Resolution-PC 2020-011RESOLUTION NO. PC2020-011
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2019-165
AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2019-00046)
(227 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for the approval of Tentative Parcel Map No. 2019-
165 to subdivide the 6.24 -acre property for parcel conveyance for separate church and residential
uses, proposed easement for road, public utility and other public purposes in favor of the City of
Anaheim for that certain real property commonly referred to as 227 North Magnolia 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 Parcel Map No. 2019-165 is proposed in conjunction with a
request (i) Reclassification No. 2019-00322 for the rezoning of property from "T" Transition and
"RM -2" Multiple Family Residential to "RM -3" Multiple Family Residential; (ii) a conditional
use permit for a new church facility with childcare on a 2.97 -acre parcel which is designated as
Conditional Use Permit No. 2019-06027; (iii) Conditional Use Permit No. 2019-06028 and
Miscellaneous Case No. 2019-00707 for the development of a 59 -unit, single family attached
townhome project with modified development standards and an affordable housing incentive for
restricting 10% of the project units (6 units) for moderate -income families on a 3.27 -acre parcel
which is designated as Conditional Use Permit No. 2019-06028; and (iv) Tentative Tract Map No.
19019 for a condominium subdivision for the 59 -unit residential townhome project.
Reclassification No. 2019-00322, Conditional Use Permit No. 2019-06027, Conditional Use
Permit No. 2019-06028, Miscellaneous Case No. 2019-00707, Tentative Parcel Map No. 2019-
165, and Tentative Tract Map No. 19019 shall be referred to herein collectively as the 'Proposed
Project"); and
WHEREAS, the Property is approximately 6.24 acres in size and is currently developed
with the Victory Baptist Church campus. The Land Use Element of the Anaheim General Plan
designates the Property for Low -Medium Residential land uses. The Property is located in the "T"
Transition Zone and "RM -2" Zone.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 13, 2020, 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, 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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; 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 March 12, 2020 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, 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 Parcel Map No. 2019-165,
does find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel
Map No. 2019-165, 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" General
Plan land use designation, because the Proposed Project will consist of a density of 18 dwelling
units per acre which is permitted under the Low -Medium Density Residential land use designation,
which allows up to 18 dwelling units per acre.
2. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel
Map No. 2019-165, is consistent with the zoning and development standards of the "RM -3"
Multiple Family Residential Zone contained in Chapter 18.06) of the Code, because the project
will comply with applicable development standards and include approval of a Conditional Use
Permit for modified standards, now pending.
3. That the site is physically suitable for the type and density of the Proposed Project.
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4. That the design of the subdivision, as shown on proposed Tentative Parcel Map No.
2019-165, 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,
because Mitigated Negative Declaration determined that there will be no significant impacts to the
environment as a result of the Proposed Project.
5. That the design of the subdivision, as shown on proposed Tentative Parcel Map No.
2019-165, 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 Parcel Map No.
2019-165, 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 the Planning Commission does hereby
approve Tentative Parcel Map No. 2019-165, contingent upon City Council approval of
Reclassification No. 2019-00322 for the rezoning of property from "T" Transition and "RM -2"
Multiple Family Residential to "RM -3" Multiple Family Residential, and further contingent upon
and subject to 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 under Tentative Parcel Map No. 2019-165 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
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, (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 any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (Revocation or Modification of Permits) of the Code.
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.
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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 April 13, 2020. 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.
i
CHAIRTIVRSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
i�v-L---a
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 April 13, 2020, by the following vote of the members
thereof.
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April, 2020.
a
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2019-00046
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Source: Recorded Tract Maps
and/or City GIS.
Feer
Please note the accuracy is +1- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2019-165
(DEV2019-00046)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE PARCEL MAP
1
The legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, for road, public utilities and other public purposes, the right -of-
Public Works,
way easements 60 -feet from the Centerline of Magnolia Avenue to the
Development Services
ultimate right-of-way line.
2
All existing structures in conflict with the proposed parcel lines shall be
demolished. The developer shall obtain a demolition permit from the
Public Works,
Building Division prior to any demolition work.
Development Services
3
An improvement certificate shall be placed on the parcel map to indicate
that all street improvements along Magnolia Avenue, along the frontages of
Public Works,
Parcel 1 and Parcel 2, per City of Anaheim Standard Detail 160-A and all
Development Services
other applicable standards, shall be constructed prior to final building and
zoning inspections, as directed by the City Engineer, for future building or
grading site development plans.
4
An improvement certificate shall be placed on the parcel map to indicate
that all required public sewer and storm drain improvements shall be
Public Works,
Development Services
constructed prior to final building and zoning inspections as directed by the
City Engineer for future building or grading site development plans.
5
The vehicular access rights to Magnolia Avenue shall be released and
Public Works,
relinquished to the City of Anaheim, except at approved driveways.
Development Services
6
The final map shall be submitted to the City of Anaheim, Public Works
Development Services Division and to the Orange County Surveyor for
Public Works,
technical correctness review and approval.
Development Services
7
Provide a Monumentation Bond in an amount specified in writing by a
Licensed Land Surveyor of Record.
Public Works,
Development Services
8
Comply with all applicable requirements of the Anaheim Municipal Code.
Public Works,
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
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.
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
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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