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PC 2016/09/19 City of Anaheim Planning Commission Agenda Monday, September 19, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairman: Mitchell Caldwell  Chairman Pro-Tempore: Paul Bostwick  Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Consent Calendar  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, September 15, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 09-19-2016 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 09-19-2016 Page 3 of 6 Consent Calendar There will be no separate discussion on the item prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request that the item be discussed. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2015-05848 VARIANCE NO. 2016-05065 (DEV2015-00134) Location: 401 West Lincoln Avenue Request: For a six-month compliance review of a conditional use permit and variance for the expansion of the Real Barber’s College into an adjacent office building and to allow fewer parking spaces than required by the Zoning Code. Motion Project Planner: Wayne Carvalho wcarvalho@anaheim.net 09-19-2016 Page 4 of 6 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2016-00295 TENTATIVE PARCEL MAP NO. 2016-130 (DEV2016-00048) Location: 807 and 807½ South Dale Avenue Request: The following land use entitlements are being requested: (1) to reclassify the property from the T (Transition) Zone to the RS-2 (Single-Family Residential) Zone; and, (2) a tentative parcel map to subdivide the property into two parcels. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) and 15* (Minor Land Divisions) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net * Subsequent to advertisement, a Class 15 Categorical Exemption was added to the request. ITEM NO. 3 RECLASSIFICATION NO. 2016-00290 TENTATIVE PARCEL MAP NO. 2016-102 (DEV2016-00012) Location: 729 North East Street and 719 North East Street Request: The following land use entitlements are being requested: (1) reclassification of the subject properties from the RM-3 (Multiple Family Residential) zone to the RS-2 (Single Family Residential) zone; and, (2) a tentative parcel map to subdivide the 719 North East Street property into two parcels. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3* (New Construction or Conversion of Small Structures) and 15 (Minor Land Divisions) Categorical Exemption. * Subsequent to advertisement, a Class 3 Categorical Exemption was added to the request. Resolution No. ______ Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net 09-19-2016 Page 5 of 6 ITEM NO. 4 RECLASSIFICATION NO. 2016-00298 TENTATIVE PARCEL MAP NO. 2016-017 (DEV2016-00054) Location: 123 North Rio Vista Street Request: The following land use entitlements are being requested: (1) reclassification of the subject property from the T (Transition) zone to the RS-2 (Single Family Residential) zone; and, (2) a tentative parcel map to subdivide the property into two parcels. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3* (New Construction or Conversion of Small Structures) and 15 (Minor Land Divisions) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net * Subsequent to advertisement, a Class 3 Categorical Exemption was added to the request. 09-19-2016 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. September 14, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 19, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05848 AND VARIANCE NO. 2016-05065 LOCATION: 401 West Lincoln Avenue (Real Barber’s College) APPLICANT/PROPERTY OWNER: The applicant is Michael Souza, President and CEO of The Real Barbers, Inc. The property owner is Harbor Lincoln, LLC, represented by Fariba Danesh. REQUEST: The applicant requests a six-month compliance review of a conditional use permit and variance for the expansion of the Real Barber’s College within an existing office complex with fewer on-site parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, receive and file the six-month review of Conditional Use Permit No. 2015- 05848 and Variance No. 2016-05065. BACKGROUND: The 2.1-acre property is developed with three, two-story office buildings totaling 36,598 square feet. The property is located in the “O-L” Low Intensity Office zone. The General Plan designates this property for Mixed-Use land uses. The property is surrounded by a medical office building to the east, the Harbor Lofts mixed use project to the south across Lincoln Avenue, Saint Boniface Catholic Church and a bank across Harbor Boulevard to the west, and an office building and single family homes across Chartres Street to the north. On March 21, 2016, the Planning Commission approved Conditional Use Permit No. 2015-05848 and Variance No. 2016-05065 permitting the expansion of the existing Real Barber’s College into an adjacent office building at 401 West Lincoln Avenue. Condition No. 9 requires a six month review by the Planning Commission as a “Reports and Recommendations” (R&R) item to determine if the expanded school is operating without negatively impacting the adjacent businesses and properties. The six month review was required partially as a result over parking concerns from the neighborhood to the north of the site, and that the review would allow City staff the opportunity to monitor parking impacts related to the college expansion. CONDITIONAL USE PERMIT NO. 2015-05848 & VARIANCE NO. 2016-05065 September 19, 2016 Page 2 of 2 PROPOSAL: Pursuant to the conditions of approval for this conditional use permit, the expansion of the barber’s college is subject to a six-month review to ensure on-going compliance with all conditions of approval and to ensure that the expanded educational institutional use is being operated in a manner that is compatible with the surrounding neighborhood. The review was conducted to monitor parking impacts to the surrounding neighborhood, as well as to review any calls for service received by the Police Department and Code Enforcement Division. Both the Police Department and Code Enforcement Division provided responses for the six month review. A review of Code Enforcement cases and discussion with Code Enforcement staff indicated that no complaints have been received since the approval of the conditional use permit in March. In addition, Code Enforcement conducted an inspection on September 2, 2016 to confirm compliance with all conditions of approval. The inspection concluded that the operator has complied with all conditions. Police Department staff reported that there were three calls for service since the approval, all of which were responses to the college’s silent alarm system. In all cases, the responses were false alarms. The applicant indicated that there were issues with their security system a few months ago and that the problem has since been resolved. Staff contacted the neighbor who submitted a letter of concern to the Planning Commission at the March 21, 2016 public hearing. The neighbor indicated that the neighborhood still experiences the same problems that were discussed at the March 21 hearing. However, she further noted that it appeared the students from the Barber’s College have been parking on-site and not in the surrounding neighborhood, and she was optimistic that they would continue to park there after this six month review period. CONCLUSION: The expansion of the existing Barber’s College has not created a nuisance to existing businesses in the area, nor has it adversely impacted the surrounding neighborhood. Staff has found the operation of the college to be in compliance with the conditions of approval and recommends the Planning Commission receive and file this six month review. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Resolution PC2016-024 (CUP2015-05848 and VAR2016-05065) 2. Approved Site Plan and Floor Plans N H E L E N A S T W C H A R T R E S S T W L I N C O L N A V E N H A R B O R B L V D S H A R B O R B L V D S . E A S T S T W.LINCOL N A V E E. L INC O LN AVE N . E A S T S T N . H A R B O R B L V D W. B R OA D W AY N . A N A H E I M B L V D N . L O A R A S T E . B R O A D W A Y S . A N A H E I M B L V D W. BROADWAY 401 West Lincoln Avenue DEV No. 2015-00134 Subject Property APN: 255-064-17 °0 50 100 Feet Aerial Photo:May 2014 C-G (DMU)ANAHEIM ICE C-GBANK C-GMEDICAL OFFICE O-LOFFICES C-G (DMU)HARBOR LOFTSC-GRETAIL TST. CATHERINE'SMILITARY ACADEMY RM-4ST. CATHERINE'SMILITARY ACADEMY O-LOFFICES R S -3 F O U R P L E X R S -3 D U P L E X R S -3SINGL E F A M I L Y R E S I D E N C E R S -3 T R I P L E X R S -3 F O U R P L E X R S -3SFR R S -3 T R I P L E X R S -3 S I N G L E F A M I L Y R E S I D E N C E N H E L E N A S T W C H A R T R E S S T W L I N C O L N A V E N H A R B O R B L V D S H A R B O R B L V D S . E A S T S T W.LINCOL N A V E E. L INC O LN AVE N . E A S T S T N . H A R B O R B L V D W. B R OA D W AY N . A N A H E I M B L V D N . L O A R A S T E . B R O A D W A Y S . A N A H E I M B L V D W. BROADWAY 401 West Lincoln Avenue DEV No. 2015-00134 Subject Property APN: 255-064-17 °0 50 100 Feet Aerial Photo:May 2014 AT T A C H M E N T NO . 