Resolution-PC 2016-089RESOLUTION NO. PC2016-089
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. 17975
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN 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. 17975
to construct 48 single-family, attached and detached residential units (the "Project") on certain
real property located at 2301, 2323 and 2331 West Lincoln 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, the Property is approximately 2.8 acres in size and is located in the "C -G"
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low -Medium Density Residential" land uses; and
WHEREAS, Tentative Tract Map No. 17975 is proposed in conjunction with
Reclassification No. 2015-00285 and Conditional Use Permit No. 2015-05844, now pending,
which, together with the Project, shall be referred to herein collectively as the "Proposed
Project'; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 7, 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, 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 (Title 14 of the California Code of Regulations; 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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in -fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
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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. 17975, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the General
Plan land use designation of Low -Medium Density Residential.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the zoning and
development standards of the "RM -3" Multiple -Family Residential Zone proposed as
Reclassification No. 2015-00285, 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.
17975, and with the conditions imposed, 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.
17975, and with the conditions imposed, or the type of improvements is not likely to cause
serious public health problems.
6. That the design of the subdivision or the type of improvements, as shown on
proposed Tentative Tract Map No. 17975 and with the conditions imposed, will not conflict with
easements acquired by the public, at large, for access through or use of property within the
proposed subdivision.
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 approve Tentative Tract Map No. 17975,
contingent upon and subject to: (1) 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 -3" Multiple -
Family Residential Zone under Reclassification No. 2015-00285, (2) a resolution approving
Conditional Use Permit No. 2015-05844, 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
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 7, 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
, " � /, -7� �,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 November 7, 2016, by the following vote of the
members thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00127
APN: 071-110-40
071-110-41
071-110-28
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Source: Recorded Tract Maps and/or City GIS.
T Feet
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17975
(DEV2015-00127)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
The owner shall apply for and obtain vacation of the existing easements on
site that are in conflict with the proposed permanent structures.
Public Works
Department,
Development Services
Division
2
All parcels shall be assigned street addresses by the Building Division.
Public Works
Department,
Development Services
Division
3
The Lettered Lot shall be privately owned and maintained by the
Public Works
Homeowners Association. The Final Map shall include language to provide
ownership and purposes of the Lettered Lot.
Department,
Development Services
Division
4
All existing vertical structures shall be demolished. The developer shall
Public Works
obtain a demolition permit from the Building Division.
Department,
Development Services
Division
5
Tract Map No. 17975 shall be approved in substantial conformance with
Public Works
Planning Commission resolution for this project.
Department,
Development Services
Division
6
A maintenance covenant shall be submitted to the Development Services
Division and approved by the City Attorney's office. The covenant shall
Public Works
include provisions for maintenance of private facilities such as private sewer,
Department,
private drives, paseos, and private storm drain improvements; compliance
Development Services
with approved Water Quality Management Plan; and a maintenance exhibit.
Division
Maintenance responsibilities shall include all drainage devices, sewer,
parkway landscaping and irrigation, paseos, and the private drives. The
covenant shall be recorded concurrently with the final map.
7
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 Lincoln Avenue.
Improvements shall conform to the applicable City Standards per the Lincoln
Avenue Corridor Master Plan and as approved by the City Engineer. The
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
street improvement plans shall include all traffic related improvements
adjacent to the project site including all driveways, utility installations,
signing and striping, and all other offsite work.
8
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
9
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.
10
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.
11
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.
12
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
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