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Resolution-PC 2017-087RESOLUTION NO. PC2017-087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2017-120 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00088) (901 EAST SOUTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2017-120 to establish a 4 -lot residential subdivision for conveyance purposes of certain real property located at 901 East South Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 20.66 acres in size and is currently improved with industrial buildings. The Property is located in the "I" Industrial Zone, which is a zone under the Zoning Code. The Property is also located within the Residential Opportunity (RO) Overlay Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of the General Plan for "Low -Medium Density Residential" and "Medium Density Residential" uses; and WHEREAS, the applicant requests a tentative parcel map in order to establish a 4 - lot subdivision for conveyance purposes on the Property concurrent with its request for approval of Conditional Use Permit No. 2017-05909 and Vesting Tentative Tract Map No. 18101. Conditional Use Permit No. 2017-05909, Tentative Tract Map No. 18101, and Tentative Parcel Map 2017-120 are referred to herein collectively as the "Proposed Project" (the "Proposed Project"); and WHEREAS, on November 29, 2017, 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 said proposed Tentative Parcel Map 2017-120, Conditional Use Permit No. 2017-05909, and Vesting Tentative Tract Map No. 18101 and to investigate and make findings and recommendations in connection therewith; 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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and - 1 - PC2017-087 WHEREAS, in May 2004, the City Council certified the General Plan and Zoning Code Update Program EIR No. 330 (EIR 330), which evaluated impacts associated with implementation of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring Program No. 122 to mitigate those impacts. The project site was designated for Low - Medium Density Residential land use as a part of the update; and WHEREAS, in September 2013, the City Council certified Supplemental Environmental Impact Report No. 346 (SEIR 346) for the Anaheim Housing Opportunities Site Rezoning. The City approved Mitigation Monitoring Program No. 122A as part of SEIR 346. SEIR 346 supplemented EIR 330 in the areas of air quality, greenhouse gas emissions, noise, and transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014 General Plan Housing Element by rezoning the properties identified as Housing Opportunities Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed "by -right" housing development at these locations by applying one of two overlay zones to these properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone. The project site was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and WHEREAS, a streamlined review checklist was prepared pursuant to Section 15183.3 of the California Environmental Quality Act Guidelines to determine whether the project would have any significant effects that the City, as Lead Agency, did not previously disclose in Environmental Impact Report Nos. 330 and 346 pursuant to Public Resources Code Section 21094.5; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, mitigation measures from Mitigation Monitoring Program No. 122A that are specific to the Proposed Project mitigation measures are reflected in Mitigation Monitoring Plan No. 349 (herein referred to as "MMP 349"). A complete copy of MMP 349 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 29, 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, after examining the Infill Streamlining Checklist, and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission finds and determines and that with implementation of MMP 349 and uniformly applicable development policies and standards, the Proposed Project will not cause any new specific effects or more significant effects and no additional environmental review is required; and that; and WHEREAS, the 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 Parcel Map No. 2017-120, does find and determine and recommends that the City Council so find and determine the following facts: - 2 - PC2017-087 1. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel Map No. 2017-120, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low -Medium Density Residential" and "Medium Density Residential" land use designations. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Parcel Map No. 2017-120, including its design and improvements, is consistent with the zoning and development standards of the "RM -4" Multiple Family Residential Zone and the regulations contained in Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) of the Code. 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 Parcel Map No. 2017-120, 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 Parcel Map No. 2017-120, 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 Parcel Map No. 2017-120, 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, 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, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Infill Streamlining Checklist, EIR 330, SEIR 346, and the evidence received to date, does determine as follows: 1. That the Infill Streamlining Checklist was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Infill Streamlining Checklist, no additional environmental review is required as the Proposed Project will not cause any new specific effects or more significant effects, or uniformly applicable development policies and standards will substantially mitigate such effects; specifically: -3 - PC2017-087 (a) There have not been any substantial changes in any of the entitlements that were analyzed in EIR 330 and SEIR 346 that require major revisions of EIR 330 or SEIR 349 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of EIR 330 and SEIR 346 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR 330 and SEIR 346 were certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in EIR 330 and SEIR 346; (ii) Significant effects previously examined will be substantially more severe than shown in EIR 330 and SEIR 346; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in EIR 330 and SEIR 346 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that EIR 330 and SEIR 346, together with the Infill Streamlining Checklist, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 349 ("MMP 349"), which was prepared for the Proposed Project and reflects mitigation measures from EIR 330 and SEIR 346 that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures and uniformly applicable development policies and standards, the Proposed Project will not cause any new specific effects or more significant effects. 