1 BA R B E R S C O L L E G E C O N D I T I O N A L U S E P E R M I T 40 1 W E S T L I C O L N A V E , A N A H E I M , 9 2 8 0 5 AP N 2 5 5 - 0 6 4 - 1 7 SI T E A P P R O X 4 0 , 0 0 0 S F BARBERS COLLEGE CONDITIONAL USE PERMIT 401 WEST LICOLN AVE, ANAHEIM, 92805 APN 255-064-17 SITE APPROX 40,000 SF CUP 1NO NEW CONSTRUCTION PROPOSED VICINITY MAP, NTS ATTACHMENT NO. 2 BA R B E R S C O L L E G E C O N D I T I O N A L U S E P E R M I T 40 1 W E S T L I C O L N A V E , A N A H E I M , 9 2 8 0 5 AP N 2 5 5 - 0 6 4 - 1 7 SI T E A P P R O X 4 0 , 0 0 0 S F CUP 2NO NEW CONSTRUCTION PROPOSED BA R B E R S C O L L E G E C O N D I T I O N A L U S E P E R M I T 40 1 W E S T L I C O L N A V E , A N A H E I M , 9 2 8 0 5 AP N 2 5 5 - 0 6 4 - 1 7 SI T E A P P R O X 4 0 , 0 0 0 S F CUP 3NO NEW CONSTRUCTION PROPOSED 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 19, 2016 SUBJECT: RECLASSIFICATION NO. 2016-00295 AND TENTATIVE PARCEL MAP NO. 2016-130 LOCATION: 807 and 807½ South Dale Avenue APPLICANT/PROPERTY OWNER: The property owner and applicant is Samuel Bustamante and the agent is Thomas Drummond of Thomas Drummond Architect. REQUEST: The applicant requests approval of the following: 1) A Zoning Reclassification of the property from the “T” Transition Zone to the "RS-2" Single-Family Residential Zone; and, 2) A Tentative Parcel Map to establish a 2-lot single family residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) of the State CEQA Guidelines and approving Reclassification No. 2016-00295 and Tentative Parcel Map No. 2016-130. BACKGROUND: This 0.43-acre property is located in the "T" Transition Zone and is developed with one single-family residence and an accessory second unit. The main structure, which fronts onto Dale Avenue, is listed on the Citywide Historical Interest List. Although both structures appear to be from the same era (approximately 1927), the accessory unit has been significantly modified through the years in a manner that has significantly compromised its architectural integrity. The General Plan designates this property for Low Density Residential land uses. The surrounding land uses include single family residential to the north, south, and east, and Dale Junior High School to the west across Dale Avenue. RECLASSIFICATION NO. 2016-00295 AND TENTATIVE PARCEL MAP NO. 2016-130 September 19, 2016 Page 2 of 5 PROPOSAL: The applicant proposes to rezone the subject property from the T zone to the RS-2 zone in order to subdivide the property into two separate parcels. EXISTING ZONING The proposed lot sizes would be 11,089 square feet for Parcel 1 and 7,266 square feet for Parcel 2. The Zoning Code requires a minimum lot size of 7,200 square feet in the RS-2 zone being proposed for the project site. The proposed parcel line separating the two parcels has a “zig-zag” configuration in order for Parcel 1 to retain the existing three car garage and point of entry along Rome Avenue. Currently, both structures share access off of Rome Avenue; however, the applicant proposes to construct a second driveway along Rome Avenue for exclusive use by Parcel 2. The existing dwelling unit and storage shed at 807 ½ South Dale Avenue (Parcel 2) is proposed be demolished prior to recordation of the tentative parcel map. The single family residence at 807 South Dale Avenue, which would be included on Parcel 1, would remain. RECLASSIFICATION NO. 2016-00295 AND TENTATIVE PARCEL MAP NO. 2016-130 September 19, 2016 Page 3 of 5 TENTATIVE PARCEL MAP As previously noted, the house fronting on Dale Avenue is listed on the Citywide Historical Interest List (built in 1927). The accessory structure located at 807 ½ Dale Avenue appears to be from the same era; however, further review of the rear structure proposed for demolition revealed that the structure lacks significant historic integrity due to extensive modifications that have been made to the structure since it was originally constructed. According to the Citywide Historic Preservation Plan, properties listed on the Citywide Historical Interest List require a 60-Day Notice of Intent to Demolish, if that property has been surveyed using a California Department of Parks and Recreation (DPR) Form 523a. The building proposed for demolition on this property has not been surveyed due to its lack of architectural integrity; therefore, a 60-Day Notice is not required prior to its demolition. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: This property is currently located in the “T” Transition zone. A reclassification, or rezoning, to the “RS-2” Single Family Residential zone is being requested in order to subdivide the property into two parcels. The intent of the RS-2 zone is to promote the development of attractive, safe and healthy residential uses, and to promote development that integrates with and minimizes impacts to surrounding land uses. The density of the proposed project is consistent with the City’s General Plan land use designation of Low Density Residential and will be compatible with the surrounding land uses and zoning. The subdivision would result in 7,266 and 11,089 square foot parcels. Both of these parcels would meet the minimum required lot size of 7,200 square feet and lot width of 70 feet in the RS-2 zone. Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. RECLASSIFICATION NO. 2016-00295 AND TENTATIVE PARCEL MAP NO. 2016-130 September 19, 2016 Page 4 of 5 2) That the proposed subdivision of the property, as shown on Tentative Parcel Map No. 2016-130, including their design and improvements, is consistent with the zoning and development standards of the proposed "RS-2" Single-Family Residential Zone being proposed in conjunction with Reclassification No. 2016-00295. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-130, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-130 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-130, 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. The proposed subdivision would create two new lots that would exceed the minimum lot size of 7,200 square feet in the RS-2 zone. The proposed subdivision would also meet the minimum lot width requirement of 70 feet for the RS-2 zone. Future development of a single-family residence replacing the existing second unit residence (to be demolished) would be required to be developed in accordance with the development standards of the RS-2 zone. The proposed lot sizes and lot widths are compatible with the lot sizes and widths of other single family residential properties in the surrounding neighborhood. Therefore, staff recommends approval of the proposed tentative parcel map. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed division of the property into two parcels is within that class of projects (i.e., Class 15 – Minor Land Divisions) which consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. Furthermore, staff recommends that the Planning Commission find that the effects of the proposed demolition of an existing dwelling unit and storage shed on the property and the construction of a new single family dwelling are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single-family residences. Since the proposed reclassification to the RS-2 zone would limit future construction to one single family residence, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. RECLASSIFICATION NO. 2016-00295 AND TENTATIVE PARCEL MAP NO. 2016-130 September 19, 2016 Page 5 of 5 CONCLUSION: The proposed reclassification of the property from the “T” Transition Zone to "RS-2" Single-Family Residential Zone is consistent with the Zoning Code and General Plan. The subdivision is consistent with site development standards for the "RS-2" Single-Family Residential Zone and the uses are consistent with the single-family uses surrounding the property. Therefore, staff recommends approval of the reclassification and tentative parcel map. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft Tentative Parcel Map Resolution 3. Site Plan 4. Tentative Parcel Map Plan 5. Applicant’s Letter of Proposal 6. Photographs TS.F.R. TRELIGIOUS USE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE TDALE JUNIOR HIGH SCHOOL RS-2SINGLEFAMILYRESIDENCE RS-3SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE TSINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE S D A L E A V E W STONYBROOK DR W ROME AVE S B I R C H L E A F D R W KEYS LN W DE VOY DR S Y A N A D R S N E W C A S T L E D R W WILBERTA LN W LYNROSE DR S B I R C H L E A F D R W DE VOY DR W BELLA CT W. BALL RD W. LINCOLN AVE S . D A L E A V E W. ORANGE AVE . CERRITOS AVE W. BROADWAY S . M A G N O L I A A V E S . W E S T E R N A V E S . G I L B E R T S TS. B E A C H B L V D W. LINCOLN AVE W. LINCOLN AVE 807 South Dale Avenue DEV No. 2016-00048 Subject Property APN: 126-242-14 °0 50 100 Feet Aerial Photo:June 2015 S D A L E A V E W STONYBROOK DR W ROME AVE S B I R C H L E A F D R W KEYS LN W DE VOY DR S Y A N A D R S N E W C A S T L E D R W WILBERTA LN W LYNROSE DR S B I R C H L E A F D R W DE VOY DR W BELLA CT W. BALL RD W. LINCOLN AVE S . D A L E A V E W. ORANGE AVE . CERRITOS AVE W. BROADWAY S . M A G N O L I A A V E S . W E S T E R N A V E S . G I L B E R T S TS. B E A C H B L V D W. LINCOLN AVE W. LINCOLN AVE 807 South Dale Avenue DEV No. 2016-00048 Subject Property APN: 126-242-14 