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Resolution-PC 2016-054RESOLUTION NO. PC2016-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE TENTATIVE TRACT MAP NO. 17959 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00101) (415 SOUTH ANAHEIM HILLS ROAD) 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. 17959 to construct 60 single-family, attached condominium units (the "Project") on certain real property located at 415 South Anaheim Hills Road 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, the Property is approximately 8.4 acres in size and is located in the "OS" Open Space Zone. 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 Anaheim Municipal Code (the "Code") apply to the Property. The Property is designated on the Land Use Element of the General Plan for "Open Space" and "Water" land uses; and WHEREAS, Tentative Tract Map No. 17959 is proposed in conjunction with General Plan Amendment No. 2015-00505, Reclassification No. 2015-00284, Conditional Use Permit No. 2015-05832 and Development Agreement No. 2016-00003, now pending, which, together with the Project, shall be referred to herein collectively as 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 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, 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. 333") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and - 1 - PC2016-054 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 2016 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 CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined 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. 333, and approved and adopted the Mitigated Negative Declaration and MMP No. 333; and WHEREAS, this 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. 17959, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17959, including its design and improvements, is consistent with the General Plan land use designation of Corridor Residential as proposed as General Plan Amendment No 2015-00505, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17959, including its design and improvements, is consistent with the zoning and development standards of the "RM -1" Multiple -Family Residential Zone proposed as Reclassification No. 2015-00284, now pending. 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. 17959, 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. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17959, 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. 17959, 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. - 2 - PC2016-054 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 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 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, this Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 17959, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00505, (2) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -1" Multiple - Family Residential Zone under Reclassification No. 2015-00284, (3) a resolution approving Conditional Use Permit No. 2015-05832, (4) the mitigation measures set forth in MMP No. 333; 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 this 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 - PC2016-054 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 13, 2016. 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. (i� ad CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: 14 -- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 June 13, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: HENNINGER ABSENT: COMMISSIONERS: DALATI June, 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 13'' day of SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-054 EXHIBIT "A" DEV NO. 2015-00101 I WaRIMANW0,111, ©o soioo Source. Recorded Tract Maps and/or City GIS. vFeet Please note the accuracy is +/- two to five feet. - 5 - PC2016-054 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17959 (DEV2015-00101) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The developer shall submit to Public Works, Development Services Division Public Works for review and approval of City Council, the abandonment application and Department, appraisal of certain City Service Road, Public Utility and Drainage Easement Development Services that is in conflict with the proposed structures. Division 2 The developer shall submit to Public Works Development Services Public Works Division for review and approval of the City Council, the Abandonment Department, application and appraisal of certain City Service Road, Public Utility, and Development Services Drainage Easement that is in conflict with the proposed permanent Division Building structures. 3 A 15 -foot storm drain easement shall be dedicated to the City of Anaheim Public Works around the existing storm drain portion that is within the property without a Department, public utility easement. Development Services Division 4 The project shall relinquish street access to Anaheim Hills except at Public Works approved driveway locations. Department, Development Services Division 5 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 6 All existing structures shall be demolished. The developer shall obtain a Public Works demolition permit from the Building Division. Department, Development Services Division 7 Tract Map No. 17959 shall be approved, in substantial conformance with Public Works Planning Commission resolution for this project. Department, Development Services Division - 6 - PC2016-054 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 A maintenance covenant shall be submitted to the Subdivision Section and Public Works approved by the City Attorney's office. The covenant shall include Department, provisions for maintenance of the entire access road and of private facilities Development Services such as private sewer, private drives, and private storm drain improvements; Division compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer, parkway landscaping and irrigation, and the access road, including "No Parking" along the west boundary of the access road. Maintenance obligations shall include the 0.5 acre portion of Lot No. 2 of the property located to the north of La Paz Way. The covenant shall be recorded concurrently with the final map. 9 That prior to final map approval, street improvement plans shall be submitted Public Works for improvements along the frontage of Anaheim Hills Road and La Paz Department, Way. Improvements shall conform to the City Standards and as approved by Development Services the City Engineer. Landscaping and irrigation shall be installed on the public Division and the private drives as required connected to the onsite system. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 10 The developer shall submit street improvement plans, obtain a right of way Public Works construction permit, and post a security (Performance and Labor & Department, Materials Bonds) in an amount approved by the City Engineer and in a form Development Services approved by the City Attorney for the construction of all required public Division improvements within the City street right of way of Anaheim Hills Road and La Paz Way. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. 11 The legal property owner shall post a security and execute a Subdivision Public Works Agreement to complete the required public improvements at the legal Department, owner's expense in an amount approved by the City Engineer and in a form Development Services approved by the City Attorney. Said agreement shall be submitted to the Division Public Works Department, Subdivision Section for approval by the City Council. GENERAL 12 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, Planning Services actions or proceedings brought against Indemnities to attack, review, set Division aside, void, or annul the 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. - 7 - PC2016-054 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 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 Planning Services issuance of building permits shall be provided on plans submitted for Division building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 14 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. 15 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 - PC2016-054