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Resolution-PC 2021-023RESOLUTION NO. PC2021-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2021-123 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00059) (110 WEST MIDWAY DRIVE; 1441, 1445, AND 1455 SOUTH ANAHEIM BOULEVARD) 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. 2021- 123 to create a one lot subdivision by merging the existing eight parcels and vacated streets for that certain real property located on the southwest corner of West Midway Drive Avenue and South Anaheim Boulevard, and commonly referred to as 110 West Midway Drive; 1441, 1445, and 1455 South Anaheim Boulevard 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. 2021-123 is proposed in conjunction with a request for Miscellaneous Permit No. 2021-00767 for a multi -family residential project consisting of 86 attached dwelling units (apartments) in a four-story building including 85 affordable units to households earning less than 60 percent of the Area Median Income (AMT), a density bonus of 5 units, and three Tier Two Development Incentives for reduced floor area minimums, reduced interior lot line landscape setbacks, and reduced street frontage setbacks. Tentative Tract Map No. 2021-123 and Miscellaneous Permit No. 2021-00767, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 2.36 acres in size and the majority of the project site is vacant and is occasionally used as storage. A 1 -story, 4,590 -square -foot office structure is located on northwest corner of the site, and is is zoned "I" Industrial and "T" Transitional and is within the "RO" Residential Opportunity Overlay Zond and the "SABC" South Anaheim Boulevard Corridor Overlay Zone. The Anaheim General Plan designates the Property for Medium Density Residential 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 June 21, 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 - I - PC202 I -023 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, Pursuant to CEQA Guidelines Section 15367, the City has discretionary authority over the proposed project and is the Lead Agency in the preparation of the Appendix N: Infill Environmental Checklist (Attachment 5) and any additional environmental documentation required for the proposed project. The Appendix N Checklist utilizes analysis from the previously - certified Program Environmental Impact Report (Program EIR) No. 330 for the General Plan and Zoning Code Update, which was certified by the Anaheim City Council on May 25, 2004. In addition, the Appendix N Checklist also utilizes analysis from the certified Supplemental EIR No. 346 to Program EIR No. 330 for the City of Anaheim Housing Opportunities Sites Rezoning Project, which was certified by the City of Anaheim on September 24, 2013. The Appendix N Checklist collectively refers to Program EIR No. 330 and Supplemental EIR No. 346 as the "Certified EIR". The Appendix N Checklist compares the proposed project's effects with the analysis in the Certified EIR and assists the Lead Agency in the evaluation of potential environmental impacts of the proposed project. Project Design Features (PDFs), Standard Conditions/Existing Plans, Programs, or Policies (PPPs), and mitigation measures from the Certified EIR that are applicable to the proposed project are included in the Appendix N Checklist; and WHEREAS, the Planning Commission finds and determines that a streamlined review pursuant to Section 15183.3 (Streamlining for Infill Projects) of the CEQA Guidelines is the appropriate environmental review for this request under CEQA; and, that the proposed project would not cause any new specific effects or more significant effect that either have not already been analyzed in a prior environmental impact report or that uniformly applicable development policies would not substantially mitigate; 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. 2021-123, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel Map No. 2021-123, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the Residential Medium Density land use designation, because the Proposed Project will consist of a maximum density of 38 dwelling units per acre (apartments) which is permitted under the Residential Medium Density land use designation with the application of a 50 percent density bonus allowed per California Government Code Section 65915, which allows up to 52 dwelling units per acre on the project site. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel Map No. 2021-123, including its design and improvements, is consistent with the zoning and development standards of the RM -4 Zone contained in Chapter 18.06 of the Code, because the - 2 - PC2021-023 project would comply with applicable development standards and include approval of Tier Two Incentive requests for reduced interior lot line setback, reduced street frontage landscape setbacks, minimum unit size, and increased building height, 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 Parcel Map No. 2021-123, 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 CEaQA Appendix N Checklist 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. 2021-123, 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. 2021-123, 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 negate 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. 