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2016-00295 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2016-00048) (807 – 807½ SOUTH DALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 807 - 807½ South Dale Avenue 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") from the “T” Transition Zone to the “RS-2” Single- Family Residential Zone, which reclassification is designated as Reclassification No. 2016- 00295; and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "T" Transition Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, Reclassification No. 2016-00295 is proposed in conjunction with Tentative Parcel Map No. 2016-130 to establish a 2-lot single-family residential subdivision, which will allow the applicant the ability to demolish a storage shed and an existing dwelling unit and to construct thereon a single-family residence (collectively referred to herein as the "Proposed Project"); and WHEREAS, on September 19, 2016, 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 Reclassification No. 2016-00295 and Tentative Parcel Map No. 2016-130 and to investigate and make findings and recommendations in connection therewith; WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 15 – Minor Land Divisions) which consists of the division of property meeting the conditions described in Section 15315 of the CEQA Guidelines; that is, (a) consists of the division of property in urbanized areas 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 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 2 years, and (e) the parcel does - 2 - PC2016-*** not have an average slope greater than 20 percent. The Planning Commission finds and determines that the Property is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA Guidelines, meets the aforementioned conditions, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission also finds and determines that the effects of the proposed demolition of an existing dwelling unit and storage shed on the Property and the construction thereon of a new single family dwelling are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single-family residences. Since the Proposed Project includes the proposed construction of one single-family residence, the Proposed Project 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, does find and determine the following facts: 1. Reclassification of the Property from the "T" Transition Zone to the "RS-2" Single-Family Residential Zone is consistent with the Property’s existing Low Density Residential land use designation in the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent residential properties to the north, east and west which are designated for Low Density Residential land uses and are developed with single-family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community in that surrounding properties include single family residential uses within the “RS-2” Single-Family Residential Zone and the “T” Transition Zone. 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. - 3 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2016-00295 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-2" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016- 00295. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2016-130 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00048) (807 – 807½ SOUTH DALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-130 to establish a 2-lot single family residential subdivision for that certain real property located at 807 – 807 ½ South Dale 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 is located in the "T" Transition Zone. Tentative Parcel Map No. 2016-130 is proposed in conjunction with Reclassification No. 2016-00295, which is a request to rezone or reclassify the Property from the “T” Transition Zone to the "RS-2" Single-Family Residential Zone (herein referred to as "Reclassification No. 2016-00295"). 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 2- lot single family residential subdivision, which will allow the applicant the ability to demolish a storage shed and an existing dwelling unit and to construct thereon a new single-family residence. The development comprising Tentative Parcel Map No. 2016-130 and Reclassification No. 2016-00295 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on September 19, 2016, 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 proposed Tentative Parcel Map 2016-130 and Reclassification No. 2016-00295 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2016-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has found and determined that the Proposed Project 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 to establish a 2-lot single-family residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards contained in the "RS-2" Single-Family Residential Zone in that the proposed parcel map will create 7,266 and 11,089 square foot lots which exceed the minimum lot size for the “RS-2” Single-Family Residential Zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision in that this flat lot is currently developed with a single-family dwelling and an accessory second unit and is of adequate size to subdivide into two parcels of 7,266 and 11,089 square feet that can be developed in accordance with the "RS-2" Single-Family Residential Zone development standards. 3. The design of the subdivision, with the conditions imposed, 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 and no environmental impacts are anticipated as part of the future development of a single-family residential use on this already developed property. 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 and other related Code requirements in that the future demolition, removal of structures, and future development of a single-family residence will be subject to all City code requirements for demolition and construction. 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. - 3 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2016-130, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-2" Single-Family Residential Zone in accordance with Reclassification No. 2016-00295, (2) 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2016-130 (DEV2016-00048) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 The existing structures indicated on the site plan to be demolished shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division 2 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45- feet in width from the centerline of Dale Avenue to the ultimate right-of-way for road, public utilities, and other public purposes. Public Works Department, Development Services Division 3 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved 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. Public Works Department, Development Services Division 4 The developer shall submit off-site improvement plans, obtain a right-of- way construction permit, and post a security bond (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right-of-way of Rome Avenue. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. Public Works Department, Development Services Division 5 Parcel Map No. 2016-130 shall be in substantial conformance with the Planning Commission resolution for this project. Public Works Department, Development Services Division 6 The final parcel map shall be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. Public Works Department, Development Services Division 7 Prior to connection of electrical service, and if required, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities Department, Electrical Engineering Division 8 All required public right-of-way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works Department, Development Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 9 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 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. Planning and Building Department, Planning Services Division 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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. Planning and Building Department, Planning Services Division 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning and Building Department, Planning Services Division A T T A C H M E N T N O . 3 A T T A C H M E N T N O . 