Resolution-PC 2017-086RESOLUTION NO. PC2017-086
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DETERMINING THAT STREAMLINED REVIEW
PURSUANT TO SECTION 15183.3 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IS APPROPRIATE AND APPROVING
VESTING TENTATIVE TRACT MAP NO. 18101
(DEV2016-00088)
(901 EAST SOUTH STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for the approval of Vesting Tentative Tract Map No.
18101 to establish a 25 numbered lot and 7 lettered lot, 546 unit residential subdivision for that
certain real property located at 901 East South Street 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, Vesting Tentative Tract Map No. 18101 is proposed in conjunction with a
request for approval of (i) a conditional use permit to permit construction of the Project with
modified development standards, which is designated as "Conditional Use Permit No. 2017-
05909"; and (ii) a tentative parcel map to create a 4 -lot subdivision for conveyance purposes, which
is designated at "Tentative Parcel Map No. 2017-120." Conditional Use Permit No. 2017-05909,
Vesting Tentative Tract Map No. 18101, and Tentative Parcel Map No. 2017-120, shall be referred
to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 20.66 acres in size and is currently improved
with industrial buildings. The Property is located in the "I" Industrial Zone. The Property is also
located within the Residential Opportunity (RO) Overlay Zone, meaning that the regulations
contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Anaheim
Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of
the General Plan for "Low -Medium Density Residential" and "Medium Density Residential" 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
WHEREAS, in May 2004, the City Council certified the General Plan and Zoning Code
Update Program EIR No. 330 (EIR 330), which evaluated impacts associated with implementation
of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring
Program No. 122 to mitigate those impacts. The Property was designated for Low -Medium
Density Residential land use as a part of the update; and
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WHEREAS, in September 2013, the City Council certified Supplemental Environmental
Impact Report No. 346 (SEIR 346) for the Anaheim Housing Opportunities Site Rezoning. The
City approved Mitigation Monitoring Program No. 122A as part of SEIR 346. SEIR 346
supplemented EIR 330 in the areas of air quality, greenhouse gas emissions, noise, and
transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014
General Plan Housing Element by rezoning the properties identified as Housing Opportunities
Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed
"by -right" housing development at these locations by applying one of two overlay zones to these
properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone.
The Property was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and
WHEREAS, a streamlined review checklist was prepared pursuant to Section 15183.3 of
the California Environmental Quality Act Guidelines to determine whether the project would have
any significant effects that the City, as Lead Agency, did not previously disclose in Environmental
Impact Report Nos. 330 and 346 pursuant to Public Resources Code Section 21094.5; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, mitigation measures
from Mitigation Monitoring Program No. 122A that are specific to the Proposed Project mitigation
measures are reflected in Mitigation Monitoring Plan No. 349 (herein referred to as "MMP 349").
A complete copy of MMP 349 is on file and can be viewed in the Planning Services Division of
the City; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 29, 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
WHEREAS, after examining the Infill Streamlining Checklist, and pursuant to the
provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual,
this Planning Commission finds and determines and that with implementation of MMP 349 and
uniformly applicable development policies and standards, the Proposed Project will not cause any
new specific effects or more significant effects and no additional environmental review is required;
and that ; 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. 18 10 1, 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. 18101, including its design and improvements, is consistent with the General Plan of the
City of Anaheim, and more particularly with the "Low -Medium Density Residential" and
"Medium Density Residential" land use designations.
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2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 18101, including its design and improvements, is consistent with the zoning and
development standards of the "RM -4" Multiple Family Residential Zone and the regulations
contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Code.
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.
18101, 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.
18101, 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.
