Resolution-PC2025-029RESOLUTION NO. PC2025-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19350
TO SUBDIVIDE AN EXISTING RESIDENTIAL PROPERTY INTO
ONE LOT FOR CONDOMINIUM PURPOSES TO CREATE 21
AIRSPACE UNITS AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2024-00029)
(207 SOUTH WESTERN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Tract Map No. 19350 to
subdivide an existing residential property into one lot for condominium purposes to create 21
airspace units at an existing multiple -family residential development (the "Proposed Project") on
certain real property located at 207 South Western Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.39 acres in area and is developed with six
multiple -family residential structures comprised of 21 residential units and associated site
improvements. The property is designated for Medium Density Residential land uses in the
General Plan. The property is in the "RM-4" Multiple -Family Residential Zone and is subject to
the zoning and development standards contained in Chapter 18.06 (RM-4 Multiple -Family
Residential Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, subdivisions require a tentative tract map subject to the approval by the
Planning Commission pursuant to Subsection .010 of Section 17.08.100 (Advisory Agency
Duties); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 20, 2025, 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) and 17.08.095 (Notice and Hearing) 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, 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 (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, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15315, Class 15 (Minor Land Divisions). The Proposed Project is
a request to subdivide an existing multiple -family residential property into a one -lot airspace
subdivision to permit the conversion of an existing 21-unit apartment complex into 21
condominium units. The project would include minor site alterations and no building expansion.
The proposed subdivision would be in conformance with the General Plan and applicable zoning
development standards of the "RM-4" Zone. No variances or exceptions are required. All services
and access to the proposed tract to local standards are available. The subject tract was not involved
in a division of a larger tract within the previous two years. The tract does not have an average
slope greater than 20 percent. Pursuant to Section 15300.2 (c) and 15315 of the CEQA Guidelines,
no exceptions to the exemption apply, there are no unusual circumstances in respect to the
Proposed Project that would cause a significant effect on the environment and, therefore, the
Proposed Project is categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing with respect to the request for approval of Tentative Tract Map No. 19350, does find and
determine the following facts:
1. That the proposed subdivision is consistent with the General Plan because it does
not create additional development potential or alter the physical configurations of the existing
buildings or site, the use and configuration of which are consistent with the zoning of the parcel.
Furthermore, it does not establish any new land use that would conflict with the General Plan's
Medium Density Residential designation. The subdivision allows for the creation of separate
airspace units within an existing, legally constructed development. The subdivision does not
impair the ability of the site to be reused or redeveloped in the future in a manner consistent with
the General Plan.
2. That the design and improvement of the proposed subdivision is consistent with the
General Plan because the subdivision consists solely of the creation of airspace units within an
existing residential development, the use and configuration of which are consistent with the zoning
of the parcel. Minor site improvements are proposed to add a 735-square foot common recreation
area and parking area upgrades. The subdivision does not alter the existing configuration of the
property or the surrounding area and does not impede the future ability of the property to be
redeveloped in a manner consistent with the General Plan's Residential designation.
3. That the site is physically suitable for residential development because the
subdivision consists solely of the creation of airspace units within an existing residential
development. The site maintains the existing residential use and number of units, but would be
operated as a condominium development. The site is and will continue to be physically suitable to
support the existing residential use as a condominium development, with no building expansion
proposed. The site meets the applicable "RM-4" Zone standards with adequate vehicular access.
Furthermore, the surrounding area is developed with similar residential uses, making the proposed
use appropriate and compatible with the area.
PC2025-029
4. That the site is physically suitable to accommodate the proposed density, as the site
maintains the existing number of units but would be operated as a condominium development. The
subject property is and will continue to be physically suitable to accommodate the existing density
of 15 dwelling units per acre, which is within the allowable density of 36 units per acre. The site
continues to provide a suitable setting for residential use, with adequate access to parking, common
recreation areas, public utilities, and vehicular circulation.
5. That the design of the subdivision would not cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat. The subdivision is
limited to the creation of airspace units within an existing residential development. Minor site
improvements are proposed to add a 735-square-foot common recreation area and parking area
upgrades. These improvements are minor in nature, occur entirely within a previously developed
and urbanized site, and do not affect any natural habitats or biological resources.
6. That the design of the subdivision or types of improvements are not likely to cause
serious public health problems because the subdivision is limited to the creation of airspace units
within an existing residential development. Any future improvements would be required to comply
with the development standards of the underlying zone, as well as all applicable State and City
codes, standards, policies, and regulations intended to protect public health.