4 Bruce Hall Land Surveyor, Inc. 5732 Middlecoff Drive Huntington Beach, Ca. 92649 714 840 4380 phone/fax 714 310 3763 cell bhall@mysecuremail.org April 26, 2016 City of Anaheim Planning Department 200 South Anaheim Blvd. Suite 162 Anaheim, Ca. 92805 Reclassification Justification Letter Re: Tentative Parcel Map No. 2016-130 and Zone Re-classification APN 126-242-14 807 Dale Street, Anaheim, Ca. Hello: I am requesting a zoning re-classification for the above mentioned property so that the owners of the land can subdivide this parcel into two single family residential lots. The existing zone is T and I wish to re-classify it to zone R2. After the zone re-classification the owner wishes to subdivide the property into two parcels. The easterly parcel will have an existing two story occupied dwelling with a three car garage and will remain as is. An existing two story unoccupied structure exists on the westerly parcel and will be demolished to facilitate the construction of a future single family residence once the land is subdivided and this parcel is sold to a new owner. No new construction is anticipated with regards to these endeavors until the land is subdivided and sold. The adjacent parcel to the north of this land is zoned T. It is occupied by a single family residence and a garage and sits on approximately a half acre of land. The parcel on the east side of Dale is a junior high school. Except for these two parcels, every other parcel of land within 1000 feet of our border is a single family residence. The requested zone reclassification is desirable, complementary and compatible to the existing uses in the vicinity of this project. ATTACHMENT NO. 5 The new interior dividing line as shown on the tentative parcel map is positioned in such a manner that the minimum setbacks are met for the existing two story dwelling and garage on the easterly parcel as well as meeting the minimum setback requirements for the future dwelling to be constructed on the westerly parcel. The landscaping areas on both parcels are very much in harmony with the single family lots in the vicinity of this project. Both parcels will access Rome Avenue, which is a sleepy, residential street that accesses the residential properties to and from the west of this project. This street is designed more than adequately to accommodate the traffic that one additional single family dwelling would create. Since the zone re-classification is desirable and compatible to the existing uses in this area, the setbacks and landscaping areas of the site are in harmony with the proposed zoning requirements, and that the traffic considerations are at most minimal, I humbly request that the zone re- classification be approved by the Planning Commission. Thank you, Bruce Hall LS 4743 President PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 1 of 16 east side parcel 1 looking west north face parcel 1 dwelling looking easterly ATTACHMENT NO. 6 PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 2 of 16 north face parcel 2 dwelling to be demolished looking east north pl parcel 1 and 2 looking south PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 3 of 16 north pl parcel 1 looking sely north pl parcel 1 looking west PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 4 of 16 north pl parcel 2 looking south north side parcel 1 looking south PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 5 of 16 north side Rome looking west north side Rome looking west PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 6 of 16 northside rome looking east nw corner parcel 1 dwelling looking easterly PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 7 of 16 nw corner parcel 1 dwelling looking swly south and east face parcel 1 dwelling looking nwly PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 8 of 16 south and east side of parcel 1 dwelling looking nw south face parcel 1 dwelling looking nwly PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 9 of 16 south face parcel 1 dwelling looking north south side parcel 1 looking nely PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 10 of 16 south side parcel 1 looking north south side parcel 1 looking north PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 11 of 16 south side parcel 1 looking westerly south side parcel 2 looking nely PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 12 of 16 south side parcel 2 looking north south side parcel 2 looking nwly PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 13 of 16 southeast corner parcel 1 dwelling looking north sw corner parcel 2 looking nely PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 14 of 16 utilities north side of Rome in middle of project looking north utilities north side of Rome looking easterly PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 15 of 16 west and south face of parcel 2 dwelling to be demolished looking easterly west face parcel 1 dwelling looking south PHOTO EXHIBIT FOR TENTATIVE PARCEL MAP NO. 2016-130 Page 16 of 16 west side Dale looking north west side Dale looking north 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 19, 2016 SUBJECT: RECLASSIFICATION NO. 2016-00290 AND TENTATIVE PARCEL MAP NO. 2016-102 LOCATION: 719 and 729 North East Street APPLICANT/PROPERTY OWNER: The applicant is Alex Sun with Cal Land Engineering, Inc. and the property owner is Zhanbin Jiang. REQUEST: The following land use entitlements are being requested: 1) A Reclassification, or rezoning, of two separate properties from the “RM-3” Multiple Family Residential zone to the “RS-2” Single Family Residential zone. 2) A Tentative Parcel Map to subdivide the 719 North East Street property into two single family residential lots. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) of the State CEQA Guidelines, and approving Reclassification No. 2016-00290, and Tentative Parcel Map No. 2016-102. BACKGROUND: The subject properties are located in the “RM-3” Multiple family Residential zone and currently consist of a 0.5-acre lot (719 North East Street) and a 0.2- acre lot (729 North East Street), both of which are occupied by single family homes and accessory structures. The General Plan designates the properties for Low Density Residential land uses. The existing RM-3 zoning designation is inconsistent with the current Low Density Residential General Plan land use designation. The property is surrounded by single family homes on all four sides. RECLASSIFICATION NO. 2016-00290 AND TENTATIVE PARCEL MAP NO. 2016-102 September 19, 2016 Page 2 of 5 PROPOSAL: The applicant proposes to rezone the property at 719 North East Street from the RM-3 zone to the RS-2 zone in order to subdivide the half-acre lot to allow for two detached single family homes. The abutting lot to the north at 729 North East Street is also zoned RM-3, and without a reclassification would remain as the only lot with a RM-3 designation in the area. In order to maintain consistency with the Low Density Residential General Plan designation and to avoid a spot zoning condition, staff has included this lot in the overall reclassification request. Section 18.76.030 of the Zoning Code specifies that the Planning Director may initiate a Reclassification request. The property at 729 North East Street is currently occupied with a single family residence and two car attached garage. EXISTING ZONING The applicant proposes to subdivide the existing lot at 719 North East Street into two lots. The proposed lot sizes would be 9,100 square feet for Parcel 1 and 12,773 square feet for Parcel 2. The Zoning Code requires a minimum lot size of 7,200 square feet in the RS-2 zoning being proposed for the project site. The applicant proposes to demolish the existing garage that would straddle the proposed lot line and construct a new 2-car garage toward the rear of the lot in conformance with RS-2 zoning standards. Access to the new garage would be provided via an existing driveway on the north side of the lot. The new garage is required to be constructed as a condition of the tentative parcel map. No improvements or modifications to the other structures on the property are proposed. RECLASSIFICATION NO. 2016-00290 AND TENTATIVE PARCEL MAP NO. 2016-102 September 19, 2016 Page 3 of 5 The house on the 719 North East Street property is listed a Contributor to the Anaheim Colony Historic District (“Contributor”). However, staff determined that the Contributor classification only applies to the main residential building (built in 1923) which would not be altered as a result of this subdivision map. The rear structure (garage) proposed for demolition lacks significant historic integrity and is not classified as a Contributor. No historically classified properties would be affected by the proposed subdivision. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: Both properties are currently located in the “RM-3” Multiple Family Residential zone. A reclassification, or rezoning, to the “RS-2” Single Family Residential zone is being requested in order to allow a two lot subdivision for the future development of two detached single-family homes. The RS-2 zoning requires a minimum lot size of 7,200 square feet and a minimum lot width of 70 feet. The proposed two lot subdivision would result in a 9,100 square foot lot and a 12,773 square foot lot, with 70 foot and 98 foot frontages respectively, in conformance with the Code. The intent of the RS-2 zone is to promote the development of attractive, safe and healthy residential uses, and to promote development that integrates with and minimizes impacts to surrounding land uses. The density of the proposed project is consistent with the City’s General Plan land use designation of Low Density Residential and will be compatible with the surrounding land uses and zoning. The proposed reclassification supports several General Plan goals intended to (i) provide a variety of quality housing opportunities to address the City’s diverse housing needs and (ii) facilitate new residential development on underutilized infill parcels. Therefore, staff recommends approval of the reclassification request. Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2) That the proposed subdivision of the Property, as shown on Tentative Parcel Map No. 2016-102, including their design and improvements, is consistent with the zoning and development standards of the proposed "RS-2" Single-Family Residential Zone being proposed in conjunction with Reclassification No. 2016-00290. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-102, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. RECLASSIFICATION NO. 2016-00290 AND TENTATIVE PARCEL MAP NO. 2016-102 September 19, 2016 Page 4 of 5 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-102, or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-102, 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. A tentative parcel map is required to subdivide the existing lot into two lots. The proposed subdivision would create two new lots that would exceed the minimum lot size of 7,200 square feet in the RS-2 zone. The proposed subdivision would also meet the minimum lot width requirement of 70 feet for the RS-2 zone. A future proposal for a single-family residence on the newly-created lot would be required to be developed in accordance with the development standards of the RS-2 zone. The proposed lot sizes and lot widths are compatible with the lot sizes and widths of other single family residential properties in the vicinity. Therefore, staff recommends approval of the proposed tentative parcel map. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 15 – Minor Land Divisions) which consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. Furthermore, staff recommends that the Planning Commission find that the effects of the proposed demolition of an existing garage structure on the property and the construction of a new garage are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single-family residences. Since the proposed reclassification to the RS-2 zone would limit future construction to one single family residence, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. RECLASSIFICATION NO. 2016-00290 AND TENTATIVE PARCEL MAP NO. 2016-102 September 19, 2016 Page 5 of 5 CONCLUSION: The proposed reclassification of the properties from the “RM-3” Multiple Family Residential Zone to "RS-2" Single-Family Residential Zone is consistent with the Zoning Code and General Plan. The proposed subdivision is consistent with site development standards for the "RS-2" Single-Family Residential Zone and the uses are compatible with the single-family uses surrounding the property. Therefore, staff recommends approval of the reclassification and tentative parcel map. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft Tentative Parcel Map Resolution 3. Applicant’s Letter of Request 4. Tentative Parcel Map 5. Site Photographs RM-3S.F.R. RS-2SINGLEFAMILYRESIDENCE RM-4APTS9 DU RM-3FOURPLEX C-GSERVICESTATION RS-2RETAIL RS-2DAY CARE RM-4APARTMENTS18 DU RM-4APARTMENTS15 DURM-4APARTMENTS48 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RM-2APARTMENTS18 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2SINGLEFAMILYRESIDENCERS-2SINGLEFAMILYRESIDENCERS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCERS-2STANFORDHOME #2 RS-2S.F.R. RM-4APARTMENTS7 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2S.F.R. RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T E N O R T H S T N V I N E S T E W I L H E L M I N A S T E E A S T W O O D D R N E L M W O O D S T N J U N I P E R P L E G L E N W O O D A V E E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I NC O LN A V E N . H A R B O R B L V D N . A C A C I A S T W.L IN C O L N A V E E . B R OA D W AY S . E A S T S T W.LAPALMA AVE E.SOUTHST N .P L A C E N T I A A V E W .B R O A D W A YE . B R O A D W A Y 719 - 729 North East Street DEV No. 2016-00012 Subject Property APN: 035-203-54035-203-29 °0 50 100 Feet Aerial Photo:June 2015 RM-3S.F.R. RS-2SINGLEFAMILYRESIDENCE RM-4APTS9 DU RM-3FOURPLEX C-GSERVICESTATION RS-2RETAIL RS-2DAY CARE RM-4APARTMENTS18 DU RM-4APARTMENTS15 DURM-4APARTMENTS48 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RM-2APARTMENTS18 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2SINGLEFAMILYRESIDENCERS-2SINGLEFAMILYRESIDENCERS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCERS-2STANFORDHOME #2 RS-2S.F.R. RM-4APARTMENTS7 DU RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2S.F.R. RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T E N O R T H S T N V I N E S T E W I L H E L M I N A S T E E A S T W O O D D R N E L M W O O D S T N J U N I P E R P L E G L E N W O O D A V E E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I N C O L N A V E N . H A R B O R B L V D N . A C A C I A S T W.L IN C O L N A V E E. BR O A DW A Y S . E A S T S T W.LAPALMA AVE E.SOUTHST N .P L A C E N T I A A V E E . B R O A D W AY 719 - 729 North East Street DEV No. 2016-00012 Subject Property APN: 035-203-54035-203-29 °0 50 100 Feet Aerial Photo:June 2015 N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T E N O R T H S T N V I N E S T E W I L H E L M I N A S T E E A S T W O O D D R N E L M W O O D S T N J U N I P E R P L E G L E N W O O D A V E E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I NC O LN A V E N . H A R B O R B L V D N . A C A C I A S T W.L IN C O L N A V E E . B R OA D W AY S . E A S T S T W.LAPALMA AVE E.SOUTHST N .P L A C E N T I A A V E W .B R O A D W A YE . B R O A D W A Y 719 - 729 North East Street DEV No. 2016-00012 Subject Property APN: 035-203-54035-203-29 °0 50 100 Feet Aerial Photo:June 2015 N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T E N O R T H S T N V I N E S T E W I L H E L M I N A S T E E A S T W O O D D R N E L M W O O D S T N J U N I P E R P L E G L E N W O O D A V E E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I N C O L N A V E N . H A R B O R B L V D N . A C A C I A S T W.L IN C O L N A V E E. BR O A DW A Y S . E A S T S T W.LAPALMA AVE E.SOUTHST N .P L A C E N T I A A V E E . B R O A D W AY 719 - 729 North East Street DEV No. 2016-00012 Subject Property APN: 035-203-54035-203-29 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2016-00290 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2016-00012) (719 AND 729 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 719 and 729 North East 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 (collectively referred to herein as the "Properties") from the "RM-3" Multiple-Family Residential Zone to the “RS-2” Single-Family Residential Zone, which reclassification is designated as Reclassification No. 2016-00290; and WHEREAS, the Properties are currently developed with two single-family residences and accessory structures and are located in the "RM-3" Multiple-Family Residential Zone. The Anaheim General Plan designates the Properties for Low Density Residential land uses; and WHEREAS, Reclassification No. 2016-00290 is proposed in conjunction with Tentative Parcel Map No. 2016-102. Tentative Parcel Map No. 2016-102 would establish a 2-lot residential subdivision on that portion of the Properties commonly known as 719 North East Street. A single-family residential dwelling unit will remain on one of the two parcels to be established by Tentative Parcel Map No. 2016-102. Following approval of Tentative Parcel Map No. 2016-102 and as a condition of approval, the applicant will demolish an existing garage that currently straddles the proposed new lot line and will construct a new 2-car garage toward the rear of the lot in accordance with the development standards of the “RS-2” Single-Family Residential Zone. The second of the two parcels to be established by Tentative Parcel Map No. 2016-102 will be available for construction of a single-family residence. Reclassification No. 2016-00290 and Tentative Parcel Map No. 2016-102, the demolition of an existing garage and construction of a new garage, and the potential construction of a new single-family residence shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on September 19, 2016, 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 Reclassification No. 2016-00290 and Tentative Parcel Map No. 2016-102 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of - 2 - PC2016-*** environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 15 – Minor Land Divisions) which consists of the division of property meeting the conditions described in Section 15315 of the CEQA Guidelines; that is, (a) consists of the division of property in urbanized areas 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 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 2 years, and (e) the parcel does not have an average slope greater than 20 percent. The Planning Commission finds and determines that the Property is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA Guidelines, and meets the aforementioned conditions and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission also finds and determines that the effects of the proposed demolition of an existing garage and construction of a new garage and the potential construction of a new single-family residence are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single-family residences and accessory structures