Resolution-PC 2019-044RESOLUTION NO. PC2019-044
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT
MAP NO. 18170 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00081)
(100-394 WEST CERRITOS 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. 18170
to establish a 1 -lot, 292 -unit attached residential subdivision for that certain real property located
at the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (1-
5) Freeway and commonly referred to as 100-394 West Cerritos 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, Tentative Tract Map No. 18170 is proposed in conjunction with a request
(i) to amend the Land Use Element of the General Plan to re -designate the Property from "General
Commercial" to "Mid Density Residential" land uses, which amendment to the General Plan is
designated as General Plan Amendment No. 2018-00522, (ii) approval of Reclassification No.
2018-00315 to reclassify the property from the "C -G" General Commercial Zone to the "RM -3.5"
Multiple -Family Residential Zone, (iii) approval of a conditional use permit to permit the
construction of 292 attached single family residences with modified development standards and
Density Bonus incentives, which is designated as "Conditional Use Permit No. 2018-05975" and
(iv) approval of Variance No. 2019-05127 to permit garages with dimensions less than required
by the Municipal Code. General Plan Amendment No. 2018-00524, Reclassification No. 2018-
00317, Conditional Use Permit No. 2017-05980, Variance No. 2019-05127 and Tentative Tract
Map No. 18170, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 11.87 acres in size and is currently
developed with a business park that consists of eight multi -story buildings with a mix of
businesses, including office and commercial uses and is located in the "C -G" General Commercial
Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 30, 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 the Planning
Commission continued the item to the October 28, 2019 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 (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
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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 August 22, 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
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 363 and that the City Council approve and adopt MMP 363; 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.
18170, 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. 18170, 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. 2018-00522, now pending.
2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 18170, 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.
18170, 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.
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5. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
18170, 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.
18170, 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. 18170, contingent upon and subject to: (1) the
adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment
No. 2018-00522; an ordinance approving Reclassification No. 2018-00315, and a resolution
approving Conditional Use Pcrmit No. 2018-05975 and Variance No. 2019-05127, all of which
entitlements are now pending; the mitigation measures set forth in MMP 363; 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 28, 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.
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A
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY 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 October 28, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MULLEADY,
VADODARIA
NOES: COMMISSIONERS: MEEKS, WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28`h day of October, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A„
DEV NO. 2018-00081
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Source. Reco-ded Tract Maps and/or City GIS.
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Please note the accuracy is +l- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 18170
(DEV2018-00081)
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
Anaheim 60 -ft. in width on Anaheim Blvd, along the project's frontage
Public Works
for road, public utilities and other public purposes.
Development Services
2
All existing structures in conflict with future property lines shall be
Public Works,
demolished. The developer shall obtain a demolition permit from the
Development Services
Building Division prior to any demolition work.
3
The vehicular access rights to Anaheim Blvd. shall be released and
Public Works,
relinquished to the City of Anaheim, except at approved private street
openings.
Development Services
4
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 bond amounts.
5
The developer shall post bonds for public improvements in the amount
Public Works,
approved by the City Engineer and in a form approved by the City Attorney.
Development Services
6
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
technical correctness review and approval.
Development Services
7
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
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 concurrently with the Final Map.
8
Private Streets "A, B, C, D," and onsite private drives shall be privately
Public Works
owned and maintained by the Home Owner's Association (HOA).
Development Services
9
All onsite sewer and storm drain utilities shall be privately owned and
maintained by the Home Owner's Association (HOA).
Public Works
Development Services
10
Vacate Cerritos Avenue and all other existing easements in conflict with the
Public Works,
future buildings. The Developer shall submit an abandonment application
the City for review and approval.
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
The applicant shall execute a Subdivision Agreement and post security in
an amount approved by the City Engineer to guarantee construction of the
public Works,
public improvements require herein and in a form approved by the City
Development Services
Attorney. Said agreement shall be submitted to Public Works Development
Services for approval by the City Council. The approved Subdivision
Agreement shall be recorded concurrently with the Final Map.
12
Provide Monumentaion Bond in the amount specified in writing by a
Licensed Land Surveyor of Record.
public Works,
Development Services
13
The property owner shall reserve an Access Easement for the benefit of
Parcel 2. The final map shall clearly show the subject easement and its
public Works,
limits.
Development Services
14
Lot Line Adjustment No. LLA -0000788 shall be recorded.
Public Works,
Development Services
15
Comply with all applicable requirements of the Anaheim Municipal Code.
public Works,
Development Services
16
The applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
planning and Building
individually and collectively as "Indemnities") from any and all claims,
Department,
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.
17
Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
planning and Building
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18
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.
19
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
Planning and Building
and which plans are on file with the Planning Department, and as
Department,
conditioned herein.
Planning Services
Division
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