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Resolution-PC 2021-016RESOLUTION NO. PC2021-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19022 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00278) (100-130 SOUTH BEACH BOULEVARD AND 2952-2970 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. 19022 to establish a three -lot subdivision to include one lot with 134 "airspace" condominium lots for that certain real property located on the southeast corner of Lincoln Avenue and Beach Boulevard, and commonly referred to as 100-130 South Beach Boulevard; and 2952-2970 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, Tentative Tract Map No. 19022 is proposed in conjunction with a request for a (i) a Final Site Plan and Miscellaneous Permit for a horizontal mixed-use project consisting of 134 single-family attached residences (condominiums) with ten percent of the units affordable to moderate income buyers and a Tier II Development Incentive to permit reduced building -to -building setbacks; 100 affordable multiple -family attached units (apartments) affordable to residents of various levels of income; and 5,000 square feet of commercial/retail space; and (ii) a conditional use permit to permit the relocation of an existing telecommunications antenna that would exceed the height limit. Final Site Plan No. 2020-00003, Miscellaneous Permit No. 2020-00746, Conditional Use Permit No. 2021-06102, and Tentative Tract Map No. 19022, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 7.27 acres in size and a portion is currently developed with commercial uses, and a portion is currently vacant land, and is located in the "MU -H" Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zone (BBSP). The Anaheim General Plan designates the Property for Mixed -Use High land uses; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing and in-person public hearing at the Civic Center in the City of Anaheim on April 26, 2021, 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 - 1 - PC2021-016 WHEREAS, on December 18, 2018, the City Council adopted Resolution No. 2018- 146 approving the Beach Boulevard Specific Plan No. 2017-1 to provide for the establislunent of a community -driven vision supported by new development standards, permitted and prohibited uses, design guidelines, sustainable practices, economic development incentives, and capital improvements that improve the quality of life for all future users of the corridor; and WHEREAS, in connection with adoption of Specific Plan No. 2017-1 (Beach Boulevard Specific Plan), the City Council adopted Resolution No. 2018-144 certifying Final Environmental Impact Report No. 350 ("FEIR No. 350"), with a Statement of Overriding Considerations, and adopting Mitigation Monitoring Program No. 342, and WHEREAS, Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017- 1) Zoning and Development Standards) prescribes the methods and procedures for implementation of the Beach Boulevard Specific Plan, which for the Proposed Project requires the processing and approval of a Final Site Plan in accordance with Chapter 18.70 (Final Site Plans) of Title 18 (Zoning) of the Code prior to the issuance of building permits; 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of 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, the Planning Commission finds and determines that this project is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15162. This exemption consists of projects undertaken pursuant to and in conformity to the specific plan where an Environmental Impact Report (EIR) was previously prepared. As such, the proposed project meets the criteria for exemption; 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. 19022, does find and determine and recommends that the City Council so find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19022, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed -Use High" land use designation, because the Proposed Project will consist of a maximum density of 55.6 dwelling units per acre (apartments) which is permitted under the Mixed -Use High land use designation, which allows up to 60 dwelling units per acre. - 2 - PC2021-016 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19022, including its design and improvements, is consistent with the zoning and development standards of the "MU -H" Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zone (BBSP) contained in Chapter 18.122) of the Code, because the project will comply with applicable development standards and include approval of a Tier Two Development incetive for a reduced buiding to building setback, now pending. 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. 19022, 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, because the Draft EIR No. 350 determined that there will be no significant impacts to the environment as a result of the Proposed Project. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19022, 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. 19022, 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. and; 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 approve Tentative Tract Map No. 19022, contingent upon and subject to: (1) the adoption by the Planning Commission of (i) a resolution approving Final Site Plan No. 2020-00003, and Miscellaneous Permit No. 2020-00746, and Conditional Use Permit No. 2021-06102 all of which entitlements are now pending; and 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. - 3 - PC2021-016 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 26, 2021. 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. G '; A ER N, PLANNING C GVIMISSION OF THE CITY OF ANAHEIM ATTEST: -X� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2021-016 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 April 26, 2021, by the following vote of the members thereof.- AYES: hereof AYES: COMMISSIONERS: KEYS, KRING, MEEKS, MULLEADY, VADODARIA NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS PEREZ IN WITNESS WHEREOF, I have hereunto set my hand this 26`i' day of April, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2021-016 EXHIBIT "A" DEN' NO. 20204)0278 nPN:126.602-02 126-602-04 126-602.22 126-602-29 126-602-31 126-602-33 4V LINCOLN AVE LN LINCOLN AVE 126-602-35 sas ul F v, P c � x un m Z :til EMBASSY AVE Q to Gi w L 3 4 m,^ x 4 v9 a.�0 4, Say+ce f4_-,::Ou¢ea tract map!$ anG+rr cit, GIS -ta acaar+ 'w -0 fiu@'fee., - 6 - PC2021-016 EXHIBIT "B" TENTATIVE TRACT MAP NO. 19022 (DEV2021-00278) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim, for road, public utilities and other public purposes, the right -of- Development Services way casements described below: 1. 7 ft. in width on Lincoln Avenue 2. Comer cutback at Lincoln Avenue/Laxore Street and Laxore Street/Embassy Avenue 2 All existing structures in conflict with the future property lines shall be Public Warks, demolished. The developer shall obtain a demolition permit from the Development Services Building Division prior to any demolition work. 3 The vehicular access rights to Laxore Street shall be restricted and Public Works, relinquished to the City of Anaheim. Development Services 4 The developer shall pay all applicable development impact fees required Public Works, under the Anaheim Municipal Code. Development Services 5 The developer shall submit improvement plans, for the construction of Public Works, required public improvements, to the Public Works Development Services Development Services Division for review, approval, and to determine the bond amounts. 6 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 Development Services technical correctness review and approval. 7 The developer shall execute a Save Harmless Agreement with the City of Public Works Anaheim for any storm drain connections to the City's storm drain system. Development Services The agreement shall be recorded concurrently with the Final Map. S 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 Development Services attorney for the private improvements including but not limited to private utilities, drainage devices, parkway landscaping and irrigation, 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. 9 Vacate all existing easement in conflict with proposed improvements. Public Works, Development Services - 7 - PC2021-016 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 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 Development Services public improvements required herein. Security deposit shall be in accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. 11 Provide a Monumentation bond in an amount specified in writing by a Public Works, Licensed Land Surveyor of Record. Development Services 12 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services - S - PC2021-016