Loading...
Resolution-PC 2019-011RESOLUTION NO. PC2019-011 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. 18182 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00124) (APN 035-205-01) 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. 18182 to establish a 1 -lot, 39 -unit attached residential subdivision for that certain real property located at APN 035-205-01 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, Tentative Tract Map No. 18182 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate the Property from "Low Density Residential" to "Mid Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2018-00524, (ii) approval of Reclassification No. 2018-00317 to reclassify the property from the "I" Industrial Zone to the "RM -3.5" Multiple - Family Residential Zone, (iii) approval of a conditional use permit to permit the construction of 39 attached single family residences with modified development standards, which is designated as "Conditional Use Permit No. 2017-05980". General Plan Amendment No. 2018-00524, Reclassification No. 2018-00317, Conditional Use Permit No. 2017-05980, and Tentative Tract Map No. 18182, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 1.57 acres in size and is currently improved developed with an RV storage lot. The Property is located in the "I" Industrial Zone, which is a zone under the Zoning Code. The Property is designated on the Land Use Element of the General Plan for "Low 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on January 10, 2019, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard, Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and - I - PC2019-011 WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, 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 recommends that the City Council also find and determine 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 361 and that the City Council approve and adopt MMP 361; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 4, 2019 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, 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. 18182, 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. 18182, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mid Density Residential" land use designation proposed as part of General Plan Amendment No. 2018-00524, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18182, including its design and improvements, is consistent with the zoning and development standards of the "RM -3.5" Multiple Family Residential Zone contained in Chapter 18.06) 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. 18182, 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. 18182, or the type of improvements is not likely to cause serious public health problems. - 2 - PC2019-011 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18182, 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. and; 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, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 18182, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2018-00524; an ordinance approving Reclassification No. 2018-00317, all of which entitlements are now pending; the mitigation measures set forth in MMP 361; 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) 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. -3 - PC2019-011 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 4, 2019. 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 COMN ION OF THE CIYY OF ANAHEIM ATTEST: 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 February 4, 2019, by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-011 EXHIBIT "A" DEV NO. 2017-00124 E W�M�T ©o s�o ioo Source: Recorded Tract Maps and/or City GIS. Feer Please note the accuracy is +/- two to five feet. - 5 - PC2019-011 EXHIBIT "B" TENTATIVE TRACT MAP NO. 18182 (DEV2017-00124) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP I The legal property owner shall irrevocably offer to dedicate to the City of Anaheim a 5 foot easement on the Public Alley to the ultimate right of Public Works, way width of 20 feet, for road, public utilities and other public purposes. Development Services Such dedication shall establish a new centerline for the Public Alley. 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 Development Services technical correctness review and approval. 3 The developer shall execute a maintenance covenant with the City of Anaheim in a form that is approved by the City Engineer and the City Public Works, attorney for the private improvements including but not limited to private Development Services 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 concurrent!y with the Final Map. 4 The applicant shall execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of Public Works, the public improvements required herein. Security deposit shall be in Development Services accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. 5 The developer shall submit street improvement plans, obtain a right of Public Works, way construction permit, and post a security (Performance and Labor & Development Services Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required off-site and public improvements within the City street right of way of North Street, Wilhemina Street, and the Public Alley. Improvements shall conform to City of Anaheim City Standards as approved by the City Engineer. The 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. 6 The developer shall provide a Monumentation bond in an amount Public Works, specified in writing by a Licensed Land Surveyor of Record. Development Services 7 The developer shall comply with all applicable requirements of the Public Works, Anaheim Municipal Code. Development Services - 6 - PC2019-011 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to "Indemnities") Department, individually and collectively as 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. 9 Conditions of approval related to each of the timing milestones above planning and Building shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with Department, 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. 10 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 issuance of the final invoice or prior to the issuance of building permits Department, 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. 11 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 - 7 - PC2019-011