Loading...
Resolution-PC2026-010RESOLUTION NO. PC2026-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A TENTATIVE TRACT MAP NO. 19393 TO CREATE A ONE -LOT CONDOMINIUM MAP FOR 50 FOR -SALE CONDOMINIUM UNITS, WHICH INCLUDE FIVE AFFORDABLE UNITS FOR LOW-INCOME HOUSEHOLDS (10 PERCENT) AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00012) (3036 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. 19393 (the "Proposed Project") on certain real property located at 3036 West Lincoln 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 0.67 acres in area and was formerly developed with a motel which was demolished in 2002 and has since been vacant. The Property is designated 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) 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, Tentative Tract Map No. 19393 is proposed in conjunction with a request for a final plan to permit the construction of a 50-unit condominium development, inclusive of five affordable units for low-income households. The final plan and Tentative Tract Map No. 19393, shall be referred to herein collectively as the 'Proposed Project"; 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) of Chapter 17.08 (Subdivisions); 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 did hold a public hearing at the Civic Center in the City of Anaheim on April 6, 2026 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, 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 — Minor Land Divisions. The Proposed Project is a request to subdivide the property into a one -lot map for condominium purposes, and the subject site is located in an urbanized area within the Mixed -Use High development area of the SP 2017-01 and is designated for Mixed -Use High land uses in the General Plan which permits residential uses. The proposed subdivision would be in conformance with the General Plan and applicable development standards, with the exception as those that are granted under State Density Bonus law. All services and access to the property would be provided in accordance with local standards, the property was not involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent and the project would therefore be consistent with this type of exemption. Additionally, the Proposed Project is exempt from the requirement to prepare additional environmental documentation per CEQA Guidelines, Section 15182(c) — Residential Projects Implementing a Specific Plan. In 2018, the City Council certified Environmental Impact Report (EIR) No. 350, prepared for the Beach Boulevard Specific Plan No. 2017-1 ("SP 2017-1") which adequately analyzed future residential developments project pursuant to CEQA Guidelines. The Proposed Project implements SP 2017-1 and the Mixed -Use High Development Area development standards set forth therein for a permitted density and land use. Applicable mitigation measures from EIR No. 350 have been included as conditions of approval. Further, no revisions to certified EIR No. 350 are required by the Proposed Project or a result of changed circumstances due to the involvement of new significant effects or substantial increase in the severity of previously identified significant effects; and, there is no new information that shows the Proposed Project will have significant effects not discussed in EIR No. 350 or that these significant effects will be substantially more sever; 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 to approve Tentative Tract Map No. 19393, does find and determine the following facts: 1. The proposed map is consistent with the General Plan and SP 2017-01. The subdivision consists of a one -lot condominium map to facilitate the residential development and future sale of individual condominium units. The property is designated for Mixed -Use High land uses under the General Plan, with a corresponding Mixed -Use High development area zone in SP 2017-01 that permits high -density multiple -family residential uses. 2. That the design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan. The one -lot condominium subdivision facilitates the development of a 50-unit residential project consistent with the site's land use designation and zoning, which permits multiple -family residential uses. The site design, including building placement, circulation, parking configuration, and provision of common and private open space, is consistent with the development standards and design objectives of SP 2017-01, as modified by applicable State Density Bonus Law. Improvements associated with the subdivision support the - 2 - PC2026-010 intended residential use and are compatible with the surrounding area, which is planned for mixed - use development. Accordingly, the design and improvements of the subdivision are consistent with the General Plan and SP 2017-1. 3. That the site is physically suitable for the type of development. The site is physically suitable for the proposed type of development. The project consists of a 50-unit residential condominium development, with additional density permitted pursuant to State Density Bonus Law. The site is of sufficient size and configuration to accommodate the proposed building, including required parking per State Density Bonus Law, circulation, and open space areas. To facilitate the additional density, the project includes requested incentives and waivers consistent with State Density Bonus Law, by which strict application of certain development standards would physically preclude the proposed density. Based upon the project setting within the Mixed -Use High development area, reduced setbacks would reinforce an urban style streetscape. Aside from these modifications, the project complies with applicable development standards and can be adequately served by existing public utilities and infrastructure. Lastly, the site is located within a built -out, mixed -use area that includes residential and supporting commercial uses, and is therefore physically suitable for the proposed residential development. 4. That the site is physically suitable for the proposed density of development. As a flat, urban infill site with no environmental or physical constraints, the site would provide a suitable setting for the intended residential development associated with the tentative tract map with access to public utilities and vehicular connections. While the project exceeds the base density of 60 dwelling units per acre, the proposed density of 74.6 dwelling units per acre is allowed pursuant to State Density Bonus Law. The project includes five affordable housing units reserved for low-income households, consistent with State law and supporting the City's housing objectives. