Resolution-PC 2014-106RESOLUTION NO. PC2014 -106
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO. 17754 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00018)
(641 — 701 SOUTH BROOKHURST STREET)
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. 17754
to establish a 40 -unit residential subdivision for a proposed single- family attached and detached
residential project (herein referred to as the "Proposed Project ") on that certain real property
located at 641 -701 South Brookhurst 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 ").
Tentative Tract Map No. 17754 is proposed in conjunction with Conditional Use Permit No.
2014 -05730 and Variance No. 2014 -04976 to construct a 40 -unit single family attached and
detached residential project; and
WHEREAS, the 2.49 -acre Property includes one property developed with a motel and a
portion of an adjacent property that is partially developed with a motel. The Property is located
in the "C -G" General Commercial Zone meaning that the Property is subject to the zoning and
development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim
Municipal Code (the "Code "). The Property is also located within the Brookhurst Commercial
Corridor (BCC) Overlay Zone, meaning that the regulations contained in Chapter 18.22
( Brookhurst Commercial Corridor (BCC) Overlay Zone) of the Code shall apply to the Property
and shall supersede any inconsistent regulations of the "CG" General Commercial Zone.
However, the Property is also located within the Residential Opportunity (RO) Overlay zone,
which is intended to implement the City's Housing Element of the General Plan by providing
"by- right" housing development opportunities consistent with a property's General Plan land use
designation and consistent with the development standards and requirements set forth in Chapter
18.06 (Multiple - Family Residential Zones). The Anaheim General Plan designates this Property
for Low - Medium Density Residential land uses; and
WHEREAS, by Resolution No. 2013 -150 adopted on September 24, 2013, the City
Council certified Environmental Impact Report No. 2012 -00346 and adopted Findings and a
Statement of Overriding Considerations and Mitigation Monitoring Program No. 122A
(collectively referred to as "EIR No. 2012 - 00346 "), in support of the adoption of the the Housing
Opportunities Rezoning Project; and
WHEREAS, the Planning Commission hereby finds and determines that, in accordance
with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.;
herein referred to as "CEQA ") and Title 14 of the California Code of Regulations (herein
referred to as the "CEQA Guidelines "), (i) EIR No. 2012 -00346 serves as the appropriate
environmental documentation for proposed Tentative Tract Map No. 17754 and satisfies all of
the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of
the CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental
documentation have occurred in connection with the proposed Tentative Tract Map No. 17754;
and (iii) no further environmental documentation needs to be prepared under CEQA for the
proposed Tentative Tract Map No. 17754; and
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WHEREAS, as the "lead agency" under CEQA, the Planning Commission finds and
determines that no additional environmental review is required under CEQA and, therefore,
authorizes and directs that staff prepare and file a Notice of Determination as provided in Section
15094 of the CEQA Guidelines; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 17, 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
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 40 -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. 17754, 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.
2. That the site is physically suitable for the type and density of the Proposed
Project.
3. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17754, 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. 17754, 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. 17754, 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. 17754, subject to (1) approval of Conditional Use Permit No.
2014 -05730 and Variance No. 2014 - 04976, both of which entitlements are now pending, (2) 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 (3) the adoption by the City Council of an ordinance for Zoning Code Amendment
No. 2014 -00120 amending the Zoning Code to increase the maximum height of detached single
family residences in the RM zones from 30 feet /two stories to 40 feet /three stories. 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
November 17, 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. lam,
IAN, PLANNI MMISSION
CITY OF ANA
ATTEST:
SECRETARY, 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 November 17, 2014, by the following vote of the members
thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of
November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV2014 -00018
APN: 127- 231 -35
127- 241 -67
127 - 241 -70
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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. 17754
(DEV2014- 00018)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
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
Vehicular access rights to Brookhurst Street shall be released and
Public Works,
relinquished to the City of Anaheim, except at the approved private street
Development Services
opening.
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
streets, 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 -site and on Brookhurst Street, the private street name signs
and the private streets and drives. 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 Brookhurst Street and the private streets. 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 streets. Prior to final map approval, a bond shall be posted in an
amount approved by the City Engineer and in a form approved by the City
Attorney.
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 and recorded concurrently with the 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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