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Resolution-PC 2017-059RESOLUTION NO. PC2017-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18097 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00100) (2730 WEST BALL ROAD) 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. 18097 to permit a 1 -lot, 41 -unit condominium subdivision of that certain real property located at 2730 West Ball Road 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") to pen -nit the construction of 42 single-family attached residential units (the "Project"); and WHEREAS, the 1.78 -acre project site consists of one parcel developed with a single family home and is zoned "T" Transition Zone, is within the "R -O" Residential Opportunity Overlay Zone, and designated for Medium Density Residential land uses by the General Plan, and is therefore subject to the "RM -4" Multiple Family Residential Zone standards; and WHEREAS, Tentative Tract Map No. 18097 is proposed in conjunction with Conditional Use Permit No. 2017-05917, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 26, 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 the Planning Commission continued this item to the July 10, 2017 meeting; 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 (Title 14 of the California Code of Regulations; 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, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2017-059 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. 18097, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18097, including its design and improvements, is consistent with the General Plan land use designation of Medium Density Residential. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18097, including its design and improvements, is consistent with the zoning and development standards of the "RM -4" Multiple -Family Residential Zone. 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. 18097, and with the conditions imposed, 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. 18097, and with the conditions imposed, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision or the type of improvements, as shown on proposed Tentative Tract Map No. 18097 and with the conditions imposed, 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. 18097, contingent upon and subject to: (1) a resolution approving Conditional Use Permit No. 2017- 05917, and (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 - 2 - PC2017-059 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 10, 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 -3 - PC2017-059 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 July 10, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 10'" day of July, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-059 EXHIBIT "A" DEV NO. 2016-00100 APN: 126-310-10 J_ LU W S Ln V1 W BALL RD 28- 105' o: U z O Cr d S of ih m rn O LO co F- LQ LL LL Or Q 128' un LOLA AVE L19 o � � LL LL W O S V 0 l/1 d V � ca C %ter Source: Recorded Tract Maps and/or City GIS. FEEL Please note the accuracy is +/- two to five feet. - 5 - PC2017-059 EXHIBIT "B" TENTATIVE TRACT MAP NO. 18097 (DEV2016-00100) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP RECORDATION 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim, an easement for road, public utilities and other public purposes Department, at the following locations: Development Services - Macduff Street to the ultimate half right of way width of 30 -ft from the Division CL east; - Corner cut-off at Macduff Street and Ball Road. 2 The vehicular access rights to Ball Road shall be restricted and relinquished Public Works to the City of Anaheim. Department, Development Services Division 3 The developer shall submit improvement plans, for the construction of Public Works required public improvements, to the Public Works Development Services Department, Division for review, approval, and to determine the bond amounts. Development Services Division 4 The final map shall be submitted to the City of Anaheim, Public Works Public Works Development Services Division and to the Orange County Surveyor for Department, technical correctness review and approval. Development Services Division 5 The developer shall execute a maintenance covenant with the City of Public Works Anaheim in a form that is approved by the City Engineer and the City Department, attorney for the private improvements including but not limited to private Development Services utilities, drainage devices, parkway landscaping and irrigation, private drives Division and private street lights, etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the Final Map. 6 The applicant shall execute a Subdivision Agreement and submit security in Public Works an amount acceptable to the City Engineer to guarantee construction of the Department, public improvements required herein. Security deposit shall be in accordance Development Services to City of Anaheim Municipal Code. The agreement shall be recorded Division concurrently with the Final Map. - 6 - PC2017-059 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The developer shall provide a Monumentation bond in an amount specified Public Works in writing by a Licensed Land Surveyor of Record. Department, Development Services Division 8 The developer shall pay all applicable development impact fees required Public Works under the Anaheim Municipal Code. Department, Development Services Division 9 The developer shall comply with all applicable requirements of the Anaheim Public Works Municipal Code. Department, Development Services Division 10 All lots and condominium units shall be assigned street addresses by the Planning and Building Planning/Building Division. Department GENERAL 11 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. 12 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 Planning Services issuance of building permits shall be provided on plans submitted for Division 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. - 7 - PC2017-059 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 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 Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 14 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 - 8 - PC2017-059