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Resolution-PC 2010-076RESOLUTION NO. PC2010-076 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2010-112 AND VARIANCE NO. 2010-04818 (DEV2010-00081) (370 SOUTH COUNTRY HILL ROAD, 7561, 7571, & 7581 COUNTRY HILL LANE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as Planning Commission") did receive a verified Petition for a Tentative Parcel Map to subdivide subject property into a four lot residential subdivision with lots having less net area than allowed by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the subject property is currently developed with a single-family residence, and is located in the Single Family Hillside (RH-2) Residential) SC (Scenic Corridor) Zone. The Anaheim General Plan designates this property for Estate Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 30, 2010, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative parcel map and to investigate and make findings and recommendations in connection therewith; 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. That the proposed subdivision, including its design and existing improvements, is consistent with the Anaheim General Plan and the development standards contained in the RH-2 Scenic Corridor Overlay zone. 2. That the site is physically suitable for the type and density of the proposed residential subdivision. 3. That the existing layout of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant and no sensitive environmental habitat has been identified. 4. That the design of the subdivision and existing improvements are not likely to cause serious public health problems, as the site is currently developed with a single family residence and no construction is proposed in association with this subdivision request. 1 PC2010-076 5. That the existing design of the subdivision and existing 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 does further find and determine that the request for a variance for lots having less net area than allowed by Code should be approved for the following reasons: 1. The applicant requests a variance from the following Code Section to provide less net lot area than required by Code: (a) SECTION NO. 18.04.040.010 (Table 4-D) Minimum Lot Area 19,000 square feet (excluding lot area set aside for public and private streets or vehicular access easements) required; 15,196, 16,436 and 17,708 square feet proposed. 2. The variance pertaining to the minimum net lot area is hereby approved because strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because this property has a 40 foot wide easement that traverses the southern edge of all four properties and the eastern edge of Parcel No. 4. This uncharacteristically large easement area significantly impacts the development potential of these properties. WHEREAS, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Tentative Parcel Map 2010-112 and Variance No. 2010-04818 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. 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. 2 PC2010-076 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 30, 2010 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 iyen, . appeal. 4111.,(1 CHAIRMAN, AN IM CITY PLANNING COMMISSION ATTEST: SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION STAlE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 30, 2010 by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 30' clay of August, 2010. SENIOR iCRET ANAHEIM CITY PLANNING COMMISSION 3 PC2010-076 EXHIBIT "A" DEV2010-00081 APN: 356-121-50 356-121-17 356-121-51 so 100 Source: Recorded Tract Maps andfor City GIS. 111111111111111V■111,,looll,,111111111111111 Feet Please note the accuracy is +1- two to five feet. 11005 4 PC2010-076 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO BUILDING PERMIT 1 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric service requirement and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 2 An improvement certificate shall be included on the Parcel Map that sewer, water and electrical service must be installed and Country Hill Lane (private street) must be constructed in conformance to Public Works Standard Detail No. 163. Public Works, Traffic Engineering 3 Submit a conformed copy or a copy of agreements to record easement deeds to provide private ingress/egress, drainage and maintenance of the private street. Public Works, Development Services 4 The final map shall be submitted to the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and verified that all applicable conditions of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. ,. Works Public w orKs, Development Services PRIOR TO CONSTRUCTION 5 All requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 6 Prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and Water Engineering EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2010-112 (DEV2010-00081) 5 PC2010-076 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 7 The developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Water Engineering 8 Prior to connection of electrical service, 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, Electrical Engineering 9 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering GENERAL 10 That ongoing and during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map), and as conditioned herein. Planning 6 PC2010-076