Resolution-PC 2017-020RESOLUTION NO. PC2017-020
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18046
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00136)
(2726 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. 18046
to construct 34 single-family, attached condominium units (the "Project") 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 Property is approximately 1. 17 acres in size and is located in the "RM -
4" Multiple -Family Residential Zone. The Property is designated on the Land Use Element of
the General Plan for "Medium Density Residential" land uses; and
WHEREAS, Tentative Tract Map No. 18046 is proposed in conjunction with Variance
No. 2016-05083, now pending, which, together with the Project, shall be referred to herein
collectively as the "Proposed 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, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 32 — In -fill Development projects) which consists of in-
fill development meeting the conditions described in Section 15332 of the CEQA Guidelines;
that is, (a) the project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations, (the proposed
development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or
threatened species, (d) approval of the project would not result in any significant effects relating
to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all
required utilities and public services. The Planning Commission finds and determines that the
Property is located within an "urbanized area", as that term is defined in Section 15387 of the
CEQA Guidelines, and meets the aforementioned conditions and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 23, 2017, 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, 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. 18046, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18046, including its design and improvements, is consistent with the General
Plan land use designation of Medium Density Residential.
2. That the site is physically suitable for the type and density of the Proposed
Project.
3. That the design and improvement of the subdivision, as shown on proposed
Tentative Tract Map No. 18046, 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 and improvement of the subdivision, as shown on proposed
Tentative Tract Map No. 18046, is not likely to cause serious public health problems.
5. That the design of the subdivision and improvement, as shown on proposed
Tentative Tract Map No. 18046, 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, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 18046,
contingent upon and subject to: (1) the adoption by the Planning Commission of (i) a resolution
approving and adopting Variance No. 2016-05083; and (ii) 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
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 23, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 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 23, 2017, by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January,
Z�n � (
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00136
APN: 126-022-18
126-022-17
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 18046
(DEV2016-00136)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
Prior to final map approval, all existing structures shall be demolished.
Public Works
The developer shall obtain a demolition permit from the Building
Department,
Division.
Development Services
Division
2
The vehicular access rights to Lincoln Avenue shall be released and
Public Works
relinquished to the City of Anaheim, except at approved private street
Department,
openings.
Development Services
Division
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 street,
Development Services
private sewer, and private storm drain improvements; compliance with
Division
approved Water Quality Management Plan; and a maintenance exhibit.
Maintenance responsibilities shall include all drainage devices, parkway
landscaping and irrigation on Lincoln Avenue. The covenant shall be
recorded concurrently with the final map.
4
The legal property owner shall post a security and execute a Subdivision
Public Works
Agreement to complete the required public improvements at the legal
Department,
owner's expense in an amount approved by the City Engineer and in a
Development Services
form approved by the City Attorney. Said agreement shall be submitted to
Division
the Public Works Department, Subdivision Section for approval by the
City Council.
5
The property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim an easement 60 feet in width from the centerline of the street
Department,
along Lincoln Avenue for street widening purposes.
Development Services
Division
6
That prior to final map approval, street improvement plans shall be
Public Works
submitted for improvements along the frontage of Lincoln Avenue.
Department,
Improvements shall conform to the City Standards and as approved by the
Development Services
City Engineer. Parkway landscaping and irrigation shall be installed on the
Division
public street with the irrigation connected to the on-site irrigation system
and maintained by the property owner. Also, the plans shall include all
required drainage improvements and the mechanisms proposed in the
approved Drainage Report. No offsite run-off shall be blocked during and
after ading operations or perimeter wall construction.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The applicant shall submit draft Covenants Conditions & Restrictions
Planning and Building
(CC&Rs) for review and approval by the Director of Planning and
Department,
Building and the City Attorney, which shall be recorded concurrently with
planning Services
the Final Map, and which will generally provide a provision that residents
Division
shall park only operable vehicles with the private garages, and that the
garages shall not be used for general storage that would prohibit the
parking of two vehicles.
GENERAL
8
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
Division
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.
9
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
Planning Services
this project, whichever occurs first. Failure to pay all charges shall result
Division
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 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
planning Services
conditioned herein.
Division
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