Resolution-PC 2023-036RESOLUTION NO. PC2023-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19286
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2023-00033)
(2952-2960 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. 19286
to establish a 1-lot, 4-unit single-family attached residential subdivision for that certain real
property located at 2952-2960 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. 19286 is proposed in conjunction with a
request for a conditional use permit, final site plan, and administrative adjustment to permit the
construction of a 44-unit single-family attached residential project with reduced landscape
setbacks and 10-percent of the units affordable to moderate income buyers. The conditional use
permit, final site plan, administrative adjustment, and Tentative Tract Map No. 19286, shall be
referred to herein collectively as the 'Proposed Project"; and
WHEREAS, the Property is approximately 1.68 acres in area and is developed with a
Telecommunications Antenna. The property is designated for Mixed -Use High land uses in the
General Plan. The property is in the Mixed -Use High (MU-H) Development Area of the Beach
Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards, and is
subject to the zoning and development standards contained in Chapter 18.122 (Beach Boulevard
Specific Plan No 2017-1 Zoning and Development Standards) of the Anaheim Municipal Code
(the "Code"); and
WHEREAS, Section 17.08.100 (Advisory Agency Duties) of Chapter 17.08
(Subdivisions) requires tentative map review and approval by the Planning Commission; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 4, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
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 establishment 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
PC2023-036
Environmental Impact Report No. 350 ("FEIR No. 350"), with a Statement of Overriding
Considerations, and adopting Mitigation Monitoring Program No. 342; 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"), the City is the "lead agency" for
the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, CEQA Guidelines Section 15168 provides that a previously certified
program EIR is sufficient environmental review for an individual activity carried out under the
regulatory authority evaluated by a program EIR when the activity has similar environmental
effects which can be mitigated in similar ways; and
WHEREAS, an Initial Study Checklist was prepared pursuant to CEQA Guidelines
Section 15162, as required by Section 15168, confirming that EIR No. 350 adequately analyzed
the proposed project and there are no new significant environmental effects or a substantial
increase in the severity of a previously identified significant effect; and
WHEREAS, the draft resolutions for the proposed project include all applicable
mitigation measures from EIR No. 350 as conditions of approval; and
WHEREAS, the Planning Commission finds and determines that EIR No. 350
adequately analyzed the residential development project is this project is therefore not subject to
the requirements to prepare additional environmental documentation pursuant to CEQA
Guidelines Section 15162 and 15168; 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.
19286, does find and determine the following facts:
1. The proposed subdivision of the Property, 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.
2. The proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 19286, including its design and improvements, is consistent with the zoning and
development standards of the "MU-H" Mixed -Use High Development Area of the Beach
Boulevard Specific Plan, with the exception of the administrative adjustment for reduced setbacks
that would occur at two locations where enhanced landscape improvements to screen the end of
the encroaching drive aisles are provided.
3. That the site is physically suitable for the single-family attached residential land
use because the Proposed Project is consistent with the General Plan Land Use designation and
zoning and development standards of the "MU-H" Mixed -Use High Development Area of the
BBSP, with the exception of the administrative adjustment for reduced setbacks.
4. The site is physically suitable for the proposed density of the development
because it is 26.2 du/ac where the General Plan allows up to 60 du/ac.
- 2 - PC2023-036
5. The design of the subdivision, as shown on proposed Tentative Tract Map No.
19286, 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.
6. The design of the subdivision, as shown on proposed Tentative Tract Map No.
19286 or the type of improvements is not likely to cause serious public health problems.
7. The design of the subdivision, as shown on proposed Tentative Tract Map No.
19286 includes an easement for road, public utility and other public purposes along Lincoln
Avenue and an easement for emergency and solid waste collection service purposes, including
ingress and egress rights for access purposes. Both easements are dedicated to the City of Anaheim.
There are no existing easements which are in conflict with the proposed improvements.
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
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. 19286,
contingent upon and subject to: (1) the adoption by the Planning Commission of a resolution
approving a conditional use permit, final site plan, and administrative adjustment for 44 single-
family attached residential units, 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.
