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Resolution-PC 2015-093RESOLUTION NO. PC2015-093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 17879 (DEV2015-00041) (4540 EAST RIVERDALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for the approval of Tentative Tract Map No. 17879 to establish a 75 -unit, detached, small -lot residential subdivision (the "Project") for that certain real property located at 4540 East Riverdale Avenue 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, Tentative Tract Map No. 17879 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate those portions of the Property designated as "School" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2015-00502, (ii) to rezone or reclassify the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00279", (iii) for approval of a conditional use permit to permit construction of the Project with modified development standards, which is designated as "Conditional Use Permit No. 2015-05796", and (iv) for approval of a variance to permit a deviation from the sound attenuation standards required by Section 18.40.190 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of the Anaheim Municipal Code (the "Code"), which is designated as "Variance No. 2014-05011". General Plan Amendment No. 2015-00502, Reclassification No. 2015-00279, Conditional Use Permit No. 2015-05796, Variance No. 2015- 05011, Tentative Tract Map No. 17879, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 12.1 acres in size and is currently improved with several structures formally used for a school. The Property is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title for whatever reason, including recent annexation." The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply. The Property is designated on the Land Use Element of the General Plan for "School" uses; 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 - 1 - PC2015-093 WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 324") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 16, 2015 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 Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 324 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 324; and WHEREAS, the Planning Commission, after due consideration, 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 approve Tentative Tract Map No. 17879, does find and determine and recommends that the City Council so find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17879, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low Density Residential" land use designation proposed as part of General Plan Amendment No. 2015-00502, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17879, including its design and improvements, is consistent with the zoning and development standards of the "RS -4" Single Family Residential Zone proposed as Reclassification No. 2015-00279, and the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17879, 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. - 2 - PC2015-093 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17879, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17879, 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. 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, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 17879, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00502; (ii) an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RS -4" Single -Family Residential Zone under Reclassification No. 2015-00279, and (iii) a resolution approving Conditional Use Permit No. 2015-05796 and Variance No. 2015-05011, all of which entitlements are now pending; () the mitigation measures set forth in MMP No. 324; and (3) 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 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. -3 - PC2015-093 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 16, 2015. 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. CHAIRMAN, 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 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 November 16, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, 2015. T SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-093 EXHIBIT "A" DEV NO. 2015-00041 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015-093 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17879 (DEV2015-00041) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP I The final map shall be submitted to and approved by the City of Anaheim Public Works, Department of Public Works and the Orange County Surveyor for Development Services technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 2 All structures shall be demolished. A demolition permit shall be obtained Public Works, from the Building Division of the Planning and Building Deparment. Development Services 3 That prior to final map approval, all lots shall be assigned street addresses Public Works, by the Building Division. The street names for the private streets shall be Development Services submitted to and approved by the Building Division. 4 The vehicular access rights to Riverdale Ave shall be released and Public Works, relinquished to the City of Anaheim, except at approved private street Development Services openings. 5 A maintenance covenant shall be submitted to the Subdivision Section and Public Works approved by the City Attorney's office. The covenant shall include Development Services provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Riverdale Avenue and the private street. The covenant shall be recorded concurrently with the final map. 6 Street improvement plans shall be submitted for improvements along the Public Works, frontage of Riverdale Avenue and the private streets. Improvements shall Development Services conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public and the private streets. Bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 7 The legal property owner shall post a security and execute a Subdivision Public Works, Agreement to complete the required public improvements at the legal Development Services owner's expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. The agreement shall be recorded concurrently with the final map. - 6 - PC2015-093 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnities") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set Planning Services aside, void, or annul the decision of the Indemnities 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 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. 9 Conditions of approval related to each of the timing milestones above shall planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for Planning Services building plan check. This requirement applies to grading permits, final Division maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 10 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for Planning Services this project, whichever occurs first. Failure to pay all charges shall result Division in delays in the issuance of required permits or may result in the revocation of the approval of this application. 11 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. 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