declaration of Covenants shall include a covenant, rule and regulation prohibiting owners of the lots within the subdivision from renting, offering to rent, or advertising for rent the homes located thereon (or any room or rooms or portion thereof) to a person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The Declaration of Covenants shall be recorded concurrently with the final map and shall provide the City with a third party right to enforce the maintenance and repair provisions of the Declaration of Covenants. 10 The legal property owner shall post a security and execute a Public Works, Subdivision Agreement to complete the required public 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. 11 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 12 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. 13 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 - 7 - PC2015-104 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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. 14 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. 15 The property shall be developed substantially in accordance with Planning Department plans and specifications submitted by the applicant to, and approved Planning Services Division by, the City of Anaheim, which plans are on file with the Planning Department. - 8 - PC2015-104