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
- 3 - PC2023-036
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 December 4, 2023. 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.
CHAIRPERSON, PLANNING CO 4NIISSION
OF THE CITY OF ANAHEIM .
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-036
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EXHIBIT "A"
DEV NO.2021-00071
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to fnre feet.
PC2023-036
EXHIBIT "B"
TENTATIVE TRACT MAP NO.19286
(DEV2023-00033)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
Prior to final map approval, the Developer shall execute and record against
Housing and
the Property a Density Bonus Housing Agreement in a form and substance
Community
acceptable to the Planning Director and the City Attorney, and if required
Development
by the Density Bonus Housing Agreement, a declaration of covenants,
Department
conditions, and restrictions ("CC&Rs") that sets forth the terms and
conditions of approval of said Density Bonus. The Density Bonus Housing
Agreement/CC&Rs shall be binding on the Developer and all future owners
and successors in interest thereof. The Density Bonus 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 .0105 (For -
Sale Housing) of subsection .010 (Approval) of Section 18.52.040 (General
Density Bonus) of the Code.
2 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- Department,
way easements as follows: i) an easement along Lincoln Avenue 60-ft from Development Services
the street centerline, ii) comer cut easement at the comer of Lincoln Avenue Division
and Laxore Street, and iii) comer cut easement at the comer of Laxore Street
and Embassy Avenue.
Any/all existing structures in conflict with the future property lines shall be
3 Public Works
demolished. The developer shall obtain a demolition permit from the
Department,
Building Division prior to any demolition work. Development Services
Division _
The vehicular access rights to Lincoln Avenue, Laxore Street and Embassy
4 Public Works
Avenue shall be restricted and relinquished to the City of Anaheim.
Department,
Development Services
Division _
The developer shall pay all applicable development impact fees required
5 Public Works
under the Anaheim Municipal Code.
Department,
Development Services
Division _
6 The developer shall submit improvement plans, for the construction of Public Works
required public improvements, to the City of Anaheim, Public Works Department,
Department for review, approval, and to determine the bond amounts.
PC2023-036
NO. CONDITIONS OF APPROVAL " RESPONSIBLE
DEPARTMENT
Development Services
Division
7
The final map shall be submitted to the City of Anaheim, Public Works
Public Works
Department and to the Orange County Surveyor for technical correctness
Department,
review and approval.
Development Services
Division
8
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
Department,
attorney for the private improvements including but not limited to private
Development Services
utilities, drainage devices, parkway landscaping and irrigation, private street
Division
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
The developer shall execute a Subdivision Agreement and submit security
Public Works
in an amount acceptable to the City Engineer to guarantee construction of
Department,
the public improvements required herein. Security deposit shall be in
Development Services
accordance with the City of Anaheim Municipal Code. The agreement shall
Division
be recorded concurrently with the Final Map.
to
Vacate all existing easements in conflict with the proposed improvements.
Public Works
Department,
Development Services
Division
Public Works
11
Provide a monumentation bond in an amount specified in writing by a
Licensed Land Surveyor of Record.
Department,
Development Services
Division
12 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works
Department,
Development Services
Division
13 Conditions of approval related to each of the timing milestones above shall planning and Building
be prominently displayed on plans submitted for permits. For example, Department,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for Planning Services
building plan check. This requirement applies to grading permits, final Division
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life safety
plans, etc.
PC2023-036
CONDITIONS OF APPROVAL
Th 1' bl f all h 1 d th
14 a app scant is response a or paying c arges re ate to a processing
of this discretionary case application within 30 days of the issuance of the
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in
the issuance of required permits or may result in the revocation of the
approval of this application.
15 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning and Building Department, and
as conditioned herein.
RESPONSIBLE
DEPARTMENT
Planning and Building
Department,
Planning Services
Division
Planning and Building
Department,
Planning Services
Division
PC2023-036
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 December 4, 2023 by the following vote of the
members thereof -
AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez,
Tran-Martin, and Walker
1k20II.3
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 40'day of December 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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