Resolution-PC 2016-086RESOLUTION NO. PC2016-086
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DENYING MISCELLANEOUS CASE NO. 2013-00575 AND
TENTATIVE TRACT MAP NO. 18046 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00028A)
(2726 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified application for a density bonus for a proposed housing
development (the "Density Bonus Application") on certain real property located at 2726 West
Lincoln 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 Density Bonus Application, designated as "Miscellaneous Case No.
2013-00575", was submitted in conjunction with a petition for approval of Tentative Tract Map
No. 18046 to establish a 1 -lot, 35 -unit attached condominium subdivision (the "Project"), at least
four (4) of which condominium units (the "Density Bonus Units") will be offered for sale to
"moderate income households", as defined in Section 50093 of the California Health and Safety
Code, at an "affordable housing cost", as defined in Section 50052.5 of the California Health and
Safety Code; and
WHEREAS, in consideration for providing housing affordable to moderate income
households, the applicant has requested certain development concessions and incentives,
including waivers or reductions of development standards, which the applicant has represented
are necessary to provide affordable housing costs for the Density Bonus Units; and
WHEREAS, the Project, Miscellaneous Case No. 2013-00575 and Tentative Tract Map
No. 18046 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, on October 17, 2016, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the
Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the
Proposed Project and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, Section 18.52.120 of the Code requires the City to approve a request for a
density bonus and/or incentives unless it makes a finding, based upon substantial evidence, of
either of the following:
1. That the density bonus or incentive is not required to provide affordable housing
costs or affordable rents; or
- 1 - PC2016-086
2. That the density bonus or incentive would have a specific adverse impact upon
public health and safety or on the physical environment, or on any real property that is listed in
the California Register of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the development
unaffordable to very low, low, lower, or moderate income households; and
WHEREAS, while the applicant proposes to utilize the applicable parking ratios shown
in Table 52-I (Reduced Parking Ratios) of Section 18.52.100 (Parking Ratios) of the Code by
way of tandem two -car garages for each unit, the Project does not provide additional on-site
parking spaces for visitors or for the purpose of receiving goods or services from service
providers, including truck loading and unloading. Lincoln Avenue is a four -lane primary arterial
highway which is 106 feet wide at the Property with no street parking permitted in either
direction along both sides of the street. The nearest on -street parking available for visitors and
service providers is located across Lincoln Avenue from the Property along N. Syracuse Street.
If visitors and/or service providers park along N. Syracuse Street and use the closest cross -walk
to traverse Lincoln Avenue, they would be required to walk from where they park their vehicle
along N. Syracuse Street to Lincoln Avenue and from that point west along Lincoln Avenue
approximately 630 feet to its intersection with Dale Street. From that location, the closest point
of the Property for a pedestrian would be another 1,200 feet (approximate); 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, does find and determine as follows:
1. That the lack of on-site parking for visitors and service providers, including truck
loading and unloading, might cause a potential traffic or safety hazard if visitors, service
providers, including truck loading/unloading, park in locations on-site other than in garages.
Such parking might obstruct vehicular and pedestrian circulation along the drive aisle and/or
designated turnaround area, thereby impeding access for sanitation trucks, paramedics, or fire
engines and obstructing the view of residents driving into and out of their garages or walking
along the drive aisle; and
2. That the lack of street parking adjacent to or in the immediate vicinity of the
Property and the distant location of the nearest on -street parking creates a safety hazard for
visitors and service providers who might be tempted to illegally cross Lincoln Avenue, i.e., jay-
walk, without the benefit of a cross -walk in order to minimize the walking distance from the
nearest location of off-site, on -street parking to the Property; and
3. That the above-described on-site and off-site parking conditions would have an
adverse impact upon public safety for which there is no feasible method to satisfactorily mitigate
or avoid that specific adverse impact without rendering the development unaffordable to very
low, low, lower, or moderate income households; and
- 2 - PC2016-086
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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission, for the reasons hereinabove stated, does hereby deny Miscellaneous Case
No. 2013-00575 and Tentative Tract Map No. 18046.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2016-086
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 October 17, 2016, by the following vote of the
members thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, SEYMOUR
NOES: COMMISSIONERS: HENNINGER, LIEBERMAN
ABSENT: COMMISSIONERS: BOSTWICK
119684
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-086
EXHIBIT "A"
DEV NO. 2013-00028A
APN: 126-022-18
126-022-17
W
U
Q
a U
Ln Q
Z Z
W
Q
J
W LINCOLN AVE W LINCOLN AVE
84'
a
w
z
N
N
N N
O O
84'
W TOLA AVE
Z
Q Q
Q O O
w W
Ln
00 o Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 5 - PC2016-086