18101, 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, as the "lead agency" under the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the
Proposed Project, the Infill Streamlining Checklist, EIR 330, SEIR 346, and the evidence received
to date, does determine as follows:
1. That the Infill Streamlinging Checklist was prepared in compliance with the
requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure
Manual;
2. That, based upon the evidence submitted and as demonstrated by the analysis included
in the Infill Streamlining Checklist, no additional environmental review is required as the Proposed
Project will not cause any new specific effects or more significant effects, or uniformly applicable
development policies and standards will substantially mitigate such effects; specifically:
(a) There have not been any substantial changes in any of the entitlements that were
analyzed in EIR 330 and SEIR 346 that require major revisions of EIR 330 or SEIR 349
because of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects;
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(b) There have not been any substantial changes with respect to the circumstances under
which the Proposed Project is undertaken that require major revisions of EIR 330 and SEIR
346 due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and
(c) There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time EIR 330 and
SEIR 346 were certified as complete and adopted, that shows any of the following:
(i) The Proposed Project will have one or more significant effects not discussed in EIR
330 and SEIR 346;
(ii) Significant effects previously examined will be substantially more severe than shown
in EIR 330 and SEIR 346;
(iii) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects of the
Proposed Project, but the proponents of the Proposed Project decline to adopt the
mitigation measures or alternatives; or
(iv) Mitigation measures or alternatives which are considerably different from those
analyzed in EIR 330 and SEIR 346 would substantially reduce one or more
significant effects on the environment, but the proponents of the Proposed Project
decline to adopt the mitigation measures or alternatives.
BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning
Commission determines that EIR 330 and SEIR 346, together with the Infill Streamlining
Checklist, are adequate to serve as the required environmental documentation for the Proposed
Project.
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring and Reporting Program No. 349 ("MMP 349"), which was
prepared for the Proposed Project and reflects mitigation measures from EIR 330 and SEIR 346
that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds
and determines that, with the imposition of identified mitigation measures and uniformly
applicable development policies and standards, the Proposed Project will not cause any new
specific effects or more significant effects.
BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations,
the Planning Commission does hereby approve Vesting Tentative Tract Map No. 18101,
contingent upon and subject to: (1) the adoption of (i) a resolution approving Conditional Use
Permit No. 2017-05909; and (ii) a resolution approving Tentative Parcel Map No. 2017-120, all
of which entitlements are now pending; and (iii) the mitigation measures set forth in MMP 349;
and 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)
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 29, 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 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 November 29, 2017, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 29" day of November, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00088
o 51, o Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 18101
(DEV2016-00088)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim, for road, public utilities and other public purposes, the right -of-
Development Services
way easements 32 ft. from the centerline of Santa Ana Street and South
Street and corner cutback in Santa Ana Street and South Street at Private
Street intersections.
2
Prior to final map approval, all existing structures shall be demolished.
Public Works,
The developer shall obtain a demolition permit from the Building
Development Services
Division.
3
That prior to final map approval, all lots shall be assigned street addresses
Planning and Building
by the Building Division. The street names for the private streets shall be
Department
submitted to and approved by the Building Division.
4
The vehicular access rights to South Street and Santa Ana Street shall be
Public Works,
released and relinquished to the City of Anaheim, except at approved
Development Services
street openings.
5
The developer shall pay all applicable development impact fees required
Public Works,
under the Anaheim Municipal Code.
Development Services
6
The developer shall submit improvement plans, for the construction of
Public Works,
required public improvements, to the Public Works Development
Development Services
Services Division for review, approval, and to determine the bond
amounts.
7
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
Development Services
technical correctness review and approval.
8
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
Development Services
attorney for the private improvements including but not limited to private
utilities, drainage devices, parkway landscaping and irrigation, 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.
9
The applicant shall execute a Subdivision Agreement and submit security
Public Works,
in an amount acceptable to the City Engineer to guarantee construction of
Development Services
the public improvements required herein. Security deposit shall be in
accordance to City of Anaheim Municipal Code. The agreement shall be
recorded concurrently with the Final Map.
10
Provide a Monumentation bond in an amount specified in writing by a
Public Works,
Licensed Land Surveyor of Record.
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
Comply with all applicable requirements of the Anaheim Municipal Code.
Public Works,
Development Services
12
Prior to final map approval, property owner shall dedicate to the City of
Public Works,
Anaheim an exclusive public storm drain easement on the final map. The
Development Services
minimum easement width shall be 20 ft. or as determined and approved
by the City Engineer.
13
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.
14
Conditions of approval related to each of the timing milestones above
planning and Building
shall be prominently displayed on plans submitted for permits. For
Department,
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
Planning Services
submitted for building plan check. This requirement applies to grading
Division
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.
15
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 this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
16
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
and which plans are on file with the Planning Department, and as
Department,
conditioned herein.
Planning Services
Division
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