Resolution-PC 2018-009RESOLUTION NO. PC2018-009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
SPECIMEN TREE REMOVAL PERMIT NO. 2017-00006
AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2017-00095)
(373 AND 375 SOUTH SILVERBROOK DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning
Commission") did receive a verified petition to approve Specimen Tree Removal Permit No. 2017-
00006 for the six Specimen Trees that were removed prior to obtaining an approval by the City
(herein referred to collectively as the "Proposed Project") at 373 and 375 South Silverbrook Drive
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 approximately 0.82 -acres in size in total, developed with
two single family homes located on each parcel at 373 and 375 South Silverbrook Drive. The
Land Use Element of the Anaheim General Plan designates the Property for Low Density
Residential land uses. The Property is located within the Scenic Corridor Overlay and is zoned
"RH-3" Hillside Single -Family Residential. Therefore, the Premises is subject to the zoning and
development standards described in Chapter 18.04 (Single -Family Residential Zones) and 18.18
(Scenic Corridor (SC) Overlay Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 21, 2018 at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Specimen Tree
Removal Permit No. 2017-00006 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 (Title 14 of the California Code of Regulations; 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 effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 4, Minor
Alterations to Land) which consist of minor public or private alterations in the condition of land,
water, and/or vegetation, and that, therefore, pursuant to Section 15304 (b) 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; and
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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 pertaining to the request for Specimen Tree Removal Permit No. 2017-00006, as a
prerequisite to granting any permit to destroy any specimen tree, does find and determine that the
character of the immediate neighborhood in respect to treescape is not materially affected by the
removal since as the removed trees were taken from areas that consisted of numerous trees, of
many still remains intact. In addition, thirty one (3 1) new trees were planted in the immediate
area; and
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 Specimen Tree Removal Permit No. 2017-00006, contingent upon and subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to approval of the Proposed
Project under Specimen Tree Removal Permit No. 2017-00006 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 maybe 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, (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 any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of February 21, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pert . ing to appeal procedures and may be replaced
by a City Council Resolution in the event of ea'
.
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 February 21, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, KEYS, LIEBERMAN
NOES: COMMISSIONERS: CARBAJAL, GILLESPIE, WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 sc day of February, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 363-232-04
363-232-05
EXHIBIT "A"
DEV NO. 2017-00095
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avo Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
SPECIMEN TREE REMOVAL PERMIT NO. 2017-00006
(DEV2017-00095)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
The Applicant is responsible for paying all charges related to the processing
Planning and
of this discretionary case application within 30 days of the issuance of the
Building Department,
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
Planning Services
issuance of required permits or may result in the revocation of the approval
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of this application.
2
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and
officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
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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.
3
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department and as conditioned herein.
Planning Services
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