Resolution-PC 2017-083RESOLUTION NO. PC2017-083
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. 18045 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00042)
(312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY)
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. 18045
to permit a 1 -lot, 39 -unit detached and attached condominium project (the "Project") on certain
real property located at 312-400 South Euclid Street and 1678 West Broadway 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 2.35 acres in size and is currently located in the
"C -G" General Commercial Zone and designated on the Land Use Element of the General Plan
for "General Commercial" and "Residential Corridor" uses; and
WHEREAS, Tentative Tract Map No. 18045 is proposed in conjunction with General Plan
Amendment No. 2016-00509, Reclassification No. 2016-00293, and Conditional Use Permit No.
2017-05933, 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. 348") 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 13, 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
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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. 348, and approved and adopted the Mitigated
Negative Declaration and MMP No. 348; 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. 18045, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18045, including its design and improvements, is consistent with the General Plan
land use designation of Residential Low -Medium as proposed as General Plan Amendment No
2016-00509, now pending.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18045, 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. 2016-00293, 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. 18045, 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. 18045, 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. 18045, 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, 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.
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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. 18045, contingent upon and subject to: (1) the
adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment
No. 2016-00509, (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 -3" Multiple -Family
Residential Zone under Reclassification No. 2016-00293, (3) a resolution approving Conditional
Use Permit No. 2017-05933, (4) the mitigation measures set forth in MMP No. 348; 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 13, 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:
.. el -MI
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 13, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, LIEBERMAN,
WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, KEYS
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 13'h day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "All
DEV NO. 2016-00042
APN: 250-051-02, 03
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Please note the accuracy i-. +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 18045
(DEV2016-00042)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP AND MAP RECORDATION
1
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim a 7 -foot easement on Euclid Street to the ultimate half right-of-way
Department,
width of 60 feet from centerline to the east, for road, public utilities and other
Development Services
public purposes.
Division
2
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
3
The developer shall execute a Save Harmless Agreement with the City of
Public Works
Anaheim for any storm drain connections to the City's storm drain system.
Department,
The agreement shall be recorded concurrently with the Final Map.
Development Services
Division
4
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 street
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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.
5
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
Development Services
accordance to City of Anaheim Municipal Code. The agreement shall be
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recorded concurrently with the Final Map.
6
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
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7
Provide a Monumentation bond in an amount specified in writing by a
Public Works
Licensed Land Surveyor of Record.
Department,
Development Services
Division
8
The developer shall comply with all applicable requirements of the
Public Works
Anaheim Municipal Code.
Department,
Development Services
Division
9
All existing structures shall be demolished. The developer shall obtain a
Planning and Building
demolition permit from the Building Division.
Department,
Planning Services
Division
GENERAL
10
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
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aside, void, or annul the decision of the Indemnities concerning this pen -nit
or any of the proceedings, acts or detenninations 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.
11
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.
12
The applicant is responsible for paying all charges related to the processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning Services
whichever occurs first. Failure to pay all charges shall result in delays in
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the issuance of required permits or may result in the revocation of the
approval of this application.
13
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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