Resolution-PC 2017-059RESOLUTION NO. PC2017-059
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT
MAP NO. 18097 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2016-00100)
(2730 WEST BALL 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. 18097
to permit a 1 -lot, 41 -unit condominium subdivision of that certain real property located at 2730
West Ball 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") to pen -nit the construction of 42 single-family attached residential units (the "Project");
and
WHEREAS, the 1.78 -acre project site consists of one parcel developed with a single family
home and is zoned "T" Transition Zone, is within the "R -O" Residential Opportunity Overlay
Zone, and designated for Medium Density Residential land uses by the General Plan, and is
therefore subject to the "RM -4" Multiple Family Residential Zone standards; and
WHEREAS, Tentative Tract Map No. 18097 is proposed in conjunction with Conditional
Use Permit No. 2017-05917, 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 June 26, 2017, 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 the Planning Commission
continued this item to the July 10, 2017 meeting; 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. 18097, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 18097, including its design and improvements, is consistent with the General Plan land
use designation of Medium Density Residential.
2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 18097, including its design and improvements, is consistent with the zoning and
development standards of the "RM -4" Multiple -Family Residential Zone.
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.
18097, 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.
18097, 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. 18097 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. 18097,
contingent upon and subject to: (1) a resolution approving Conditional Use Permit No. 2017-
05917, and (2) 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
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 10, 2017. 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:
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 July 10, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 10'" day of July, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00100
APN: 126-310-10
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Source: Recorded Tract Maps and/or City GIS.
FEEL Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 18097
(DEV2016-00100)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL MAP RECORDATION
1
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim, an easement for road, public utilities and other public purposes
Department,
at the following locations:
Development Services
- Macduff Street to the ultimate half right of way width of 30 -ft from the
Division
CL east;
- Corner cut-off at Macduff Street and Ball Road.
2
The vehicular access rights to Ball Road shall be restricted and relinquished
Public Works
to the City of Anaheim.
Department,
Development Services
Division
3
The developer shall submit improvement plans, for the construction of
Public Works
required public improvements, to the Public Works Development Services
Department,
Division for review, approval, and to determine the bond amounts.
Development Services
Division
4
The final map shall be submitted to the City of Anaheim, Public Works
Public Works
Development Services Division and to the Orange County Surveyor for
Department,
technical correctness review and approval.
Development Services
Division
5
The developer shall execute a maintenance covenant with the City of
Public Works
Anaheim in a form that is approved by the City Engineer and the City
Department,
attorney for the private improvements including but not limited to private
Development Services
utilities, drainage devices, parkway landscaping and irrigation, private drives
Division
and private street lights, etc. in addition to maintenance requirements
established in the Water Quality Management Plan (WQMP) as applicable
to the project. The covenant shall be recorded concurrently with the Final
Map.
6
The applicant shall execute a Subdivision Agreement and submit security in
Public Works
an amount acceptable to the City Engineer to guarantee construction of the
Department,
public improvements required herein. Security deposit shall be in accordance
Development Services
to City of Anaheim Municipal Code. The agreement shall be recorded
Division
concurrently with the Final Map.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The developer shall provide a Monumentation bond in an amount specified
Public Works
in writing by a Licensed Land Surveyor of Record.
Department,
Development Services
Division
8
The developer shall pay all applicable development impact fees required
Public Works
under the Anaheim Municipal Code.
Department,
Development Services
Division
9
The developer shall comply with all applicable requirements of the Anaheim
Public Works
Municipal Code.
Department,
Development Services
Division
10
All lots and condominium units shall be assigned street addresses by the
Planning and Building
Planning/Building Division.
Department
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,
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.
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
Planning Services
issuance of building permits shall be provided on plans submitted for
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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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result 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
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