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Resolution-PC 2013-086RESOLUTION NO. PC2013 -086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17618 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00071) (801 -817 SOUTH ANAHEIM BOULEVARD AND 120 WEST SOUTH STREET) WHEREAS, the Planning Commission did receive a verified Petition for the approval of Tentative Tract Map No. 17618 and Variance No. 2013 -04938 to permit a 42 lot subdivision for a proposed mixed -use development (herein referred to as the "Proposed Project ") on that certain real property located at 801 -817 South Anaheim Boulevard and 120 West South Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.79- acres, is developed with an automobile sales and repair facility. The Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located within the C -G (SABC- Neighborhood Commercial District) (General Commercial, South Anaheim Boulevard Corridor Overlay - Neighborhood Commercial District). As such, the Property is subject to the zoning and development standards described in Chapter 18.24 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 2, 2013, 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 Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against the Proposed Project concurrently with proposed Variance No. 2013- 04938 to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is categorically exempt from the requirement for the preparation of environmental documents under CEQA pursuant to Section 15332 of Title 14 of the California Code of Regulations (Class 32 — In -Fill Development Projects) and Section 15183.3 (Streamlining for Infill Projects) of Title 14 of the California Code of Regulations, involving the construction of a 42 -unit condominium complex, including 10 live /work units, with fewer parking spaces and smaller structural setbacks than required by the Code; 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 pertaining to the request to permit a 42 -lot residential subdivision, does find and determine the following facts: - 1 - PC2013 -086 1. That the Proposed Tentative Tract Map No. 17618, including its design and improvements, is consistent with the Mixed Use land use designation in the Anaheim General Plan and, more specifically, the C -G (SABC- Neighborhood Commercial District) (General Commercial, South Anaheim Boulevard Corridor Overlay - Neighborhood Commercial District) Zone and the zoning and development standards contained in Chapter 18.24 of the Code pertaining to mixed -use projects within the South Anaheim Boulevard Corridor Overlay Zone. 2. That the site is physically suitable for the type and density of the Proposed Project. 3. That the design of the subdivision 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. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision 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. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Tentative Tract Map No. 17618, subject to and contingent upon the approval of Variance No. 2013 - 04938, now pending, and upon satisfaction of the conditions of approval described 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 compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- PC2013 -086 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 2013. 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. Ku l CHAIR, ANAHEIM CITY PL 1NG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 2, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of December, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -086 EXHIBIT "A" DEV NO. 2013-00071 APN: 037 - 071 -13 037 - 071 -30 037 - 071 -31 n W CY Ai vQ 2 V ip r T' fl Sj V Z W 210' a 0 p W P N i W 23� rC o � 35 , NN MA CP�'C1'�1}R MN'R � vPX t 4 P Aye W v ALVcaCx p,, o so :ao Source: Recorded Tract Maps and /or City GIS. v Fee! Please note the accuracy is +/- two to five feet. -4- PC2013 -086 EXHIBIT "B" TENTATIVE TRACT MAP NO. 17618 (DEV2013- 00071) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnities ") from Planning any and all claims, actions or proceedings brought against Services Indemnities to attack, review, set aside, void, or annul the Division decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 2 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department, of the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure Services to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. 3 The premises shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed and approved Department, by the City of Anaheim, which plans are on file with the Planning Planning Department marked as Exhibit Nos. 25 -27. Services Division PRIOR TO FINAL MAP APPROVAL 4 Street, landscaping and irrigation improvement plan shall be Public Works submitted for improvements along the frontage of South Street, Department, MacArthur Manor and Anaheim Boulevard. Improvements shall Development conform Public Works Standard Detail 160 -A and as approved Services by the City Engineer. Parkway landscaping and irrigation shall Division be installed on South Street, MacArthur Manor and Anaheim Boulevard. The landscaping plans shall include street trees to be installed, by the property owner, within the public rights -of -way adjacent to South Street and Anaheim Boulevard. The size, type -5- PC2013 -086 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY and number of trees shall be provided to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for right -of -way construction permits. Prior to issuance a building permit, a bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney. 5 A maintenance covenant shall be submitted to the Subdivision Public Works Section and approved by the City Attorney's office. The Department, covenant shall include provisions for maintenance of private Development facilities, including compliance with approved Water Quality Services Management Plan, and a maintenance exhibit. Maintenance Division responsibilities shall include parkway landscaping and irrigation on South Street, MacArthur Manor and Anaheim Boulevard. The covenant shall be recorded concurrently with the final map. A Covenant, Conditions and Restrictions document shall also be submitted as required by the Municipal Code. 6 The legal property owner shall execute a Subdivision Agreement, Public Works in a form approved by the City Attorney, to complete the Department, required public improvements at the legal property owner's Development expense. Said agreement shall be submitted to the Public Works Services Department, Subdivision Section approved by the City Attorney Division and City Engineer. 7 The property owner shall irrevocably offer to dedicate to the City Public Works of Anaheim the easements for road, public utilities and other Department, public purposes for South Street, Anaheim Boulevard and the Development public alley to meet the right -of -way requirements of Public Services Works Standard Detail 160 -A. Corner cut -off dedications at Division Anaheim Boulevard and South Street and at Anaheim Boulevard and MacArthur Manor are also required. PRIOR TO RECORDATION OF TRACT MAP 8 The Tract Map shall be submitted to and approved by the City of public Works Anaheim and the Orange County Surveyor and then shall be filed Department, in the Office of the Orange County Recorder. A reciprocal access Development agreement shall be recorded concurrently with the Tract Map. Services Division 9 All existing structures shall be demolished. The developer shall Planning obtain a demolition permit from the Building Division. Department, Building Division -6- PC2013 -086 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 10 All required public improvements shall be constructed prior to Public Works - final building and zoning inspections and are subject to review Construction and approval by the Construction Services inspector. Services PRIOR TO ISSUANCE OF THE FIRST GRADING PERMIT 11 The applicant shall submit to the Public Works Department, Public Works Development Services Division for review and approval a Water Department, Quality Management Plan that: Development • Addresses Treatment Control/LID requirements. Services Division • Use the current County Template Found under North Orange County Priority Project WQMP Template http: / /oeplanning.net/water • If the "Chamber Maxx ", or similar system which cannot be cleaned or accessed, is proposed in the Final WQMP, then pre - treatment (similar to that proposed for roof runoff, e.g. landscape swales) in place of or in addition to the proposed filters, prior to infiltration, is required. This is not only a regulatory requirement but will help preserve the useful life of the infiltration control. If however, the infiltration chambers can be accessed and cleaned (i.e. have room for manned entry and a surface — such as sand — for capture of pollutants) then there is no need for pretreatment, since its occurring in the infiltration device. -7- PC2013 -086