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Resolution-PC 2017-071RESOLUTION NO. PC2017-071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2017-128 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00048) (645 SOUTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2017-128 to establish a 3 -lot residential subdivision for that certain real property located at 645 South Magnolia 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 a single-family residence and is located in the "T" Transition Zone. Tentative Parcel Map No. 2017-128 is proposed in conjunction with Reclassification No. 2017-00307, which is a request to rezone or reclassify the Property from the "T" Transition Zone to the "RS -3" Single -Family Residential Zone (herein referred to as "Reclassification No. 2017-00307"). 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 3 - lot residential subdivision. Following approval of Tentative Parcel Map No. 2017-128 and as a condition of approval, the applicant will demolish the existing single family residence that currently straddles the proposed lot lines. The applicant has no current plans to develop the parcels established by Tentative Parcel Map No. 2017-128; however, each parcel will be available for future construction of single-family dwellings; and WHEREAS, on October 16, 2017, 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 2017-128 and Reclassification No. 2017-00307 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 - PC2017-071 WHEREAS, the Planning Commission finds and determines that Tentative Parcel Map 2017-128 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, 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 3 -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 -3" Single - Family Residential Zone in that the proposed parcel map will create three lots which exceed the minimum 5,000 square foot lot size for the "RS -3" zone (Lot 1 — 10,603 square feet, Lot 2 — 11,020 square feet, Lot 3 —11,066 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 is of adequate size to subdivide into three parcels that can be developed in accordance with the RS -3 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 single-family residential uses 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. - 2 - PC2017-071 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2017-128, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the " RS -3" Single - Family Residential Zone in accordance with Reclassification No. 2017-00307, (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. -3 - PC2017-071 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 16, 2017. 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. CHAIRPERSON, 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 October 16, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, GILLESPIE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of October, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-071 7 I W:4 DEV NO. 2017-00048 APN: 126-194-17 RANGE AVE W WESTHAVEN DR 202' O O (D O 212' W STONYBROOK DR W Q a_ J 0 Z a Ln ou � W ORANGE AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2017-071 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2017-128 (DEV2017-00048) - 6 - PC2017-071 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL 1 The legal property owner shall dedicate 53 feet from the centerline on Public Works Magnolia Avenue to the City of Anaheim for street, public utilities and other Department, public purposes on the Parcel Map. Development Services Division 2 An Improvement Certificate shall be included on the Parcel Map for construction of required public improvements prior to development of the Public Works parcels. Public improvement plans (streets, sewer, water or storm drain) Department, shall be submitted for improvements along the frontage of Magnolia Avenue. Development Improvements shall conform to the City Standards 160-A, 114-A, and as Services Division approved by the City Engineer. Parkway landscaping and irrigation shall be installed. 3 A covenant shall be recorded on each newly -created parcel limiting the Public Works number of driveways to one per lot, and requiring adequate driveway design Department, for forward travel to and from Magnolia Avenue (no backing onto Magnolia Traffic Engineering Avenue). The covenant shall be reviewed and approved by the Department Division of Public Works, Traffic Engineering Division prior to recordation with the Orange County Recorder. 4 The Subdivider shall provide non-interference letters from utility companies. Public Works Department, Development Services Division 5 The Subdivider shall provide a Monumentation bond. Public Works Department, Development Services Division 6 The final map shall release and relinquish to the City access rights to Public Works Magnolia Avenue except for approved access points at each lot. Department, Development Services Division - 6 - PC2017-071 - 7 - PC2017-071 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL 7 The final map shall be submitted to and approval by the City of Anaheim Public Works Department of Public Works and the Orange County Surveyor for Department, technical review and ensure that all applicable conditions of approval have Development been complied with and then shall be filed in the Office of the Orange Services Division County Recorder. 8 The new lots shall be assigned a new street address by the Building Planning and Division. Building Department, Building Division PRIOR TO RECORDATION OF THE PARCEL MAP 9 All existing structures on the property shall be demolished. The developer Public Works shall obtain a demolition permit from the Building Division. Department, Development Services Division GENERAL 10 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and individually and collectively as "Indemnitees") from any and all claims, Building Department, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this permit Division or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the Planning and final invoice or prior to the issuance of building permits for this project, Building Department, whichever occurs first. Failure to pay all charges shall result in delays in Planning Services the issuance of required permits or may result in the revocation of the Division approval of this application. 12 The property shall be developed substantially in accordance with plans and Planning and specifications submitted to the City of Anaheim by the applicant and Building Department, which plans are on file with the Planning Department. Planning Services Division - 7 - PC2017-071