Resolution-PC 2019-001RESOLUTION NO. PC2019-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17846
(DEV2018-00142)
(1110-1116 NORTH ANAHEIM BOULEVARD AND
115-125 WEST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified petition for the approval of Tentative Tract
Map No. 17846 to construct 162 single-family attached condominium units and 922 square feet of
commercial space (the "Project") on a portion of that certain real property located at 1110-1116
North Anaheim Boulevard and 115-125 West La Palma 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 7 acres in size and is located in the "I"
Industrial Zone, which is a zone under the Anaheim Municipal Code that "provide[s] for and
encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique
and valuable existing industrial land resources, and encourage[s] industrial employment
opportunities within the City", in the "CG" General Commercial Zone, which is a zone under the
Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood
Center Commercial Zone", and also in the "MU" Mixed Use Overlay Zone which is a zone under
the Zoning Code that "define[s] allowable land uses and property development standards,
including intensity of development, for mixed-use areas, in order to produce healthy, safe and
attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the
Anaheim General Plan. The Property is designated on the Land Use Element of the General Plan
for "Mixed Use" uses; and
WHEREAS, on February 9, 2016, the Anaheim City Council, by its Resolution No.
2016-038, did approve Tentative Tract Map No. 17846 to permit a 152 -lot single-family attached
residential subdivision and, by its Resolution No. 2016-039, did approve Tentative Tract Map No.
17992 to permit a 10 -lot single-family attached residential subdivision with 922 square feet of
commercial space (collectively "Approved Project") on a portion of the Property for that certain
real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma
Avenue; and
WHEREAS, on February 9, 2018, Tentative Tract Map No. 17992 and Tentative
Tract Map No. 17846 expired; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 7, 2019 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
Anaheim Municipal 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
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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 Approved Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 325") was prepared
for the Approved Project and includes mitigation measures that are specific to the proposed
Project; and
WHEREAS, by the adoption of Resolution No. 2016-035 and pursuant to the
provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual,
the Anaheim City Council found and determined that the Approved 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 Resolution No. 2016-035 and contained in MMP No.
325 and that the City Council approved and adopted the Mitigated Negative Declaration and MMP
No. 325. Further, there are no changes, new information or circumstances that require subsequent
environmental review at this time pursuant to CEQA Guidelines Section 15032; 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 Tract Map No.
17846, does find and determine and recommends that the City Council so find and determine the
following facts:
1. That the proposed subdivision of a portion of the Property, as shown on proposed
Tentative Tract Map No. 17846, including its design and improvements, is consistent with the
General Plan of the City of Anaheim, and more particularly with the "Mixed Use" land use
designation approved as part of General Plan Amendment No. 2015-00499.
2. That the proposed subdivision of a portion of the Property, as shown on proposed
Tentative Tract Map No. 17846, including its design and improvements, is consistent with the
zoning and development standards of the Mixed Use (MU) Overlay Zone approved as part of
Reclassification No. 2015-00276.
3. That the site is physically suitable for the type and density of that portion of the
proposed Project within the boundaries of proposed Tentative Tract Map No. 17846.
4. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17846, 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.
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5. That the design of the subdivision, as shown on proposed Tentative Tract Map
No. 17846, 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. 17846, 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, based upon the aforesaid findings
and determinations, the Planning Commission does hereby approve Tentative Tract Map No.
17846, subject to 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 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 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 7, 2019. 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.
6HAIRPERSON, PLA ING COMMISSION
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 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 7, 2019, by the following vote of the members
thereof-
AYES:
hereof
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 7' day of January, 2019.
��LGsu� /12� .d
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00142
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W LA PALMA AVE E LA PALMA AVE
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17846
(DEV2018-00142)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
The Developer shall acquire in fee (or as approved by City Engineer) from
Public Works
the legal owner that portion of land that is in excess outside of the ultimate
Department,
street right-of-way for La Palma Avenue and Anaheim Boulevard for the
Development Services
entire frontage of the project along these streets. Then, the legal owner shall
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irrevocably offer to dedicate to the City of Anaheim ultimate right-of-way
easements as required by the traffic study and/or City Standard 160-A for
road, public utilities and other public purposes along La Palma Avenue and
Anaheim Boulevard for the entire frontage of the project along these streets.
2
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, including compliance with
Development Services
approved Water Quality Management Plan, and a maintenance exhibit.
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Maintenance responsibilities shall include parkway landscaping and
irrigation on Anaheim Blvd and La Palma Avenue. The maintenance
covenant for Tentative Tract Map 17846 shall include provisions for
annexation of Tentative Tract Map 17992 maintenance obligations into its
CC&R's. The covenants shall be recorded concurrently with their respective
final map.
3
Street improvement plans shall be submitted for all required public works
Public Works
improvements; including traffic signal and related improvements, striping,
Department,
storm drain, sewer, landscape and irrigation improvements, in La Palma
Development Services
Avenue and Anaheim Blvd to the Public Works Department/Development
Division
Services. A bond shall be posted in an amount approved by the City
Engineer and in a form approved by the City Attorney prior to final map
approval. The improvements shall be constructed prior to final building and
zoning inspections.
4
The portions of public right-of-way including "Old Anaheim Blvd" "New
Public Works
Anaheim Blvd" and "Zeyn" within the tentative tract map boundary shall be
Department,
abandoned. The legal property owner shall submit an abandonment
Development Services
application to Public Works for review. The abandonment will be subject to
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approval by the Anaheim City Council.
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 public
Department,
and private utilities and temporary construction easements within the
Development Services
boundaries of both maps.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The property owner and City shall execute a Put Option, Purchase
Public Works
Agreement ("Agreement") with provisions acceptable to the Director of
Department,
Public Works; this Agreement will require the developer to purchase certain
"subject
Development Services
remnant parcels to certain governmental approvals" upon the City's
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exercise of the option. The Agreement is subject to approval by the
Anaheim City Council.
7
Prior to City's execution of a Put Option, Purchase Agreement and prior to
Public Works
issuance of a grading permit for work to be done on land under the
Department,
jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim
Development ServicesRedevelopment
Agency ("Successor Agency"), the property owner and
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Successor Agency shall execute a Right of Entry allowing entry upon the
Successor Agency's property adjacent to the project site with provisions
acceptable to Successor Agency's Executive Director.
8
The preliminary precise alignment shall be finalized and approved by the
Public Works
City Engineer.
Department,
Development Services
Division
9
The legal property owner shall execute a Subdivision Agreement, in a form
Public Works
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
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approved by the City Attorney and City Engineer and then shall be recorded
in the Office of the Orange County Recorder.
10
All parcels shall be assigned street addresses by the Building Division.
Public Works
Department,
Development Services
Division
11
All existing structures shall be demolished. The developer shall obtain a
Public Works
demolition permit from the Building Division.
Department,
Development Services
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
12
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,
actions or proceedings brought against Indemnities to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnities concerning this permit
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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.
13
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.
14
The applicant is responsible for paying all charges related to the processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
planning Services
whichever occurs first. Failure to pay all charges shall result in delays in
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the issuance of required permits or may result in the revocation of the
approval of this application.
15
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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