such as garages. Since the Proposed Project includes the demolition of an existing garage and construction of a new garage and the potential construction of a new single-family residence, the Proposed Project 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, does find and determine the following facts: 1. Reclassification of the Properties from the "RM-3" Multiple-Family Residential Zone to the "RS-2" Single-Family Residential Zone is consistent with the Properties’ existing Low Density Residential land use designation in the General Plan. 2. The proposed reclassification of the Properties are necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north, south, east and west which are designated for Low Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Properties does properly relate to the zone and its permitted uses locally established in close proximity to the Properties and to the zones and their permitted uses generally established throughout the community in that surrounding properties include single family residential uses within the “RS-2” Single-Family Residential Zone. - 3 - PC2016-*** 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, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2016-00290 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Properties into the "RS-2" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Properties in accordance with Reclassification No. 2016-00290. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Properties; any such 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2016-102 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00012) (719 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-102 to establish a 2-lot residential subdivision for that certain real property located at 719 North East Street, 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 a single-family residence and accessory structures and is located in the "RM-3" Multiple Family Residential Zone. Tentative Parcel Map No. 2016-102 is proposed in conjunction with Reclassification No. 2016- 00290, which is a request to rezone or reclassify the Property and the adjacent parcel commonly known as 729 North East Street from the "RM-3" Multiple Family Residential Zone to the "RS- 2" Single-Family Residential Zone (herein referred to as "Reclassification No. 2016-00290"). The Anaheim General Plan designates this Property and the adjacent parcel commonly known as 729 North East Street for Low Density Residential land uses; and WHEREAS, the applicant requests a tentative parcel map in order to establish a 2- lot residential subdivision on the Property. A single-family residential dwelling unit will remain on one of the two parcels to be established by Tentative Parcel Map No. 2016-102. Following approval of Tentative Parcel Map No. 2016-102 and as a condition of approval, the applicant will demolish an existing garage that currently straddles the proposed new lot line and will construct a new 2-car garage toward the rear of the lot in accordance with the development standards of the “RS-2” Single-Family Residential Zone. The applicant has no current plans to construct a single-family residential dwelling unit on the second of the two parcels to be established by Tentative Parcel Map No. 2016-102; and WHEREAS, on September 19, 2016, 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 proposed Tentative Parcel Map 2016-102 and Reclassification No. 2016-00290 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and - 2 - PC2016-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has found and determined that the Proposed Project 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 to establish a 2-lot residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards contained in the "RS-2" Single-Family Residential Zone in that the proposed parcel map will create two lots which exceed the minimum 7,200 square foot lot size for the “RS-2” zone (Lot 1 - 9,100 square feet, Lot 2- 12,773 square feet). The proposed lots are consistent with the proposed zoning and the existing General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed residential subdivision in that this flat lot is currently developed with a single family dwelling and accessory structures including detached garages and is of adequate size to subdivide into two conforming parcels that can be developed in accordance with the RS-2 zone development standards. 3. The design of the subdivision, with the conditions imposed, 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 in that no environmental impacts are anticipated as part of the future development of a single-family residential use on this already developed property. 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 and other related Code requirements in that the future demolition, removal of structures, and future development of a single family residence will be subject to all City code requirements for demolition and construction. 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 in that the parcel map is conditioned to be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. - 3 - PC2016-*** 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 Parcel Map No. 2016-102, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-2" Single-Family Residential Zone in accordance with Reclassification No. 2016-00290, (2) 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. - 4 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. 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. 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2016-102 (DEV2016-00012) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45-feet in width from the centerline of East Street to the ultimate right-of-way for road, public utilities, and other public purposes. Public Works Department, Development Services Division 2 An improvement certificate shall be placed on the final map to indicate that all street improvements along East Street per Public Works Standard Detail 160-A shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future new development. Public Works Department, Development Services Division 3 The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be filed in the Office of the Orange County Recorder. Public Works Department, Development Services Division 4 The final map shall depict a 10-foot wide public utilities easement along the west property line of both lots. The map shall reference the dedication of the easement to the City of Anaheim. Public Utilities Department, Electrical Engineering Division 5 The new lot shall be assigned a new street address by the Building Division. Planning and Building Department, Building Division PRIOR TO RECORDATION OF THE PARCEL MAP 6 The existing structures indicated on the site plan to be demolished shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division WITHIN 90 DAYS AFTER PARCEL MAP RECORDATION 7 The property owner shall apply for and obtain an encroachment license for the existing block walls and private improvements located within the East Street ultimate right-of-way easement. Public Works Department, Development Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 8 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 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. Planning and Building Department, Planning Services Division 9 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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. Planning and Building Department, Planning Services Division 10 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning and Building Department, Planning Services Division ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 PHOTO EXHIBITS – 719 N. East Street ATTACHMENT NO. 5 East Street (looking south) Looking easterly across East St. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 19, 2016 SUBJECT: RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 LOCATION: 123 North Rio Vista Street APPLICANT/PROPERTY OWNER: The property owner and applicant is Taylor Grove, LLC, represented by Pablo Villanueva. REQUEST: The following land use entitlements are being requested: 1) A Reclassification, or rezoning, of the subject property from the “T” Transition Zone to the “RS-2” Single Family Residential Zone. 2) A Tentative Parcel Map to subdivide one parcel into two single family residential lots. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) of the State CEQA Guidelines, and approving Reclassification No. 2016-00298 and Tentative Parcel Map No. 2016-017. BACKGROUND: The 0.33-acre-property is located in the “T” Transition Zone and is designated for Low Density Residential uses by the General Plan. The site is currently occupied with a one-story single family residence and a detached two-car garage. As further described below, the residence, which would be retained, is listed on the Citywide Historical Interest List. The property is surrounded by single family homes on all four sides. RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 September 19, 2016 Page 2 of 6 PROPOSAL: The applicant proposes to rezone the existing 14,473 square foot lot from the “T” Transition Zone to the “RS-2” Single Family Residential Zone for the purpose of creating a two lot subdivision. The applicant intends to build a new residence on one of the created lots (Parcel 2). The applicant proposes to demolish the existing garage that currently straddles the proposed lot line and construct a new 2-car garage toward the rear of the lot (Parcel 1) which would service the existing residence. Access to the new garage would be provided via an existing driveway on the south side of the lot. The new garage is required to be constructed as a condition of the tentative parcel map. EXISTING ZONING RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 September 19, 2016 Page 3 of 6 TENTATIVE PARCEL MAP The applicant proposes to subdivide the existing lot into two lots. The proposed lot sizes would be 7,236 square feet for Parcel 1 and 7,210 square feet for Parcel 2. The Zoning Code requires a minimum lot size of 7,200 square feet in the RS-2 zone designation being proposed for the project site. The existing house, which would be located on Parcel 1, is listed on the Citywide Historical Interest List. The house was built in 1924 and, according to the City’s Historical Preservation staff, may be one of Anaheim’s original citrus grove houses. No improvements or modifications to the main house are proposed. The detached garage in the rear of the site, which is proposed for demolition, appears to be visible in historic aerial photos dating back to at least 1946; however, its exact construction date is unknown. The Citywide Historic Preservation Plan specifies that the demolition of any structures listed on the Citywide Historical Interest List requires a 60-Day Notice of Intent to Demolish, only if those structures have been surveyed using a California Department of Parks and Recreation (DPR) Form 523a. The garage proposed for demolition on this property has not been surveyed or included in a survey of the property, and therefore does not require a 60-Day Notice. RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 September 19, 2016 Page 4 of 6 FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: This property is currently located in the “T” Transition Zone. A reclassification, or rezoning, to the “RS-2” Single Family Residential Zone is being requested in order to allow a two-lot subdivision for single-family residential development. The RS-2 zoning requires a minimum lot size of 7,200 square feet and a minimum lot width of 70 feet. The proposed subdivision would result in two, 70-foot wide lots with lot areas of 7,236 and 7,210 square feet in conformance with Code requirements. The intent of the RS-2 zone is to promote the development of attractive, safe and healthy residential uses, and to promote development that integrates with and minimizes impacts to surrounding land uses. The density of the proposed project is consistent with the City’s General Plan land use designation of Low Density Residential and would be compatible with the surrounding land uses and zoning. The proposed reclassification supports several General Plan goals intended to (i) provide a variety of quality housing opportunities to address the City’s diverse housing needs and (ii) facilitate new residential development on underutilized infill parcels; therefore, staff recommends approval of the reclassification request. Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2) That the proposed subdivision of the Property, as shown on Tentative Parcel Map No. 2016-017, including its design and improvements, is consistent with the zoning and development standards of the proposed "RS-2" Single-Family Residential Zone being proposed in conjunction with Reclassification No. 2016-00298. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-017, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-017 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2016-017, 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. RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 September 19, 2016 Page 5 of 6 A tentative parcel map is required to subdivide the existing lot into two lots. The proposed subdivision would create two new lots that would exceed the minimum lot size of 7,200 square feet in the RS-2 zone. The proposed subdivision would also meet the minimum lot width requirement of 70 feet for the RS-2 zone. A future proposal for a single-family residence on the newly-created lot would be required to be developed in accordance with the development standards of the RS-2 zone. The proposed lot sizes and lot widths are compatible with the lot sizes and widths of other single family residential properties on Rio Vista Street. Therefore, staff recommends approval of the proposed tentative parcel map. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 15 – Minor Land Divisions) which consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. Furthermore, staff recommends that the Planning Commission find that the effects of the proposed demolition of an existing dwelling unit and storage shed on the property and the construction of a new single family dwelling are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single- family residences. Since the proposed reclassification to the RS-2 zone would limit future construction to one single family residence, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. RECLASSIFICATION NO. 2016-00298 AND TENTATIVE PARCEL MAP NO. 2016-017 September 19, 2016 Page 6 of 6 CONCLUSION: The proposed reclassification of the property from the “T” Transition Zone to "RS-2" Single-Family Residential Zone is consistent with the Zoning Code and General Plan. The proposed subdivision is consistent with site development standards for the "RS-2" Single-Family Residential Zone and would be compatible with the single-family residential uses surrounding the property. Therefore, staff recommends approval of the reclassification and tentative parcel map requests. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft Tentative Parcel Map Resolution 3. Tentative Parcel Map 4. Applicant’s Letter of Request 5. Site Photographs TS.F.R. RS-3SINGLE FAMILY RESIDENCE RM-2CONDOMINIUMS26 DU RS-3SINGLE FAMILY RESIDENCE TRIO VISTAELEMENTARY SCHOOL RS-2SINGLEFAMILYRESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-3SINGLEFAMILYRESIDENCE RS-3SINGLEFAMILYRESIDENCE RS-3SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLE FAMILY RESIDENCE N R I O V I S T A S T S R I O V I S T A S T E DUTCH AVE S B E T H C I R E MARDI GRAS AVE N C A R O U S E L S T S C O N N I E C I R S C A R O U S E L S T S R O Y A L P L N R O Y A L P L N P L A N T A T I O N P L E CARNIVAL AVE E DUTCH AVE E CINNAMON PL E . L A PA L M A A V E E. LINCOLN AVE E. SOUTH ST S . R I O V I S T A S T N .S T A T E C O L L E G E B L V D N . B L U E G U M S T N . S U N K I S T S T 123 North Rio Vista Street DEV No. 2016-00054 Subject Property APN: 268-283-41 °0 50 100 Feet Aerial Photo:June 2015 N R I O V I S T A S T S R I O V I S T A S T E DUTCH AVE S B E T H C I R E MARDI GRAS AVE N C A R O U S E L S T S C O N N I E C I R S C A R O U S E L S T S R O Y A L P L N R O Y A L P L S P L A N T A T I O N P L N P L A N T A T I O N P L E CARNIVAL AVE E DUTCH AVE E CINNAMON PL E CINNAMON PL E . L A PA L M A A V E E. LINCOLN AVE E. SOUTH ST S . R I O V I S T A S T N .S T A T E C O L L E G E B L V D N . B L U E G U M S T N . S U N K I S T S T 123 North Rio Vista Street DEV No. 2016-00054 Subject Property APN: 268-283-41 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2016-00298 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00054) (123 NORTH RIO VISTA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2016-00298, for that certain real property located at 123 North Rio Vista 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 is currently developed with a single-family residence and an accessory structure and is located in the "T" Transition Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the applicant requests to rezone or reclassify the Property from the “T” Transition Zone to the “RS-2” Single-Family Residential Zone; and WHEREAS, Reclassification No. 2016-00298 is proposed in conjunction with Tentative Parcel Map No. 2016-017 to establish a 2-lot residential subdivision with two single- family residences, including the demolition of an existing garage and the construction of a new garage on the parcel to be established by Tentative Parcel Map No. 2016-017 that is currently improved with a single-family residence (collectively referred to herein as the "Proposed Project"); and WHEREAS, on September 19, 2016, 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 Reclassification No. 2016-00298 and Tentative Parcel Map No. 2016-017 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for"projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 15 – Minor Land Divisions) which consists of the division of property meeting the conditions described in Section 15315 of the CEQA Guidelines; that is, (a) consists of the division of property in urbanized areas zoned for - 2 - PC2016-*** 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 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 2 years, and (e) the parcel does not have an average slope greater than 20 