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Resolution-PC 2022-069 - 1 - PC2022-069 RESOLUTION NO. PC2022-069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19177 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00188) (1442 NORTH DALE 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. 19177 to establish an 18-unit subdivision for attached single-family homes for that certain real property generally located 225 feet east of the northern terminus of Dale Avenue, commonly referred to as 1442 North Dale 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. 19177 is proposed in conjunction with approval of a conditional use permit to permit the construction of 18 attached single-family residences. Development Permit No. 2021-00188 including Conditional Use Permit No. 2021-06121, and Tentative Tract Map No. 19177, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 0.93 acres in size and is currently developed with a single-family home, detached garage, and two accessory structures. The Land Use Element of the Anaheim General Plan designates the Property for Low Medium density residential land uses. The Property is located in the “T” Transition zone. The development standards and regulations of Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project consistent with the General Plan designation for the Property, and pursuant to the provisions of the State of California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code; 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Project qualifies for a Class 32 – In-Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15332 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and - 2 - PC2022-069 WHEREAS, on June 6, 2022, 5:00 p.m. the Planning Commission did hold a public hearing, 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. The Planning Commission continued the public hearing to July 6, 2022, at 5:00 p.m.; 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. 19177, does find and determine the following facts: 1. The proposed subdivision of the Property is consistent with the General Plan of the City of Anaheim, and more particularly with the Low Medium density residential land use designation which provides for development up to 18 dwelling units per acre. 2. The proposed design and improvements of the subdivision is consistent with the General Plan of the City of Anaheim including street and utility improvements. 3. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19177, including its design and improvements, is consistent with the zoning and development standards of the “RM-3” Multiple-Family Residential zone, which is the implementing zone for the Low-Medium density land use designation as required pursuant to California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code. 4. The site is physically suitable for the type and density of the Proposed Project in that the 0.93-acre site allows for the development of the 18-unit attached single-family residential subdivision in compliance with the RM-3 zone and Housing Incentives development standards. 5. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177, 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. 6. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177 or the proposed improvements is not likely to cause serious public health problems. 7. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177, or the proposed 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 the findings made in this Resolution. The Planning Commission expressly declares - 5 - PC2022-069 - 6 - PC2022-069 EXHIBIT “B” TENTATIVE TRACT MAP NO. 19177 (DEV2021-00188) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF THE FINAL MAP 1 All existing structures in conflict with the future property lines shall be demolished by the owner/developer. The owner/developer shall obtain a demolition permit from the Building Division prior to any demolition work. Public Works, Development Services 2 The vehicular access rights to Dale Avenue shall be restricted and relinquished by the owner/developer to the City of Anaheim. Public Works, Development Services 3 The owner/developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works, Development Services 4 The final map shall be submitted by the owner/developer to the City of Anaheim, Public Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval. Public Works, Development Services 5 The owner/developer shall execute a maintenance covenant with the City of 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 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. Public Works, Development Services 6 The owner/developer shall vacate all existing easement in conflict with proposed improvements. Public Works, Development Services 7 The owner/developer shall provide a Monumentation bond in an amount specified in writing by a Licensed Land Surveyor of Record. Public Works, Development Services 8 The owner/developer shall comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 9 The existing public storm drain easement located along the northerly end of the project site shall be adjusted by the owner/developer so that the easement boundaries encompasses the existing public storm drain infrastructure to the satisfaction of the City Engineer. Public Works, Development Services 10 The owner/developer shall apply for an Encroachment License for all improvements proposed over the existing public storm drain easement located along the northerly side of the project site. Proposed improvements are limited to fences with intermediate posts, low lying plants, and nonstructural site concrete pavement as approved by the City Engineer. Public Works, Development Services - 7 - PC2022-069 11 The Final Map shall depict the location of the easements for ingress, egress, vehicular access, sewer, public utilities, and incidental purposes over a portion of: • Parcel B and; • Parcel C as described in the Easement Legal Rights depicted on the Encumbrance Map for 1442 Dale Street dated June 21, 2021, with said easements including provisions ensuring the perpetual maintenance of those easements. Planning and Building Department, Planning Services Division 12 The owner/developer shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 13 Prior to final map approval, the owner/developer shall execute and record against the Property a Density Bonus Housing Agreement in a form and substance acceptable to the Planning Director and the City Attorney, and if required by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions (“CC&R’s”) that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&R’s shall be binding on the Developer and all future owners and successors in interest thereof. The Density Bonus Community and Economic Development Department - 8 - PC2022-069 Housing Agreement shall require the Density Bonus units to be offered for sale to the initial buyer of the Density Bonus units at an affordable housing cost to moderate income households and shall include the requirement for an equity sharing agreement, whereby the initial buyer of each Density Bonus unit shall enter into an agreement with the City requiring each such initial buyer to pay to the City upon the initial resale of each Density Bonus unit the City's proportional share of appreciation in accordance with paragraph .0104 (For-Sale Housing) of subsection .010 of Section 18.52.040 (General Density Bonus) of the Code.