TENTATIVE TRACT MAP NO. 18104 RESOLUTION NO. CITY OF ... · WHEREAS, Tentative Tract Map No. 18104 is proposed in conjunction with a request (i) to amend the Land Use Element of the

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VESTING

TENTATIVE TRACT MAP NO. 18104

(DEV2017-00039)(6501-6513 EAST SERRANO 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. 18104 to establish a 1-lot, 58-unit attached residential subdivision for that certain real property located at the the northeast corner of Serrano Avenue and Nohl Ranch Road and commonly referred to as 6501-6513 East Serrano 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. 18104 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re-designate the Property from "Neighborhood Center" to "Low-Medium Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2017-00515, (ii) approval of Reclassification No. 2017-00309 to reclassify the property from the “C-G” General Commercial Zone to the “RM-3” Multiple-Family Residential Zone, (iii) approval of a conditional use permit to permit the construction of 58 attached single family residences with modified development standards and Tier II Density Bonus incentives, which is designated as "Conditional Use Permit No. 2017-05931" and Miscellaneous Case No. 2017-00654 (iv) Specimen Tree removal Permit No. 2018-00006 to remove Pepper Trees in the Scenic Corridor Overlay Zone. General Plan Amendment No. 2017-00515, Reclassification No. 2017-00309, Conditional Use Permit No. 2017-05931, Miscellaneous Case No. 2017-00654, Specimen Tree Removal Permit No. 2018-00006 and Tentative Tract Map No. 18104, shall be referred to herein collectively as the "Proposed Project"; and

WHEREAS, the Property is approximately 3.03 acres in size and 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. The Property is designated on the Land Use Element of the General Plan for "Neighborhood Center" 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 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, 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

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Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and

WHEREAS, a Notice of Preparation (“NOP”) for Draft EIR No. 351 was distributed to the public on December 13, 2018. The public review period for the initial study ended on January 14, 2019. The City held a public scoping meeting on January 7, 2019 to provide members of the public with an opportunity to learn about the Proposed Project, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 351; and

WHEREAS, Draft EIR No. 351 was made available for a 45-day public review period from July 19, 2019 to September 3, 2019. The Notice of Availability (“NOA”), which also included noticing for a public hearing before the Planning Commission and a tentative date for a public hearing before the City Council to review and consider the Draft EIR No. 351 and the Project Project, was sent to a list of interested persons, agencies and organizations, as well as property owners within the within a 1,000-foot radius of the Proposed Project. The Notice of Completion (“NOC”) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk-Recorder’s office on July 19, 2019. Copies of Draft EIR No. 351 were made available for public review at the City of Anaheim Planning and Building Department, Anaheim Central Library, Haskett Library and has been available for download via the City’s website; and,

WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the City prepared or caused to be prepared prior to the City Council Public Hearing to consider the Planning Commission's recommendations and the Proposed Actions, Findings of Fact and Mitigation Monitoring Program No. 359 relating to EIR No.351; and

WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR No. 351 will consist of Draft EIR No. 351; comments and recommendations received on Draft EIR No. 351 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 351; and the responses of the City, as lead agency, to significant points raised in the review and consultation process; and Mitigation Monitoring Program No. 359; and

WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 28, 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 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, upon receipt of Planning Commission Resolution No. PC2019-045 denying General Plan Amendment No. 2017-00515, a summary of evidence and a report of the findings and recommendations of the Planning Commission, and after receiving an appeal of the Planning Commission’s decision on November 7, 2019 from the project applicant, the City Council did fix the 17th day of December, 2019, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law, and continued the hearing to January 14, 2020, at which time all interested persons were given

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an opportunity to be heard and, after all public testimony was received, discussion and deliberation by City Council on the Proposed Project were continued to January 28, 2020; and

WHEREAS, the City Council, 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. 18104, does find and determine the following facts:

1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18104, 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" land use designation proposed as part of General Plan Amendment No. 2017-00515, now pending.

2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18104, including its design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple Family Residential Zone contained in Chapter 18.06) 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 Tract Map No. 18104, 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 Tract Map No. 18104, 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. 18104, 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 City Council 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. The City Council 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 recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 18104, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2017-00515; an ordinance approving Reclassification No. 2017-00309, all of which entitlements are now pending; the mitigation measures set forth in MMP 359; 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

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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 City Council 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 by the City Council of the City of Anaheim this ____ day of ______________, 2020, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM

MAYOR OF THE CITY OFANAHEIMATTEST:

______________________________________________CITY CLERK OF THE CITY OF ANAHEIM

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EXHIBIT “B”

TENTATIVE TRACT MAP NO. 18104(DEV2017-00039)

NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT

PRIOR TO APPROVAL OF THE FINAL MAP

1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 39-foot in width from street centerline of Serrano Avenue and a corner cut-off dedication at Nohl Ranch Road and Serrano Avenue for road, public utilities, and other public purposes. The corner cut-off dedication shall be in compliance with City Standard 110-B.

Public Works, Development Services

2 The property owner shall dedicate to the City sidewalk and curb ramp easements to provide accessible path of travel (4-ft.) around existing and proposed obstructions (i.e. street lights, etc.) and existing and proposed driveway approach locations along Nohl Ranch Road and Serrano Avenue to the satisfaction of the City Engineer, as needed.


3 The owner shall apply for and obtain vacation of the existing easements on site that are in conflict with the proposed permanent structures. Public Works,

Development Services

4 The legal property owner shall submit to Public Works, Development Services Division for review and approval of the City Council, the Abandonment application and appraisal of certain public ROW to be abandoned at the corner of Nohl Ranch Rd. and Serrano Avenue. The Abandonment shall be completed prior to recordation of the Final Map.


5 The developer shall post a Monumentation bond in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works,


6 Tract Map No. 18104 shall be approved, in substantial conformance with Planning Commission resolution for this project. Public Works,


7 All condominium units shall be assigned addresses by the Planning/Building Division. Public Works,


8 The project shall relinquish street access to Nohl Ranch Road and Serrano Avenue except at approved driveway locations. Public Works,


9 A maintenance covenant shall be submitted to the Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, paseos, private drives, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer, landscaping and irrigation, paseos, and the


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private drives. The covenant shall be recorded concurrently with the final map.

10 The developer shall submit street improvement plans, obtain a right of way construction permit, and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required off-site and public improvements within the City street right of way of Nohl Ranch Road and Serrano Avenue. Improvements shall conform to City of Anaheim Public Works requirements, approved traffic study requirements, and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. Developer shall be responsible for any utility relocations in the right-of-way that are required to be relocated to accommodate the project as proposed, and any utility relocation shall be in conformance with the pertinent Public Utility requirements, standards, and permits. If there will be multiple street utility cuts, then the entire street shall be resurfaced via 2” grind and cap from edge of gutter to edge of gutter or to centerline/median. Limits to be determined by the Public Works Inspector.


11 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council.

Planning and Building Department,

Planning Services Division

12 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc.



13 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.



14 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as


Planning Services

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conditioned herein. Division

Documents

TENTATIVE TRACT MAP NO. 18104 RESOLUTION NO. CITY OF ... · WHEREAS, Tentative Tract Map No. 18104 is proposed in conjunction with a request (i) to amend the Land Use Element of the