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Resolution-PC 2016-083RESOLUTION NO. PC2016-083 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 - 1 - PC2016-083 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 declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2016-083 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 - 3 - PC2016-083 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: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-083 EXHIBIT "A" DEV NO. 2016-00054 - 5 - PC2016-083 I I J E CARNIVAL AVE APN: 268-283-41 E MARDI GRAS AVE E CINNAMON PL F- J J Ll. Q a z F- -, O N O Q > E CINNAMON PL � z O Z < CG HT Z Zz E DUTCH AVE 103' 0 0 v � 103' U � LU u z Y Z ti E DUTCH AVE 0 m a a _p F- 0 Z Q Q � J CL 0 H O o so :eo Source: Recorded TraLMaps and/or City GIS. FO Please note the accur- two to five feet. .. j - 5 - PC2016-083 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2016-017 (DEV2016-00054) - 6 - PC2016-083 RESPONSIBLE NO. CONDITIONS OF APPROVAL 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 Public Works Department, Detail 160-A and as approved by the City Engineer shall be constructed Development Services prior to final building and zoning inspections as directed by the City Division Engineer for future building or grading site development plans. 2 The final map shall include the following language referencing an offer to dedicate a public utility easement: Public Utilities Department, Electrical Engineering "Owner hereby irrevocably offers for dedication to the City of Anaheim as Division an easement for public utility purposes: the westerly 5 feet of Parcels 1 and 2 and southerly 5 feet of Parcel 2". 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 Public Works Department, technical review and ensure that all applicable conditions of approval Development Services have been complied with and then shall be filed in the Office of the Division Orange County Recorder. 4 The new lot shall be assigned a new street address by the Building Planning and Building Division. 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 Public Works Department, Building Division. 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 Public Works Department, irrigation per City Standards and as approved by the City Engineer. The Development Services developer shall obtain a Right -of -Way Construction Permit from the Division Public Works, Development Services Division for all work within the Public Right -of -Way. - 6 - PC2016-083 - 7 - PC2016-083 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL 7 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and Building individually and collectively as "Indemnitees") from any and all claims, Department, actions or proceedings brought against Indemnitees to attack, review, set Planning Services Division 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. 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning and Building issuance of the final invoice or prior to the issuance of building permits for Department, this project, whichever occurs first. Failure to pay all charges shall result Planning Services Division in delays in the issuance of required permits or may result in the revocation of the approval of this application. 9 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department. Planning Services Division - 7 - PC2016-083