Resolution-PC 2013-086RESOLUTION NO. PC2013 -086
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO. 17618 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00071)
(801 -817 SOUTH ANAHEIM BOULEVARD AND 120 WEST SOUTH STREET)
WHEREAS, the Planning Commission did receive a verified Petition for the
approval of Tentative Tract Map No. 17618 and Variance No. 2013 -04938 to permit a 42 lot
subdivision for a proposed mixed -use development (herein referred to as the "Proposed Project ")
on that certain real property located at 801 -817 South Anaheim Boulevard and 120 West South
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 Property, consisting of approximately 1.79- acres, is developed
with an automobile sales and repair facility. The Anaheim General Plan designates the Property
for Mixed Use land uses. The Property is located within the C -G (SABC- Neighborhood
Commercial District) (General Commercial, South Anaheim Boulevard Corridor Overlay -
Neighborhood Commercial District). As such, the Property is subject to the zoning and
development standards described in Chapter 18.24 of the Anaheim Municipal Code (the
"Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 2, 2013, 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 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider
evidence for and against the Proposed Project concurrently with proposed Variance No. 2013-
04938 to investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is categorically exempt from the
requirement for the preparation of environmental documents under CEQA pursuant to Section
15332 of Title 14 of the California Code of Regulations (Class 32 — In -Fill Development
Projects) and Section 15183.3 (Streamlining for Infill Projects) of Title 14 of the California Code
of Regulations, involving the construction of a 42 -unit condominium complex, including 10
live /work units, with fewer parking spaces and smaller structural setbacks than required by the
Code; 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 pertaining to the request to permit a 42 -lot residential subdivision, does
find and determine the following facts:
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1. That the Proposed Tentative Tract Map No. 17618, including its design and
improvements, is consistent with the Mixed Use land use designation in the Anaheim General
Plan and, more specifically, the C -G (SABC- Neighborhood Commercial District) (General
Commercial, South Anaheim Boulevard Corridor Overlay - Neighborhood Commercial District)
Zone and the zoning and development standards contained in Chapter 18.24 of the Code
pertaining to mixed -use projects within the South Anaheim Boulevard Corridor Overlay Zone.
2. That the site is physically suitable for the type and density of the Proposed
Project.
3. That the design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
5. That 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.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Tentative Tract Map No. 17618, subject to and contingent upon the approval of
Variance No. 2013 - 04938, now pending, and upon satisfaction of 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 said 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 2, 2013. Said Resolution is subject to the appeal provisions set forth in
Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
Ku l
CHAIR, ANAHEIM CITY PL 1NG COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 2, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of
December, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00071
APN: 037 - 071 -13
037 - 071 -30
037 - 071 -31
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-4- PC2013 -086
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17618
(DEV2013- 00071)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
1
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnities ") from
Planning
any and all claims, actions or proceedings brought against
Services
Indemnities to attack, review, set aside, void, or annul the
Division
decision of the Indemnities 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
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
2
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
Department,
of the issuance of the final invoice or prior to the issuance of
Planning
building permits for this project, whichever occurs first. Failure
Services
to pay all charges shall result in delays in the issuance of required
Division
permits or may result in the revocation of the approval of this
application.
3
The premises shall be developed substantially in accordance with
Planning
plans and specifications submitted to and reviewed and approved
Department,
by the City of Anaheim, which plans are on file with the
Planning
Planning Department marked as Exhibit Nos. 25 -27.
Services
Division
PRIOR TO FINAL MAP APPROVAL
4
Street, landscaping and irrigation improvement plan shall be
Public Works
submitted for improvements along the frontage of South Street,
Department,
MacArthur Manor and Anaheim Boulevard. Improvements shall
Development
conform Public Works Standard Detail 160 -A and as approved
Services
by the City Engineer. Parkway landscaping and irrigation shall
Division
be installed on South Street, MacArthur Manor and Anaheim
Boulevard. The landscaping plans shall include street trees to be
installed, by the property owner, within the public rights -of -way
adjacent to South Street and Anaheim Boulevard. The size, type
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
and number of trees shall be provided to the satisfaction of the
Public Works Department, Streets and Sanitation Division. Said
information shall be specifically shown on plans submitted for
right -of -way construction permits. Prior to issuance a building
permit, a bond shall be posted in an amount approved by the City
Engineer and a form approved by the City Attorney.
5
A maintenance covenant shall be submitted to the Subdivision
Public Works
Section and approved by the City Attorney's office. The
Department,
covenant shall include provisions for maintenance of private
Development
facilities, including compliance with approved Water Quality
Services
Management Plan, and a maintenance exhibit. Maintenance
Division
responsibilities shall include parkway landscaping and irrigation
on South Street, MacArthur Manor and Anaheim Boulevard. The
covenant shall be recorded concurrently with the final map. A
Covenant, Conditions and Restrictions document shall also be
submitted as required by the Municipal Code.
6
The legal property owner shall execute a Subdivision Agreement,
Public Works
in a form approved by the City Attorney, to complete the
Department,
required public improvements at the legal property owner's
Development
expense. Said agreement shall be submitted to the Public Works
Services
Department, Subdivision Section approved by the City Attorney
Division
and City Engineer.
7
The property owner shall irrevocably offer to dedicate to the City
Public Works
of Anaheim the easements for road, public utilities and other
Department,
public purposes for South Street, Anaheim Boulevard and the
Development
public alley to meet the right -of -way requirements of Public
Services
Works Standard Detail 160 -A. Corner cut -off dedications at
Division
Anaheim Boulevard and South Street and at Anaheim Boulevard
and MacArthur Manor are also required.
PRIOR TO RECORDATION OF TRACT MAP
8
The Tract Map shall be submitted to and approved by the City of
public Works
Anaheim and the Orange County Surveyor and then shall be filed
Department,
in the Office of the Orange County Recorder. A reciprocal access
Development
agreement shall be recorded concurrently with the Tract Map.
Services
Division
9
All existing structures shall be demolished. The developer shall
Planning
obtain a demolition permit from the Building Division.
Department,
Building
Division
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
10
All required public improvements shall be constructed prior to
Public Works -
final building and zoning inspections and are subject to review
Construction
and approval by the Construction Services inspector.
Services
PRIOR TO ISSUANCE OF THE FIRST GRADING PERMIT
11
The applicant shall submit to the Public Works Department,
Public Works
Development Services Division for review and approval a Water
Department,
Quality Management Plan that:
Development
• Addresses Treatment Control/LID requirements.
Services
Division
• Use the current County Template Found under North Orange
County Priority Project WQMP Template
http: / /oeplanning.net/water
• If the "Chamber Maxx ", or similar system which cannot be
cleaned or accessed, is proposed in the Final WQMP, then
pre - treatment (similar to that proposed for roof runoff, e.g.
landscape swales) in place of or in addition to the proposed
filters, prior to infiltration, is required. This is not only a
regulatory requirement but will help preserve the useful life
of the infiltration control. If however, the infiltration
chambers can be accessed and cleaned (i.e. have room for
manned entry and a surface — such as sand — for capture of
pollutants) then there is no need for pretreatment, since its
occurring in the infiltration device.
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