Resolution-PC 2014-076RESOLUTION NO. PC2014 -076
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO. 17720 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00009)
(2651 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. 17720
to establish a 1 -lot, 41 -unit residential subdivision for a proposed single - family attached
residential project (herein referred to as the "Proposed Project ") on that certain real property
located at 2651 West Lincoln Avenue in the City of Anaheim, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property ").
Tentative Tract Map No. 17720 is proposed in conjunction with Conditional Use Permit No.
2014 -05745 and Reclassification No. 2014 -00263 to construct a 41 -unit single family attached
residential project (herein referred to collectively as the "Proposed Project "); and
WHEREAS, the Property is currently developed with a recreational vehicle park. The
Property is located in the C -G (General Commercial) Zone. The Anaheim General Plan
designates this Property for Low - Medium Density Residential land uses; 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 (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project, including Conditional Use Permit No. 2014-
05745; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined, as the lead
agency under CEQA, that, on the basis of a thorough review of the Proposed Project and an
Environmental Checklist prepared therefor in accordance with Section 15183.3 of the CEQA
Guidelines, that (1) no additional environmental review is required under CEQA, and (2) the
Proposed Project is categorically exempt from the requirement for the preparation of
environmental documents under CEQA pursuant to Section 15332 (Class 32 — In -Fill
Development Projects)of the CEQA Guidelines; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 25, 2014 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 (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; and
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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 1 -lot, 41 -unit residential subdivision, does find
and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed
Tentative Tract Map No. 17720, including its design and improvements, is consistent
with the Low Medium Density Residential land use designation in the Anaheim General
Plan and, more specifically, the "RM -3" Multiple Family Residential Zone and the
zoning and development standards contained in Chapter 18.06 of the Code pertaining to
single - family attached projects within the "RM -3" Multiple Family Residential Zone.
Project.
2. That the site is physically suitable for the type and density of the Proposed
3. That the design of the subdivision, as shown on proposedTentative Tract
Map No. 17720, 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, as shown on proposed Tentative Tract
Map No. 17720, or the type of improvements is not likely to cause serious public health
problems.
5. That the design of the subdivision, as shown on proposed Tentative Tract
Map No. 17720, 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.
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 detract from 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.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Tentative Tract Map No. 17720, subject to (1) the adoption by the City Council of an
ordinance reclassifying the Property to the "RM -3" Residential Multiple Family Zone in
accordance with Reclassification No. 2014 - 00263, (2) approval of Conditional Use Permit No.
2014 - 05745, both of which entitlements are now pending, (3) 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, and (4) the adoption by the
City Council of an ordinance for Zoning Code Amendment No. 2014 -00119 amending the
Zoning Code to permit tandem parking spaces in the "RM -3" Multiple Family Residential Zone.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 25, 2014. 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.
CHAIRMAN, PLAIN . COMMISSION
OF THE'�ITY OF`ANA IM
ATTEST: -`
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 August 25, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25`" day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHHIBIT "A"
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APN: 070- 534 -15
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Source: Recorded Tract Maps and/or City GIS.
Feet
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17720
(DEV2014- 00009)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
I
The final map shall be submitted to and approved by the City of Anaheim
Public Works,
Department of Public Works and the Orange County Surveyor for
Development Services
technical review and that all applicable conditions of approval have been
complied with and then shall be filed in the Office of the Orange County
Recorder.
2
All existing structures shall be demolished. The developer shall obtain a
Public Works,
demolition permit from the Building Division.
Development Services
3
The vehicular access rights to Lincoln Avenue shall be released and
Public Works,
relinquished to the City of Anaheim, except at approved private driveway
Development Services
openings.
4
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works
approved by the City Attorney's office. The covenant shall include
Development Services
provisions for maintenance of private facilities such as private sewer,
private driveway, and private storm drain improvements; compliance with
approved Water Quality Management Plan; and a maintenance exhibit.
Maintenance responsibilities shall include all drainage devices, parkway
landscaping and irrigation on Lincoln Avenue, the private driveway name
signs and the private drive. The covenant shall be recorded concurrently
with the final map.
5
Street improvement plans shall be submitted for improvements along the
Public Works,
frontage of Lincoln Avenue and the private drive. Improvements shall
Development Services
conform to the City Standards and as approved by the City Engineer.
Parkway landscaping and irrigation shall be installed on the public and the
private drive.
6
The legal property owner shall post a security and execute a Subdivision
Public Works,
Agreement to complete the required public improvements at the legal
Development Services
owner's expense in an amount approved by the City Engineer and in a
form approved by the City Attorney. Said agreement shall be submitted to
the Public Works Department, Subdivision Section for approval by the
City Council. The agreement shall be recorded concurrently with the final
map.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The applicant shall defend, indemnify, and hold harmless the City and its
planning Department,
officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnities ") from any and all claims,
Division
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the 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.
8
Conditions of approval related to each of the timing milestones above shall
planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
Division
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
9
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits for
Division
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.
10
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the applicant
Planning Services
and which plans are on file with the Planning Department, and as
Division
conditioned herein.
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