7. That the design of the subdivision and the type of improvements will not conflict
with any easements acquired by the public at large for access through or use of the property within
the proposed subdivision, because the request is limited to the creation of airspace units within an
existing residential development. No physical changes are proposed that would alter existing
access, circulation, or utility easements serving the site or adjacent properties; and
WHEREAS, this 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. This 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 pursuant to the above findings, this
Planning Commission does hereby approve Tentative Tract Map. No. 19350, 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 for which the tentative tract map is applicable in order to preserve the health, safety and
general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the
conditions of approval may be granted in accordance with Section 17.08.110 (Expiration of
Tentative Map Approval) 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
PC2025-029
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
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 October 20, 2025. Said resolution is subject to the appeal provisions set forth in Chapter
17.08.100 (Advisory Agency Duties) of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
OF THE CITY OF ANAHEIM
W. i
CHAIRPERSON, PJJANNING COMMISSION
OF THE CITY OF XNAHEIM
PC2025-029
EXHIBIT "A"
DEV NO.2024-00029
APN:
135-301-10
W CABOT DR
i
W DE!
a MONTE DR
617' z
i» co D:
W
619' W
�`° Source: Recorded Tract Maps and/or City GIS.
�s Feet Please note the accuracy is +/- two to five feet.
PC2025-029
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 19350
(DEV2024-00029)
NO.
CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL TRACT MAP RECORDATION
1
Applicant/Owner shall pay all applicable development impact fees required
Public Works
under the Anaheim Municipal Code.
Department,
Development Services
2
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
Department,
technical correctness review and approval.
Development Services
3
Applicant/Owner shall execute a maintenance covenant with the City of
Public Works
Anaheim, in a form approved by the City Engineer and the City Attorney,
Department,
for the private improvements, including but not limited to private utilities,
Development Services
drainage devices, parkway landscaping and irrigation, private street lights,
etc. The covenant shall be recorded concurrently with the Final Map.
4
Applicant/Owner shall provide a Monumentation bond in an amount
Public Works
specified in writing by a Licensed Land Surveyor of Record.
Department,
Development Services
5
Applicant/Owner shall submit a cash -in -lieu payment based on the project
Public Works
engineer's cost estimate, in an amount determined by the City Engineer to
Department,
be sufficient to pay for future street widening along Western Avenue,
Development Services
including utility relocations, required offsite BMPs, etc. necessary for
widening to its ultimate location to be paid to the City of Anaheim.
6
Prior to the recordation of the final map, the applicant shall submit draft
Public Works
Covenants Conditions and Restrictions (CC&Rs) that are prepared by an
Department, Traffic
authorized professional for review and approval by the City Engineer,
Engineering Division
Planning & Building Director, and City Attorney, which addresses the
following:
a) A requirement that residents shall use designated parking areas,
Planning and Building
including garages, only for the parking of vehicles.
Department,
b) A provision that parking garages are subject to inspection by the
Planning Services
Association or City of Anaheim staff.
Division
c) A provision requiring that proposed amendments to the CC&Rs
shall be submitted for review to the City Engineer, Planning Director
PC2025-029
NO.
CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
or designee, and shall be approved by the City Attorney prior to the
amendment being valid.
d) A provision that the City is a third -party beneficiary to the CC&Rs
and has the right, but not the obligation, to enforce any of the
provisions of the CC&Rs relative to common area and utility
maintenance, Water Quality Management Plan, and internal
parking.
e) Resident parking allocation.
f) Maintenance of common areas.
PRIOR TO BUILDING PERMIFT ISSUANCE
7
Applicant/Owner shall record the Tract Map No. 19350 pursuant to the
Public Works
Subdivision Map Act and in accordance with City Code. Provide a duplicate
Department,
photo Mylar of the recorded map to the City Engineer's office.
Development Services
8
Applicant/Owner shall obtain a Right of Way Construction Permit (RCP)
Public Works
from the Development Services Division for all work performed in the
Department,
public right-of-way.
Development Services
9
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
Public Utilities,
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Water Engineering
and installed by the Applicant/Owner and a water submeter shall be installed
to each individual unit. Provisions for the ongoing maintenance and
operation (including meter billing) of the submeters shall be the
responsibility of the Owner and included and recorded in the Master CC&Rs
for the project.
10 All Landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Department,
with the State of California Model Water Efficient Landscape Ordinance
Development Services
(AB 1881).
ItIOR TO I7NAL BUILDING AND ZONING INSPECTIONS
All 11 public improvements shall be constructed by the Applicant/Owner,
Public Works
inspected and accepted by Construction Services prior to final building and
zoning inspection.