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 4 -lot subdivision for conveyance purposes, does find and determine the following facts: - 4 - PC2017-087 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential and Medium Density Residential land use designations in the Anaheim General Plan and the development standards contained in the "RM -4" Multiple -Family Residential Zones in that the proposed parcel map will create four lots which do not grant any future development potential. The proposed lots are consistent with the proposed zoning and the existing General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed subdivision in that the conveyance map would not grant any future development potential. 3. The design of the subdivision, with the conditions imposed, 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 in that no environmental impacts are anticipated because the conveyance map does not grant any future development potential. 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 and other related Code requirements in that the future demolition, removal of structures, and future development will be subject to all City code requirements for demolition and construction. 5. The design of the subdivision or the type of improvements will not conflict with casements, acquired by the public at large, for access through or use of property within the proposed subdivision in that the parcel map is conditioned to be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. 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 the Planning Commission does hereby approve Tentative Parcel Map No. 2017-120, subject to and contingent upon 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 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. - 5 - PC2017-087 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 November 29, 2017. 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 - 6 - PC2017-087 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 November 29, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29t" day November, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2017-087 EXHIBIT "A" DEV NO. 2016-00088 APN: 037-271-24 037-130-29 E SRNTR RNR 5'� 562 O m `tet Y „t O O W pi ER ST E V R�ENGIA SZ u~ 0 m A a 562 m E S�USN 5Z Oo s�o ioo Source: Recorded Tract Maps and/or City GIS. reec Please note the accuracy is +/- two to five feet. - 8 - PC2017-087 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2017-120 (DEV2016-00088) - 9 - PC2017-087 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL PRIOR TO PARCEL MAP APPROVAL 1 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim, for road, public utilities and other public purposes, the right -of- Public Works way easements 32 feet from the Centerline of Santa Ana Street and South Department, Street to the Ultimate right of way. Development Services Division 2 Prior to parcel map approval, all existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Public Works Division. Department, Development Services Division 3 An improvement certificate shall be placed on the parcel map to indicate that all street improvements along Santa Ana Street and South Public Works Street per Public Works Standard Detail 160-A shall be constructed Department, prior to final building and zoning inspections as directed by the City Development Services Engineer for future building or grading site development plans. Division 4 An improvement certificate shall be placed on the final map to indicate that all required public sewer and storm drain improvements shall be Public Works constructed prior to final building and zoning inspections as directed by Department, the City Engineer for future building or grading site development plans. Development Services Division 5 The vehicular access rights to South Street and Santa Ana Street shall Public Works be released and relinquished to the City of Anaheim, except at approved Department, street openings. Development Services Division 6 The parcel map shall be submitted to the City of Anaheim, Public Public Works Works Development Services Division and to the Orange County Department, Surveyor for technical correctness review and approval. Development Services Division 7 Provide a Monumentation bond in an amount specified in writing by a Public Works Licensed Land Surveyor of Record. Department, Development Services Division - 9 - PC2017-087 - 10 - PC2017-087 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8 Comply with all applicable requirements of the Anaheim Municipal Public Works Code. Department, Development Services Division GENERAL 9 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and Building individually and collectively as "Indemnitees") from any and all claims, Department, actions or proceedings brought against Indemnitees to attack, review, Planning Services set aside, void, or annul the decision of the Indemnitees concerning this Division 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. 10 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 issuance of the final invoice or prior to the issuance of building permits Department, for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 11 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department. Planning Services Division - 10 - PC2017-087