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This site is located in an urbanized area and was previously developed with a motel that has since been demolished and is currently vacant. There are no known or observed sensitive environmental habitats on the subject site, and the subdivision would not be likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or type of improvements are not likely to cause serious public health problems. The subdivision facilitates the development of a residential project that would be consistent with applicable development standards and State Density Bonus Law provisions. The proposed improvements do not introduce hazardous conditions or uses that would be detrimental to public health. The project would be subject to standard building, fire, and public works requirements, ensuring that the development is constructed and operated in a manner that protects public health and safety. Accordingly, the design of the subdivision and associated improvements will not result in serious public health concerns. - 3 - PC2026-010 7. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public for access through or use of property within the proposed subdivision. The project has been designed to accommodate all required access and utility easements, and no conflicts with existing easements have been identified. Any necessary easements for public access, utilities, or services will be provided as part of the subdivision and development process, ensuring continued access and functionality. Accordingly, the proposed subdivision will not interfere with existing or future easement rights; 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 the Tentative Tract Map No. 19393, contingent upon approval of the final plan 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 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 and Building 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 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 any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. 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. - 4 - PC2026-010 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 6, 2026. 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSIO OF THE CITY OF ANAHEIM - 5 - PC2026-010 EXHIBIT "A" DEV NO.2023-00012 PC2026-010 EXHIBIT "B" TENTATIVE TRACT MAP (DEV2023-00012) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION The legal property owner shall irrevocably offer to dedicate to Public Works Department 1 the City of Anaheim, for road, public utilities and other public Development Services purposes, the right-of-way easements described below: • 7ft. in width on Lincoln Avenue. 2 The developer shall pay all applicable development impact fees Public Works Department required under the Anaheim Municipal Code. Development Services The developer shall submit improvement plans for the Public Works Department 3 construction of required public improvements to the Public Development Services Works Development Services Division for review, approval, and to determine the bond amounts. The final map shall be submitted to the City of Anaheim, Public Public Works Department 4 Works Development Services Division, and to the Orange Development Services County Surveyor for technical correctness review and approval. The developer shall execute a maintenance covenant with the Public Works Department City of Anaheim in a form that is approved by the City Engineer Development Services and the City attorney for the private improvements including but 5 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. The applicant shall execute a Subdivision Agreement and submit Public Works Department security in an amount acceptable to the City Engineer to Development Services 6 guarantee construction of the public improvements required herein. A security deposit shall be in accordance with the City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. 7 Provide a Monumentation bond in an amount specified in writing Public Works Department by a Licensed Land Surveyor of Record. Development Services 8 Comply with all applicable requirements of the Anaheim Public Works Department Municipal Code. Development Services Prior to final map recordation, or prior to the issuance of any Housing and Community grading and building permits, whichever occurs first for an Development Department 9 Affordable For -sale Housing Development, Applicant/Owner shall execute and cause to be recorded against the Property the Housing Incentives Agreement, and if required by the Housing - 7 - PC2026-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Incentives Agreement, a declaration of covenants, conditions and restrictions ("CC&R's") that sets forth the terms and conditions of approval of said Housing Incentives. The Housing Incentives Agreement/CC&Rs shall be binding on the Applicant/Owner and all future owners and successors -in -in - interest of the Property, and shall be and remain a senior, non - subordinate encumbrance against the subject Property. GENERAL 10 The project shall be operated in accordance with the Project Planning and Building Narrative and Letter of Operation submitted as part of this Department, application. Any changes to the project as described in these Planning Services Division documents shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 11 Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, new landscaping shall be installed by the owner/developer in Planning Services Division conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity, 12 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "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. 13 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Division Building Department, and as conditioned herein. - 8 - PC2026-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division 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. - 9 - PC2026-010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Madeleine Pineda-Campos, 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 6, 2026, by the following vote of the members thereof: AYES: Chairperson Walker and Commissions Castro, Perez and Tran-Martin NOES: Commissioner Kelly and Lieberman ABSTAIN: None ABSENT: Commissioner Adulrahman IN WITNESS WHEREOF, I have hereunto set my hand this 6tn day of April 2026. SECRETARY, PLANNING COMMIS I OF THE CITY OF ANAHEIM - 10 - PC2026-010