Resolution-PC 2016-012RESOLUTION NO. PC2016-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17858
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00002)
(420 AND 440 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Tract Map No. 17858 to
establish a 25 -lot single-family residential subdivision for that certain real property located at
420 and 440 North Magnolia Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the 'Property"); and
WHEREAS, the Property consists of two parcels, one of which is currently
undeveloped and is located in the "T" Transition Zone. The second parcel is also undeveloped
and is located in the "C -G" Commercial General Zone. Tentative Tract Map No. 17858 is
proposed in conjunction with Reclassification No. 2015-00277, which is a request to rezone or
reclassify the Property from the "T" Transition Zone and the "C -G" General Commercial Zone to
the "RS -4" Single -Family Residential Zone, and Conditional Use Permit No. 2015-05787, which
is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code") for all
development in the "RS -4" Single -Family Residential Zone (herein referred to as "CUP No.
2015-05787"). The Anaheim General Plan designates this Property for Corridor Residential
land uses; and
WHEREAS, Tentative Tract Map No. 17858 is contingent upon adoption by the
City Council of an ordinance reclassifying the Property in accordance with Reclassification No.
2015-00277, which may be approved or denied by the City Council in its sole discretion; and
WHEREAS, the development comprising Tentative Tract Map No. 17858, CUP
No. 2015-05787 and Reclassification No. 2015-00277 shall be referred to herein as the
"Proposed Project"; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 25, 2016 to hear and
consider evidence for and against the Proposed Project, including proposed Reclassification No.
2015-00277, Conditional Use Permit No. 2015-05787 and Tentative Tract Map No. 17858 and to
investigate and make findings and recommendations in connection therewith. Notice of said
public hearing was duly given as required by Section 65090 of the California Government Code
and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; 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 the California Environmental Quality Act (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), that the Proposed Project is within that class of
projects which consist of in -fill development meeting the conditions described in Section 15332
of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section
15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and
- I - PC2016-012
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 establish a 25 -lot single-family residential
subdivision, does find and determine the following facts:
1. The proposed subdivision, including its design and improvements, and with the
conditions imposed under CUP No. 2015-05787, is consistent with the Corridor Residential land
use designation in the Anaheim General Plan and, once the City Council has adopted an
ordinance reclassifying the Property in accordance with Reclassification No. 2015-00277, will be
consistent with the zoning and development standards contained in Chapter 18.04 of the Code
pertaining to single-family detached projects within the "RS -4" Single -Family Residential Zone.
2. The site is physically suitable for the type and size of the proposed residential
subdivision.
3. The design of the subdivision, with the conditions imposed under CUP No.
2015-05787, is not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has
been identified on the site.
4. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems, since any new structures and associated site improvements will
be constructed on the property in compliance with the conditions imposed under CUP No. 2015-
05787 and other related Code requirements.
5. 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.
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 detract from 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 the Planning Commission does
hereby approve Tentative Tract Map No. 17858, contingent upon (1) the adoption by the City
Council of an ordinance reclassifying the Property within the "RS -4" Single -Family Residential
Zone in accordance with Reclassification No. 2015-00277, (2) the conditions imposed under
CUP No. 2015-05787, and (3) 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 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
- 2 - PC2016-012
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 Anaheim Municipal
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 January 25, 2016. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2016-012
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 January 25, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN
NOES: COMMISSIONERS: BOSTWICK, RAMIREZ, SEYMOUR
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-012
EXHIBIT "A"
DEV NO. 2015-00002
APN: 071-491-32
071-491-30
W
W BAYLOR CIR z
a
z
w
Q 223'
a
J
0
z
W MADISON CIR
a
�o
W MADISON GR co
z O coV
U u
z z
O
�n N
o n Nb
,y
Qom`
3 100'
W rTFADISON CIR
W MADISON C4R
Ooo Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is 50 +/- two to five feet.
-5 - PC2016-012
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17858
(DEV2015-00002)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO FINAL MAP APPROVAL
1
The Lot Line Adjustment to adjust the line between Parcel 1 or
Public Works,
Certificate of Compliance 2004-00054 and the retail center property.
