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Resolution-PC 2015-111RESOLUTION NO. PC2015-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA 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. 17992 to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project") for that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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. 17992 is proposed in conjunction with a request (i) a request to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate those portions of the Property designated as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and to amend Figures C-1, C-5, and C-6 of the Circulation Element to remove the right turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard, which amendment to the General Plan is designated as "General Plan Amendment No. 2015- 00499", (ii) a request to rezone or reclassify the Property from the "I" Industrial and "C -G" General Commercial Zones to the Mixed Use "MU" Overlay Zone, which reclassification is designated as "Reclassification No. 2015-00276", and (iii) for approval of a tentative tract map to permit a 152 -lot single-family attached residential subdivision, which is designated as "Tentative Tract Map No. 17846". General Plan Amendment No. 2015-00499, Reclassification No. 2015- 00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 7 acres in size and is located in the "I" Industrial Zone, which is a zone under the Zoning Code that "is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City", and also in the "CG" General Commercial Zone, which is a zone under the Zoning Code that "is to allow a variety of land uses including some identified for the Neighborhood Center Commercial Zone". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and "Open Space" 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 - PC2015-111 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. 325") 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 December 14, 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. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; 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. 17846, 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. 17992, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed Use" land use designation proposed as part of General Plan Amendment No. 2015-00499, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17992, including its design and improvements, is consistent with the zoning and development standards of the "MU" Mixed Use Overlay Zone proposed as Reclassification No. 2015-00276. 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. 17992, 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 - PC2015-111 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17992, 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. 17992, 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. 17992, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00499; (ii) an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "MU" Mixed Use Overlay Zone under Reclassification No. 2015-00276, (iii) a resolution approving Conditional Use Permit No. 2015-05780, and (iv) a resolution approving Tentative Tract Map No. 17846 all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 325; 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 - PC2015-111 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 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. QZ CHA MAN, 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 December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: HENNINGER ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-111 EXHIBIT "A" DEV NO. 2014-00095 APN: 267-151-02 267-152-07 267-151-11 267-152-04 267-151-09 0 267-151-08 267-151-06 2 267-151-01 W 267-151-10 a 267-152-05 z267-152-06 a z 0o 140' LO 553' CV � 8' Ilk cD 9' SgS, N N c9 8g. 170' 47' W LA PALMA AVE 63' Z 19' r Z o y O o 550 goo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2015-111 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The Developer shall acquire in fee (or as approved by City Engineer) from Public Works the legal owner that portion of land that is in excess outside of the ultimate Department, street right-of-way for La Palma Avenue and Anaheim Boulevard for the Development Services entire frontage of the project along these streets. Then, the legal owner Division shall irrevocably offer to dedicate to the City of Anaheim ultimate right-of- way easements as required by the traffic study and/or City Standard 160-A for road, public utilities and other public purposes along La Palma Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. 2 A maintenance covenant, shall be submitted to the Subdivision Section Public Works and approved by the City Attorney's office. The covenant shall include Department, provisions for maintenance of private facilities, including compliance with Development Services approved Water Quality Management Plan, and a maintenance exhibit. Division Maintenance responsibilities shall include parkway landscaping and irrigation on Anaheim Blvd and La Palma Avenue. The maintenance covenant for Tentative Tract Map 17846 shall include provisions for annexation of Tentative Tract Map 17992 maintenance obligations into its CC&R's . The covenants shall be recorded concurrently with their respective final map. 3 Street improvement plans shall be submitted for all required public works Public Works improvements; including traffic signal and related improvements, striping, Department, storm drain, sewer, landscape and irrigation improvements, in La Palma Development Services Avenue and Anaheim Blvd to the Public Works Department/Development Division Services. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to final map approval. The improvements shall be constructed prior to final building and zoning inspections. 4 The portions of public right-of-way including "Old Anaheim Blvd" "New Public Works Anaheim Blvd" and "Zeyn" within the tentative tract map boundary shall Department, be abandoned. The legal property owner shall submit an abandonment Development Services application to Public Works for review. The abandonment will be subject Division to approval by the Anaheim City Council. 5 The property owner shall reserve on the maps, reciprocal access rights to Public Works all private streets, reciprocal access to, connectivity to, and use of all Department, public and private utilities and temporary construction easements within Development Services the boundaries of both maps. Division - 6 - PC2015-111 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The property owner and City shall execute a Put Option, Purchase Public Works Agreement ("Agreement") with provisions acceptable to the Director of Department, Public Works; this Agreement will require the developer to purchase Development Services certain remnant parcels "subject to certain governmental approvals" upon Division the City's exercise of the option. The Agreement is subject to approval by the Anaheim City Council. 7 Prior to City's execution of a Put Option, Purchase Agreement and prior to Public Works issuance of a grading permit for work to be done on land under the Department, jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim Development Services Redevelopment Agency ("Successor Agency"), the property owner and Division Successor Agency shall execute a Right of Entry allowing entry upon the Successor Agency's property adjacent to the project site with provisions acceptable to Successor Agency's Executive Director. 8 The legal property owner shall execute a Subdivision Agreement, in a Public Works form approved by the City Attorney, to complete the required public Department improvements at the legal property owner's expense. Said agreement shall Development Services be submitted to the Public Works Department; Subdivision Section Division approved by the City Attorney and City Engineer and then shall be recorded in the Office of the Orange County Recorder. 9 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 10 All existing structures shall be demolished. The developer shall obtain a Public Works demolition permit from the Building Division. Department, Development Services Division GENERAL 11 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. - 7 - PC2015-111 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 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. 13 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. 14 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. Division - 8 - PC2015-111