Resolution-PC 2016-009RESOLUTION NO. PC2016-009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT
MAP NO. 17920 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00071)
(2337-2415 SOUTH MANCHESTER 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. 17920
to construct 120 single-family, attached condominium units (the "Project") on certain real
property located at 2337-2415 South Manchester 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 is approximately 5.5 acres in size and is located in the "T"
Transition Zone, which is a zone under the Zoning Code that includes "land that is used for
agricultural uses, in a transitory or interim use, restricted to limited uses because of special
conditions, or not zoned to one of the zoning districts in [the Zoning Code] for whatever reason,
including recent annexation." The Property is also located within the Mobile Home Park (MHP)
Overlay Zone, meaning that the regulations contained in Chapter 18.26 (Mobile Home Park
(MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and,
where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone. The
Property is designated on the Land Use Element of the General Plan for "Medium Density
Residential" uses; and
WHEREAS, Tentative Tract Map No. 17920 is proposed in conjunction with
Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815 and Variance No.
2015-05046, now pending, which, together with the Project, shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, subsequent to giving notice of said public hearing, it was determined that
Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been
eliminated as a part of the petitioner's request and is not a part of the Project; 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; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to
evaluate the physical environmental impacts of the Proposed Project; and
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WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared
for the Proposed Project and includes mitigation measures that are specific to the Proposed
Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 25, 2016 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
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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission found and determined that
the Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures attached to that
concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated
Negative Declaration and MMP No. 327; and
WHEREAS, this Planning Commission, after due consideration, 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 approve Tentative Tract Map No. 17920, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17920, including its design and improvements, is consistent with the General
Plan of the City of Anaheim.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17920, including its design and improvements, is consistent with the zoning and
development standards of the "RM -4" Multiple -Family Residential Zone proposed as
Reclassification No. 2015-00282, now pending.
3. That the site is physically suitable for the type and density of the Proposed
Project.
4. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17920, 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.
5. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17920, or the type of improvements is not likely to cause serious public health problems.
6. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17920, 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.
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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, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 17920,
contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing
an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -4" Multiple -
Family Residential Zone under Reclassification No. 2015-00282; (2) the mitigation measures set
forth in MMP No. 327; and (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. 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 this 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.
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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 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.
W Z' vz�
CHA AN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 January 25, 2016, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
January, 2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00071
Oo s�o ioo 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. 17920
(DEV2015-00071)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
The property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim an easement in Manchester Avenue for road, public, utilities and
Department,
other public purposes. The width of the easement shall include the
Development Services
existing road improvements and terminate at 10 feet back of the existing
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curb in the west side of the existing road. The legal property owner shall
post a security and execute a Subdivision Agreement to complete the
required public improvements at the legal 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.
2
The LAFCO boundary reconfiguration shall be approved and recorded
Public Works,
prior to approval of the final tract map.
Development Services
3
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works
approved by the City Attorney's office. The covenant shall include
Department,
provisions for maintenance of private facilities such as private sewer, private
Development Services
streets, and private storm drain improvements; compliance with approved
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Water Quality Management Plan; and a maintenance exhibit. Maintenance
responsibilities shall include all drainage devices, parkway landscaping and
irrigation on Manchester Ave, the private street name signs and the Private
Streets. The covenant shall be recorded concurrently with the final map.
4
Street improvement plans shall be submitted for improvements along the
Public Works,
frontage of Manchester Avenue. Improvements shall conform to the City
Standards and as approved by the City Engineer. Parkway landscaping and
Traffic Division
irrigation shall be installed on the public 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.
5
The property owner shall reserve, on the maps, reciprocal access rights to
Public Works
all private streets, reciprocal access to, connectivity to, and use of all
Department,
public and private utilities and temporary construction easements within
Development Services
the boundaries of both maps.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The legal property owner shall execute a Subdivision Agreement, in a
Public Works
form approved by the City Attorney, to complete the required public
Department,
improvements at the legal property owner's expense. Said agreement shall
Development Services
be submitted to the Public Works Department; Subdivision Section
Division
approved by the City Attorney and City Engineer and then shall be
recorded in the Office of the Orange County Recorder.
7
All parcels shall be assigned street addresses by the Building Division.
Public Works
Department,
Development Services
Division
8
All existing structures shall be demolished. The developer shall obtain a
Public Works
demolition permit from the Building Division.
Department,
Development Services
Division
9
Sewer collection services for the Project shall be provided either: (1) by
Public Works
the City of Orange under the terms and conditions of an Out -of -Area
Department,
Sewer Service Agreement mutually agreeable to the legislative bodies of
Development Services
the City of Orange and the City of Anaheim; or, in the absence of such an
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agreement, (2) in conformance with all applicable local, state and federal,
statutes, ordinances, regulations, resolutions, policies, standard plans,
permits or other requirements of the City of Anaheim.
If an Out -of -Area Sewer Service Agreement is approved by the legislative
bodies of the two cities, the applicant shall:
(a) Apply to the City of Orange for sewer service for the
Project in compliance with the terms and provisions of the
Out -of -Area Sewer Service Agreement, including, but not
limited, to the preparation and submittal of construction
plans for the connection of the sewer system improvements
servicing the Project to the sewer system of the City of
Orange in compliance with all applicable local, state and
federal, statutes, ordinances, regulations, resolutions,
policies, standard plans, permits or other requirements of
the City of Orange; and
(b) Secure from the City of Orange all permits and approvals
deemed necessary and appropriate by the City of Orange
for connection of the sewer system improvements servicing
the Project to the sewer system of the City of Orange; and
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
(c) Pay any and all fees and charges related thereto, including
City of Orange sewer installation charges.
GENERAL
10
The applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnities") from any and all claims,
Planning Services
actions or proceedings brought against Indemnities to attack, review, set
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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.
11
Conditions of approval related to each of the timing milestones above shall
Planning and Building
be prominently displayed on plans submitted for permits. For example,
Department,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for
Planning Services
building plan check. This requirement applies to grading permits, final
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maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
12
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
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
planning Services
in delays in the issuance of required permits or may result in the
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revocation of the approval of this application.
13
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department, and as
conditioned herein.
Planning Services
Division
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