2021-123, contingent upon and subject to: (1) the adoption by the Planning Commission of (i) a resolution approving Miscellaneous Permit No. 2021-00767 which is entitlement is now pending; and, (2) 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. -3 - PC2021-023 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 2021. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON PRO-TEPORE, PLANNING COMMISSION OF tfHE CITY OF ANAH IM ATTEST:. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2021-023 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, Simonne Fannin, 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 June 21, 2421, by the following vote of the members thereof: AYES: COMMISSIONERS: KRING, MEEKS, MULLEADY, PEREZ, VADODARIA, WHITE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 21" day of June, 2021. L-d�� �C.1r.'YtiM,vrcJ SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2021-023 EXHIBIT "A" DEV NO. 2021-00059 APN: 082-185-59E PAlAIS RD 082-185-01 __j 082-185-53 082-185-48 082-185-52 082-185-47 W MIDWAY DR 114' 164' 2P, 0 0 N u] Elp- Ln NCD 04 � rn 67' boC 268' d W CERRITOS AVE /► Source: Recorded Tract Maps and/or City GIS. �J Please nate the accuracy is +/- two to five Peet. - 6 - PC2021-023 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2021-123 (DEV2021-00059) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 All existing structures shall be demolished. The developer shall obtain a Public Works, demolition permit from the Building Division prior to any demolition work. Development Services 2 The parcel 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 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 described below; a. 7 -ft. in width on Anaheim Blvd. b. 2 -ft in width on Midway Drive c. Corner cutback at Anaheim Blvd and Midway Drive d. Corner cutback at Zeyn Street and Midway Drive 4 The vehicular access rights to Anaheim Blvd and Midway Drive shall be public Works, released and relinquished to the City of Anaheim except at approved Development Services locations. 5 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 Parcel Map. 6 The developer shall pay all applicable development impact fees required public Works, under the Anaheim Municipal Code. Development Services 7 The legal property owner shall submit to Public Works, Development Public Works, Services Division for review and approval of the City Council, the Development Services Abandonment application and appraisal of Zeyn Street (Public Street) and of the Public Alley that is requested to be abandoned. The Public Street and Alley abandonment shall be completed prior to recordation of the Parcel Map. 8 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 security amounts. Prior to - 7 - PC2021-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT parcel map approval, securities shall be posted in the amounts approved by the City Engineer and in a form approved by the City Attorney. 9 A Memorandum of Understanding between the project developer and the public Works, existing owner of the Mobile Home Park to the south of the project site shall Development Services be prepared and executed to preserve and secure access and development rights prior to City Council abandonment hearing for the Public Street and Alley abandonment referenced in Condition No. 7. 10 The legal property owner shall submit to the City for review and approval a public Works, Reciprocal Access Agreement for the benefit of the developments to the Development Services west, TM 19112, and to the south, APN 082-185-56, of the project site for ingress and egress, utility, and drainage purposes. The agreement shall be recorded prior to the abandonment of the Public Street and the Public Alley. The parcel map shall reference the recordation information of this agreement and the abandonment. 11 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. 12 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. 13 Provide a Monumentation bond in an amount specified in writing by a Public Works, Licensed Land Surveyor of Record. Development Services 14 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 15 Prior to issuance of the first building permit and subject to nexus Public Works, requirements, the property owner/developer shall irrevocably offer for Traffic Engineering dedication (with subordination of easements), including necessary construction easements, the ultimate rights) -of -way as shown in the Circulation Element of the Anaheim General Plan adjacent to their property. MMP No. 122 MM 5.15-6 - 8 - PC2021-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Prior to issuance of a grading or building permit the City Engineer shall Public Works, review the location of each project to determine if it is located within an area served by deficient sewer facilities or the Proposed Project, with peak Development Services flows provided by the property owner, will create a deficiency in an existing sewer line. If the City Engineer determines that either condition exists, the property owner/developer shall conduct a sanitary sewer study to be reviewed and approved by the City Engineer. If the proposed project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the proposed project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the applicable sewer deficiency study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, or a combination thereof. MMP No. 122 MM 5.13-4 - 9 - PC2021-023