Development Services
2
All existing structures shall be demolished. The developer shall obtain
Public Works,
a demolition permit from the Building Division. Site demolition shall
Development Services
be per a rough grading permit from Public Works.
3
The vehicular access rights to Magnolia Avenue, except at the private
Public Works,
street openings, shall be released and relinquished to the City of
Development Services
Anaheim.
4
The legal property owner shall pay when due development impact
Public Works,
fees required under the Anaheim Municipal Code.
Development Services
5
The legal property owner shall irrevocably offer to dedicate to the
Public Works,
City of Anaheim an easement for the corner cutback right-of-way for
road, public utilities and other public purposes for both sides of the
Development Services
private street curb ramps at Magnolia Avenue.
6
Tentative Tract Map No. 17858 shall be approved, in substantial
Public Works,
conformance with the Planning Commission resolution for this
Development Services
project.
7
The developer shall submit a request for street names for the private
Public Works,
streets. The street names must be approved by the Planning Division
and placed on the final map.
Development Services
8
The developer shall submit a sewer improvement plan, to the Public
Public Works,
Works department for construction of the private sewer system. The
improvements shall be constructed prior to final building and zoning
Development Services
inspection. The sanitary sewers for this development shall be
privately maintained.
- 6 - PC2016-012
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
9
Prior and as a condition precedent to the approval by the City of the
Public Works,
Final Map for Tract No. 17858 and its recordation with the County
Recorder, the applicant will be required to execute, in recordable
Development Services
forin, an unsubordinated Declaration of Covenants in such form as
may be acceptable to the Planning Director, the City Engineer and
City Attorney (or their duly authorized representatives) to ensure that
the private on-site common areas and facilities (including, but not
limited to, private sewer, private street, and private storm drain
improvements) and those public improvements that are not accepted
by the City for maintenance will be maintained by a Homeowners'
Association. The Declaration of Covenants will also ensure
compliance with approved Water Quality Management Plan and
maintenance of drainage devices, parkway landscaping and irrigation
on Magnolia Avenue, the private street name sign and the Private
Street.
10
Prior to final map approval the Lot Line Adjustment (LLA -0000738)
Public Works,
shall be approved and recorded to adjust the northerly property
Development Services
boundary.
11
The legal property owner shall post a security and execute a
Public Works,
Subdivision Agreement in a form that is satisfactory to and approved
by the City Engineer and the City Attorney (or such persons'
Development Services
authorized representative) to complete the required public
improvements at the legal owner's expense in an amount approved
by the City Engineer. Said agreement shall be submitted to the
Public Works Department, Subdivision Section for approval by the
City Council.
12
A maintenance covenant shall be submitted to the Subdivision
Public Works,
Section in a form that is satisfactory to and approved by the City
Engineer and the City Attorney (or such persons' authorized
Development Services
representative). The covenant shall include provisions for
maintenance of private facilities such as private sewer, private street,
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 Euclid Avenue, the private
street name sign and the Private Street. The covenant shall be
recorded concurrently with the final map.
13
All lots shall be assigned street addresses by the Building Division.
Planning Department,
The street name for the private street shall be submitted to and
Building Division
approved by the Building Division.
- 7 - PC2016-012
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
14
Prior to final snap approval, a signal warrant analysis shall be
Public Works,
performed. If said signal warrant analysis identifies a safety concern,
the project driveway may be restricted to right-inhight-out only, subject
Development Services
to City Engineer Approval.
GENERAL
15
Conditions of approval related to each of the timing milestones above
Planning Department
shall be prominently displayed on plans submitted for permits. For
Planning Services Division
example, conditions of approval that are required to be complied with
prior to the 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.
16
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (collectively referred
Planning Services Division
to individually and collectively as "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.
17
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 Division
issuance of the final invoice or prior to the 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.
18
The property shall be developed substantially in accordance with
Planning Department
plans and specifications submitted by the applicant to, and approved
Planning Services Division
by, the City of Anaheim, which plans are on file with the Planning
Department.
- 8 - PC2016-012