Resolution-PC 2020-022RESOLUTION NO. PC2020-022
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENATIVE PARCEL MAP NO. 2019-149
(DEV2019-00033)
(201 SOUTH WALNUT STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission") did receive a verified petition for the approval of Tentative Parcel
Map No. 2019-149 to establish a 2 -lot single family residential subdivision (referred to herein as
the "Proposed Project") for that certain real property located at 201 South Walnut Street in the
City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, the 0.4 -acre Property is developed with a 2,380 square foot, two-story
single family home and detached two -car garage and is located in the RS -2 (Single -Family
Residential) zone with a General Plan land use designation of Low Density Residential. The single
family home is named as the James P. Fraser House and listed as a "Contributor" to the Anaheim
Five Points Historic District; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 27, 2020 at 5:00 p.m. and notice of said public hearing have 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 the Proposed Project 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
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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of 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
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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 15 — Minor
Land Divisions) which consist of the division of property in urbanized areas zoned for residential,
commercial, or industrial uses into four or fewer parcels. This exemption applies 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. In addition, the parcel
cannot have been part of a division of a larger parcel within the previous two years, and the parcel's
average slope cannot be greater than 20 percent. The proposed project meets all of these
requirements; therefore, pursuant to Section 15315 of the CEQA Guidelines, the Proposed Project
will not cause a significant effect on the environment and is, therefore, categorically exempt from
the provisions of CEQA;
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 requested 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 in the "RS -2" Single -Family Residential Zone in that
the proposed parcel map will create two parcels which are proposed as 7,520 square feet (Parcel
1) and 9,655 square feet (Parcel 2), both of which will exceed the minimum parcel size requirement
for the "RS -2" Single -Family Residential Zone;
2. The site is physically suitable for the type of residential subdivision in that the lot is flat,
partially developed with a single-family home, and is adequate in terms of size to accommodate
the proposed subdivision per the development standards of the "RS -2" Single -Family Residential
Zone;
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 required
to comply with Code requirements and conditions imposed for any future development of the site;
5. That the design of the subdivision, as shown on Tentative Parcel Map No. 2019-149 or
the type of improvements is not likely to cause serious public health problems;
6. That the design of the subdivision, as shown on the Tentative Parcel Map No. 2019-149,
or the type of improvements will not conflict with easements acquired by the public, at large, for
access through or use of property within proposed subdivision; and
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WHEREAS, this 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 Proposed Project files. There is no substantial evidence, nor are there other
facts, that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence and reached these findings are 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 Tentative Parcel Map No. 2019-149 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 the proposed use
of that portion of the Property for which Tentative Parcel Map No. 2019-149 is applicable 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 satisfied 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 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 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 May 27, 2020. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
• ,•, •::• "C P•R
COMMISSIONPLANNING OF
CITY ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 May 27, 2020 by the following vote of the members
thereof:
AYES: COMMISSIONERS: KEYS, MEEKS, MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARMSTRONG, LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 27'h day of May, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEM
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EXHIBIT "a"
DEN' NO. 2019-00033
V.
APN: 036-031-44
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2019-149
(DEV2019-00033)
No.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and
its officials, officers, employees and agents (collectively referred to
"Indemnitees")
Building Department,
individually and collectively as from any and all claims,
actions or proceedings brought against Indemnitees to attack, review,
Planning Services
set aside, void, or annul the decision of the Indemnitees concerning this
Division
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.
2
The following minimum clearances shall be provided around all new
Public Utilities
and existing public water facilities (e.g. water mains, fire hydrants,
service laterals, meters, meter boxed, backflow devices, etc.):
Water Engineering
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
3
No public water main or public water facilities shall be installed in
Public Utilities
private alleys or paseo areas.
Water Engineering
4
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities
meter, Hersey Residential Fire Meter with Translator Register, no
equals.
Water Engineering
PRIOR TO FINAL MAP RECORDATION
5
The legal property owner shall irrevocably offer to dedicate in a signed
Public Works,
need to the City of Anaheim right-of-way along the Cherry Street
Development
frontage, measuring a radial distance of 50 -feet to the center of the
Cherry Street Cul -de -Sac.
Services
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6
An improvement certificate shall be placed on the final map to indicate
that all street improvements along the property frontage (on Cherry
Public Works,
Street or Walnut Street, as applicable) per the latest version of the
Development
Public Works standard details at the time of construction and as
Services
approved by the City Engineer shall be constructed prior to final
building and zoning inspections as directed by City Engineer for future
building or grading site development plans.
7
An improvement certificate shall be placed on the final map to indicate
that all required sewer and/or storm drain improvements per the latest
Public Works,
City requirements and standards at the time of construction and as
Development
approved by the City of Engineer shall be constructed prior to final
Services
building and zoning inspections as directed by City Engineer for future
building or grading site development plans.
8
The final map shall be submitted to the City of Anaheim, Public Works
Development Services Division and to the Orange County Surveyor for
Public Works,
technical correctness review and approval.
Development
Services
9
A Monumentation bond shall be provided in an amount specified in
writing by a Licensed Land Surveyor of Record.
Public Works,
Development
Services
10
The parcel map shall comply with all applicable requirements of the
Anaheim Municipal Code.
Public Works,
Development
Services
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