percent. The Planning Commission finds and determines that the Property is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA Guidelines and meets the aforementioned conditions and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission also finds and determines that the effects of the proposed demolition of an existing garage and construction of a new garage and the potential construction of a new single-family residence are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of up to three single-family residences and accessory structures such as garages. Since the Proposed Project includes the demolition of an existing garage and construction of a new garage and the potential construction of a new single-family residence, the Proposed Project 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, does find and determine the following facts: 1. Reclassification of the Property from the "T" Transition Zone to the "RS-2" Single-Family Residential Zone is consistent with the Property’s existing Low Density Residential land use designation in the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north, south, east and west which are designated for Low Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community in that surrounding properties include single-family residential uses within the “RS-2” Single-Family Residential Zone and the “RS-3” Single-Family Residential Zone. The development standards of the “RS-3” Single-Family Residential Zone are compatible with residential development within the “RS-2” Single-Family Residential Zone. - 3 - PC2016-*** 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, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2016-00298 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-2" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016- 00298. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2016-017 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00054) (123 NORTH RIO VISTA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-017 to establish a 2-lot residential subdivision for that certain real property located at 123 North Rio Vista Street, 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 a single-family residence and accessory structures and is located in the "T" Transition Zone. Tentative Parcel Map No. 2016-017 is proposed in conjunction with Reclassification No. 2016-00298, which is a request to rezone or reclassify the Property from the "T" Transition Zone to the "RS-2" Single-Family Residential Zone (herein referred to as "Reclassification No. 2016-00298"). 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 2- lot residential subdivision. A single-family residential dwelling unit will remain on one of the two parcels to be established by Tentative Parcel Map No. 2016-017. Following approval of Tentative Parcel Map No. 2016-017 and as a condition of approval, the applicant will demolish an existing garage that currently straddles the proposed new lot line and will construct a new 2- car garage toward the rear of the lot in accordance with the development standards of the “RS-2” Single-Family Residential Zone. The applicant has no current plans to construct a single-family residential dwelling unit on the second of the two parcels to be established by Tentative Parcel Map No. 2016-017; however, that parcel will be available for construction of a single-family residence. Tentative Parcel Map No. 2016-017 and Reclassification No. 2016-00298, the demolition of an existing garage and construction of a new garage, and the potential construction of a new single-family residence shall be referred to herein as the "Proposed Project"; and WHEREAS, on September 19, 2016, 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 proposed Tentative Parcel Map 2016-017 and Reclassification No. 2016-00298 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and - 2 - PC2016-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has found and determined that the Proposed Project 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 to establish a 2-lot residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards contained in the "RS-2" Single-Family Residential Zone in that the proposed parcel map will create two lots which exceed the minimum 7,200 square foot lot size for the “RS-2” zone (Lot 1 - 7,236 square feet, Lot 2- 7,210 square feet). The proposed lots are consistent with the proposed zoning and General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed residential subdivision in that this flat lot is currently developed with a single family dwelling and a detached garage and is of adequate size to subdivide into two parcels that can be developed in accordance with the RS-2 zone development standards. 3. The design of the subdivision, with the conditions imposed, 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 in that no environmental impacts are anticipated as part of the future development of a single-family residential use on this Property. 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 and other related Code requirements in that the future demolition, removal of structures, and future development of a single family residence will be subject to all City code requirements for demolition and construction. 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 in that the parcel map is conditioned to be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. 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 - 3 - PC2016-*** 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 Parcel Map No. 2016-017, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the " RS-2" Single-Family Residential Zone in accordance with Reclassification No. 2016-00298, (2) 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2016. 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** 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 September 19, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2016-017 (DEV2016-00054) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 An improvement certificate shall be placed on the final map to indicate that all street improvements along Rio Vista Street per Public Works Standard Detail 160-A and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works Department, Development Services Division 2 The final map shall include the following language referencing an offer to dedicate a public utility easement: “Owner hereby irrevocably offers for dedication to the City of Anaheim as an easement for public utility purposes: the westerly 5 feet of Parcels 1 and 2 and southerly 5 feet of Parcel 2”. Public Utilities Department, Electrical Engineering Division 3 The final map shall be submitted to and approval by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and ensure that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works Department, Development Services Division 4 The new lot shall be assigned a new street address by the Building Division. Planning and Building Department, Building Division PRIOR TO RECORDATION OF THE PARCEL MAP 5 The existing structures indicated on the site plan to be demolished shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division 6 The existing driveway approach in front of the proposed lot line shall be demolished and replaced with curb, gutter and parkway landscaping and irrigation per City Standards and as approved by the City Engineer. The developer shall obtain a Right-of-Way Construction Permit from the Public Works, Development Services Division for all work within the Public Right-of-Way. Public Works Department, Development Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 7 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 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. Planning and Building Department, Planning Services Division 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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. Planning and Building Department, Planning Services Division 9 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning and Building Department, Planning Services Division ATTACHMENT NO. 3 Justification for Reclassification Date : 7/14/2016 Re: 123 N Rio Vista Ave Anaheim, Ca Attn: Anaheim Planning Department Wayne Carvalho It is our desire to subdivide and re-zone our property located at 123 N Rio vista Ave. This parcel consist of 14,420 sq ft of land and has a small 1024 sq ft home on it. The current zoning is T (Transitional) and we are requesting that it be re-zoned to R-S2. All the surrounding properties in the neighborhood are single family homes and are also zoned R-S2. The proposed subdivision will meet all requirement for the R-S2 zoning including lot size, and minimum lot with and use. Thank you for your help and consideration in this matter. Please feel free to contact me with any further questions or concerns. Pablo Villanueva Managing Member for Taylor Grove, LLc 562-572-3734 ATTACHMENT NO. 4 PHOTO EXHIBITS – 123 N. Rio Vista Street Front elevation of Lot 1 (Looking west) Looking westerly at vacant Lot 2 ATTACHMENT NO. 5 Looking northerly up Rio Vista St. Looking southerly down Rio Vista St. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.