Resolution-PC 2021-016RESOLUTION NO. PC2021-016
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING TENTATIVE
TRACT MAP NO. 19022 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2020-00278)
(100-130 SOUTH BEACH BOULEVARD AND 2952-2970 WEST LINCOLN 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. 19022
to establish a three -lot subdivision to include one lot with 134 "airspace" condominium lots for
that certain real property located on the southeast corner of Lincoln Avenue and Beach Boulevard,
and commonly referred to as 100-130 South Beach Boulevard; and 2952-2970 West Lincoln
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. 19022 is proposed in conjunction with a
request for a (i) a Final Site Plan and Miscellaneous Permit for a horizontal mixed-use project
consisting of 134 single-family attached residences (condominiums) with ten percent of the units
affordable to moderate income buyers and a Tier II Development Incentive to permit reduced
building -to -building setbacks; 100 affordable multiple -family attached units (apartments)
affordable to residents of various levels of income; and 5,000 square feet of commercial/retail
space; and (ii) a conditional use permit to permit the relocation of an existing telecommunications
antenna that would exceed the height limit. Final Site Plan No. 2020-00003, Miscellaneous Permit
No. 2020-00746, Conditional Use Permit No. 2021-06102, and Tentative Tract Map No. 19022,
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 7.27 acres in size and a portion is
currently developed with commercial uses, and a portion is currently vacant land, and is located in
the "MU -H" Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1)
Zone (BBSP). The Anaheim General Plan designates the Property for Mixed -Use High land uses;
and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency
in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-
25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings
via teleconferencing and to make public meetings accessible telephonically or otherwise
electronically to all members of the public seeking to observe and to address the local legislative
body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did
hold a teleconferencing and in-person public hearing at the Civic Center in the City of Anaheim
on April 26, 2021, 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, on December 18, 2018, the City Council adopted Resolution No. 2018-
146 approving the Beach Boulevard Specific Plan No. 2017-1 to provide for the establislunent of
a community -driven vision supported by new development standards, permitted and prohibited
uses, design guidelines, sustainable practices, economic development incentives, and capital
improvements that improve the quality of life for all future users of the corridor; and
WHEREAS, in connection with adoption of Specific Plan No. 2017-1 (Beach
Boulevard Specific Plan), the City Council adopted Resolution No. 2018-144 certifying Final
Environmental Impact Report No. 350 ("FEIR No. 350"), with a Statement of Overriding
Considerations, and adopting Mitigation Monitoring Program No. 342, and
WHEREAS, Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-
1) Zoning and Development Standards) prescribes the methods and procedures for implementation
of the Beach Boulevard Specific Plan, which for the Proposed Project requires the processing and
approval of a Final Site Plan in accordance with Chapter 18.70 (Final Site Plans) of Title 18
(Zoning) of the Code prior to the issuance of building permits; 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; 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, the Planning Commission finds and determines that this project is
exempt from the requirements to prepare additional environmental documentation pursuant to
CEQA Guidelines Section 15162. This exemption consists of projects undertaken pursuant to and
in conformity to the specific plan where an Environmental Impact Report (EIR) was previously
prepared. As such, the proposed project meets the criteria for exemption; 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.
19022, 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. 19022, including its design and improvements, is consistent with the General Plan of the
City of Anaheim, and more particularly with the "Mixed -Use High" land use designation, because
the Proposed Project will consist of a maximum density of 55.6 dwelling units per acre
(apartments) which is permitted under the Mixed -Use High land use designation, which allows up
to 60 dwelling units per acre.
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2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 19022, including its design and improvements, is consistent with the zoning and
development standards of the "MU -H" Development Area of the Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zone (BBSP) contained in Chapter 18.122) of the Code, because the
project will comply with applicable development standards and include approval of a Tier Two
Development incetive for a reduced buiding to building setback, 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.
19022, 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 the Draft EIR No. 350 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 Tract Map No.
19022, 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.
19022, 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 approve Tentative Tract Map No. 19022,
contingent upon and subject to: (1) the adoption by the Planning Commission of (i) a resolution
approving Final Site Plan No. 2020-00003, and Miscellaneous Permit No. 2020-00746, and
Conditional Use Permit No. 2021-06102 all of which entitlements are now pending; 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.
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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 April 26, 2021. 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.
G ';
A ER N, PLANNING C GVIMISSION
OF THE CITY OF ANAHEIM
ATTEST:
-X�
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 April 26, 2021, by the following vote of the members
thereof.-
AYES:
hereof
AYES: COMMISSIONERS: KEYS, KRING, MEEKS, MULLEADY,
VADODARIA
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS PEREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 26`i' day of April, 2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEN' NO. 20204)0278
nPN:126.602-02
126-602-04
126-602.22
126-602-29
126-602-31
126-602-33 4V LINCOLN AVE LN LINCOLN AVE
126-602-35
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- 6 - PC2021-016
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 19022
(DEV2021-00278)
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 casements described below:
1. 7 ft. in width on Lincoln Avenue
2. Comer cutback at Lincoln Avenue/Laxore Street and Laxore
Street/Embassy Avenue
2
All existing structures in conflict with the future property lines shall be
Public Warks,
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 Laxore Street shall be restricted and
Public Works,
relinquished to the City of Anaheim.
Development Services
4
The developer shall pay all applicable development impact fees required
Public Works,
under the Anaheim Municipal Code.
Development Services
5
The developer shall submit improvement plans, for the construction of
Public Works,
required public improvements, to the Public Works Development Services
Development Services
Division for review, approval, and to determine the bond amounts.
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
Development Services
technical correctness review and approval.
7
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.
Development Services
The agreement shall be recorded concurrently with the Final Map.
S
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
Vacate all existing easement in conflict with proposed improvements.
Public Works,
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
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
Development Services
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.
11
Provide a Monumentation bond in an amount specified in writing by a
Public Works,
Licensed Land Surveyor of Record.
Development Services
12
Comply with all applicable requirements of the Anaheim Municipal Code.
Public Works,
Development Services
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