Department,
Development Services
12
All remaining fees/deposits required by the Public Works Department shall
Public Works
be paid in full.
Department,
fDevelo
ment Services
PC2025-029
NO. I CONDITIONS OF APPROVAL
13 Applicant/Owner shall set all Monuments in accordance with the final map
and submit all centerline ties to Public Works Department. Any monuments
damaged as a result of construction shall be reset to the satisfaction of the
City Engineer.
RESPONSIBLE
DEPARTMENT
Public Works
Department,
Development Services
14
Applicant/Owner shall install an approved backflow prevention assembly
on the water service connection(s) serving the property, behind property line
and building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
Public Utilities Water
Engineering
15
Prior to Final Building and Zoning Inspections, the Applicant/ Owner shall
Public Works
execute and record with the Orange County Recorder an unsubordinated
Department, Traffic
declaration of Covenants Conditions and Restrictions (CC&Rs) to run with
Engineering Division
the land, satisfactory to the City Engineer, Planning & Building Director,
and City Attorney, which restricts the installation of vehicle gates across the
Planning and Building
project driveways or access roads as the site design does not allow any such
Department,
gates to conform to City of Anaheim Engineering Standard Detail 475
Planning Services
pertaining to gate set back distance, turnaround area, guest phone, separate
Division
lane for guest access, and minimum width for ingress/egress as required by
the Fire Department. Should gates be desired in the future, an amendment
to the CC&R's approved by the City Engineer, Planning Director and the
City Attorney's office and recorded. Gates, if any, shall comply with the
current version of City of Anaheim Engineering Standard Detail 475 and
are subject to approval by the City Engineer.
ON -GOING D URING PROJECT GRADING, CONSTR UCTION AND OPERATIONS
16 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works
parking in the drive aisles. Red curb locations shall be clearly labeled on Department, Traffic
building plans. Engineering Division
GENERAL
17 The following minimum horizontal clearances shall be maintained between Public Utilities Water
proposed water main and other facilities: Engineering
• 10-feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities, including storm
drains, gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and trees.
PC2025-029
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g. water mains, fire hydrants, service
laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, streetlights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
• 10-feet minimum horizontal separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals.
• 6-feet minimum separation from curb face
• 12-inch minimum vertical separation from other utilities.
18
All CBC and CFC requirements shall be met for permit issuance. Any fire
Fire and Rescue
permits, which include fire sprinklers, fire alarm, etc., shall be submitted
Department
directly to the Anaheim Fire and Rescue Department.
Community Risk
Reduction Division
19
Landscaping shall be replaced by the applicant in a timely manner if it is
Planning and Building
removed, damaged, diseased, and/or dead. All new landscaping shall be
Department,
installed by the owner/developer in conformance with Chapter 18.46
Planning Services
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Division
maintained in perpetuity.
20
The Applicant/Owner shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
Division
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.
21
The Applicant/Owner is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits for
Planning Services
this project, whichever occurs first. Failure to pay all charges shall result in
Division
delays in the issuance of required permits or may result in the revocation of
the approval of this application.
PC2025-029
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
22
The property shall be developed substantially in accordance with plans and
Planning and Building
specifications submitted to the City of Anaheim by the applicant and which
Department,
plans are on file with the Planning and Building Department.
Planning Services
Division
23
Applicant/Owner shall comply with all applicable State laws, including but
Planning and Building
not limited to Government Code Sections 66427.1 and 66452 related to
Department,
condominium conversion notifications and California Tenant Protection Act
Planning Services
of 2019 AB 1482).
Division
24
The Applicant/Owner shall not terminate any existing residential tenancies
Planning and Building
for a period of twelve (12) months following approval of the condominium
Department,
conversion by the California Department of Real Estate, except for cause.
Planning Services
During this 12-month period, all existing tenants shall be allowed to remain
Division
in occupancy under the terms of their current leases or on a month -to -month
basis, as applicable. Eviction or termination of tenancy during this period
shall only be permitted for cause. All required notices under State law shall
be provided to tenants, including any notices related to the opportunity to
purchase their units upon conversion.
PC2025-029
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, 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 October 20, 2025, by the following vote of the
members thereof.
AYES: Commissioners Castro, Lieberman, Perez, Tran-Martin, and Walker.
NOES:
ABSTAIN:
ABSENT: Commissioners Abdulrahman and Kelly
IN WITNESS WHEREOF, I have here o set hand this 20'h day of October 2025.
SECREWY,TL
OF THE MY OF
PC2025-029