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Resolution-PC 2021-039 - 1 - PC2021-039 RESOLUTION NO. PC2021-039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17944 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00139) (910 SOUTH WESTERN 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 Mo. 17944 to establish a 12-unit subdivision for 12 detached single-family homes for that certain real property located 280 feet north of the intersection with Ball Road, on the eastern side of South Western Avenue and commonly referred to as 910 South Western 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. 17944 is proposed in conjunction with (i) a zoning code amendment to amend Anaheim Municipal Code Section 18.04.020 (Intent of Individual Zones) to clarify that the “RS-4” Single-Family Residential Zone may be used to implement the Corridor Residential General Plan land use designation for projects with proposed densities that are no greater than 13 dwelling units per acre, (ii) approval of a reclassification to reclassify the property from the “T” Transition zone to the “RS-4” Single Family Residential Zone, and (iii) approval of a conditional use permit to permit the construction of 12 detached single- family residences. Development Project No. 2019-00139 including the zoning code amendment, reclassification, conditional use permit, and Tentative Tract Map No. 17944, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 1.36 acres in size and is currently vacant, and is located in the "T" Transition zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Project qualifies for a Class 32 – In -Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Section 15332 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 2021, 5:00 p.m., notice of said public hearing having been - 2 - PC2021-039 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, 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. 17944, does find and determine the following facts: 1. The proposed subdivision of the Property is consistent with the General Plan of the City of Anaheim, and more particularly with the Corridor Residential land use designation which provides for development on minimum one-acre sites for housing opportunities along the City’s arterial corridors up to 13 dwelling units per acre; 2. The proposed design and improvements of the subdivision is consistent with the General Plan of the City of Anaheim including street and utility improvements; 3. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17944, including its design and improvements, is consistent with the zoning and development standards of the “RS-4” Single-Family Residential Zone proposed; 4. The site is physically suitable for the type and density of the Proposed Project in that the 1.39 acre site allows for the development of the 12-lot small lot subdivision in compliance with the RS-4 Zone development standards; 5. The design of the subdivision, as shown on proposed Tentative Tract Map No. 17944, 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; 6. The design of the subdivision, as shown on proposed Tentative Tract Map No. 17944 or the proposed improvements is not likely to cause serious public health problems; 7. The design of the subdivision, as shown on proposed Tentative Tract Map No. 17944, or the proposed 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 negate 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. 17944, contingent upon and subject to: (1) the adoption of an ordinance by the City Council approving - 3 - PC2021-039 the zoning code amendment; (2) the adoption of an ordinance by the City Council approving Reclassification No. 2019-00325; (3) the adoption of a resolution approving Conditional Use Permit No. 2019-06039, now pending; and (4) 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. - 6 - PC2021-039 - 7 - PC2021-039 EXHIBIT “B” TENTATIVE TRACT MAP NO. 17944 (DEV2019-00139) 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 Anaheim, for road, public utilities and other public purposes, the right-of- way easements described below: a) 7 ft. in width on Western Avenue. b) Corner cutback along the entrance on Western Avenue. Public Works, Development Services 2 All existing structures in conflict with the future property lines shall be demolished. The developer shall obtain a demolition permit from the Building Division prior to any demolition work. Public Works, Development Services 3 The vehicular access rights to Western Avenue shall be restricted and relinquished to the City of Anaheim. Public Works, Development Services 4 The developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works, Development Services 5 The developer shall submit improvement plans, for the construction of required public improvements, to the Public Works Development Services Division for review, approval, and to determine the bond amounts. Public Works, Development Services 6 The final map shall be submitted to the City of Anaheim, Public Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval. Public Works, Development Services 7 The developer shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to the City’s storm drain system. The agreement shall be recorded concurrently with the Final Map. Public Works, Development Services 8 The developer shall execute a maintenance covenant with the City of Anaheim in a form that is approved by the City Engineer and the City 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. Public Works, Development Services 9 The property owner/developer shall vacate all existing easements in conflict with proposed improvements. Public Works, Development Services 10 The applicant shall execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the 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. Public Works, Development Services - 8 - PC2021-039 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 Provide a Monumentation bond in an amount specified in writing by a Licensed Land Surveyor of Record. Public Works, Development Services 12 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 13 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees 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 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. Planning and Building Department, Planning Services Division