Resolution-PC 2022-051
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RESOLUTION NO. PC2022-051
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING TENTATIVE
TRACT MAP NO. 19170 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2021-00023)
(1075-1085 NORTH HARBOR BOULEVARD
AND 523 WEST VICTOR 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. 19170
to establish a 31-unit subdivision for 31 attached single-family homes for that certain real property
generally located on the west side of Harbor Boulevard approximately 150 feet south of Romenya
Drive, commonly referred to as 1075-1085 North Harbor Boulevard and 523 West Victor 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. 19170 is proposed in conjunction with
approval of a conditional use permit to permit the construction of 31 attached single-family
residences. Development Project No. 2021-00023 including the conditional use permit, and
Tentative Tract Map No. 19170, shall be referred to herein collectively as the "Proposed Project";
and
WHEREAS, the Property is approximately 1.75 acres in size and is currently
developed with three commercial buildings. The Land Use Element of the Anaheim General Plan
designates the Property for Low Medium density residential land uses. The Property is located in
the “C-G” General Commercial Zone. The development standards and regulations of Chapter
18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall
apply to the Proposed Project consistent with the General Plan designation for the Property, and
pursuant to the provisions of the State of California’s Housing Accountability Act codified in
Section 65589.5 of the California Government Code; 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 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 Sections 15332 and 15300.2 of the State
CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387);
and
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WHEREAS, on March 14, 2022, the Planning Commission did hold a public hearing
and continued the public hearing to March 28, 2022, 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, 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.
19170, 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 Low Medium density residential
land use designation which provides for development up to 18 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. 19170, including its design and improvements, is consistent with the zoning and
development standards of the “RM-3” Multiple-Family Residential zone, which is
the implementing zone for the Low-Medium density land use designation as required
pursuant to California’s Housing Accountability Act codified in Section 65589.5 of
the California Government Code;
4. The site is physically suitable for the type and density of the Proposed Project in that
the 1.75 acre site allows for the development of the 31-unit attached single-family
residential subdivision in compliance with the RM-3 zone development standards;
5. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19170,
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. 19170
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. 19170,
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
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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. 19170,
contingent upon and subject to the adoption of a resolution approving Conditional Use Permit No.
2021-06117, 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.
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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EXHIBIT “B”
TENTATIVE TRACT MAP NO. 19170
(DEV2021-00023)
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 along Harbor Boulevard and Romneya Drive , as shown
on TTM19170 and in locations listed below:
a) 25.25 feet additional dedication along Harbor Boulevard frontage
to achieve the ultimate half-street width of 60 feet from street
centerline to property line.
b) 12 feet additional dedication along Romneya Avenue frontage to
achieve the ultimate half-street width of 32 feet from street
centerline.
Public Works,
Development Services
2 All existing structures in conflict with the future property lines shall be
demolished. The Owner/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 public streets shall be released and
relinquished by the owner/developer to the City of Anaheim, except at
approved driveway openings, as shown on the Tentative Tract Map
Public Works,
Development Services
4 The Owner/Developer shall pay all applicable development impact fees
required under the Anaheim Municipal Code. Public Works,
Development Services
5 The Owner/Developer shall submit improvement plans for the
construction of required public improvements along the project frontage
of Harbor Boulevard, Romneya Avenue, and Victor Avenue 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 by the owner/developer 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 Owner/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
8 The Owner/Developer 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
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 The Owner/Developer shall provide a Monumentation bond in an amount
specified in writing by a Licensed Land Surveyor of Record. Public Works,
Development Services
10 The Owner/Developer shall comply with all applicable requirements of the
Anaheim Municipal Code. Public Works,
Development Services
11 The Owner/Developer shall design all public improvements in accordance
with City standards and specifications. Public street improvements shall
meet all City standards and requirements.
Public Works,
Development Services
12 The Owner/Developer 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