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RES-2015-153 RESOLUTION NO. 2015 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17819 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2014- 00033) (2848 AND 2901 -2905 EAST SOUTH STREET) 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. 17819 to establish a 20 -unit, detached, small -lot residential subdivision (the "Project ") for that certain real property located at 2848 and 2901 -2905 East South Street in the City of Anaheim, 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 3.4 acres in size and is located, in part, in the "RS -3" Single - Family Residential Zone and, in part, in the "T" Transition Zone. Portions of the Property are designated on the Land Use Element of the General Plan for "Open Space" land uses, "Parks" uses, and "Low Density Residential" land uses; and WHEREAS, Tentative Tract Map No. 17819 is proposed in conjunction with a request: (i) to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re- designate those portions of the Property designated as "Open Space" and "Parks" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses, which is designated as "General Plan Amendment No. 2014- 00497 ", (ii) to rezone or reclassify the Property from the "RS -3" Single - Family Residential Zone and the "T" Transition Zone to the "RS -4" Single - Family Residential Zone, which reclassification is designated as "Reclassification No. 2014- 00272 ", (iii) for approval of a conditional use permit to penuit development of the Project with modified development standards, which is designated as "Conditional Use Permit No. 2014 - 05769 ", and (iv) for approval of a variance to permit the construction of driveway lengths less than required by the Zoning Code and a deviation from the City's private street standard pertaining to parkway widths, which is designated as "Variance No. 2014 - 05004 "; and WHEREAS, General Plan Amendment No. 2014 - 00497, Reclassification No. 2014- 00272, Conditional Use Permit No. 2014- 05769, Variance No. 2014 - 05004, Tentative Tract Map No. 17819, and the Project, itself, shall be referred to herein collectively as 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 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, 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 Proposed Project. The MND was circulated for a 30 -day public review period from February 13, 2015 through March 15, 2015 and was also made available for review on the City's website at www.anaheim.net; and WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 323 "); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 23, 2015, 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 the Anaheim Municipal Code, to consider the MND and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports concerning the contents and sufficiency of the MND, and did adopt its Resolution No. PC2015 -025 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that the MND and MMP No. 323 satisfy all of the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate environmental documentation for the Proposed Project. Accordingly, the Planning Commission approved and adopted the MND and recommended that the City Council also approve and adopt the MND and MMP No. 323 and the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2015 -025 (relating to the MND and General Plan Amendment No. 2014 - 00497), Resolution No. PC2015- 026 (relating to Reclassification No. 2014 - 00272), and Resolution No. PC2015 -028 (relating to Conditional Use Permit No. 2014 -05769 and Variance No. 2015- 05004), and Resolution No. PC2015 -027 (relating to Tentative Tract Map No. 17819), a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 21st day of April, 2015, as the time, and the City Council Chamber in the Civic Center, as the place, 2 for a public hearing on the Proposed Project and for the purpose of considering the MND and MMP No. 323, and did give notice thereof in the manner and as provided by law; and WHEREAS, complete copies of the MND and MMP No. 323 were presented to the City Council for review and consideration at the meeting at which this Resolution was adopted. Complete copies of the MND and MMP No. 323 are on file and can be viewed in the City's Planning Department located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California and are also available for purchase; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project and the MND and MMP No. 323, and the recommendations of the Planning Commission; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual, this City Council approved and adopted the MND and MMP No. 323 for the Proposed Project; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, this City Council does find and determine that proposed Tentative Tract Map No. 17819, in the form presented at this meeting, meets all of the requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982; that is: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17819, including its design and improvements, is consistent with the "Low Density Residential" land use designation proposed as part of General Plan Amendment No. 2014 -00497 and the zoning and development standards of the "RS -4" Single Family Residential Zone contained in Chapter 18.04 of the Code proposed as part of Reclassification No. 2014- 00272. 2. That the site is physically suitable for the type and density of the proposed Project. 3. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17819, 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. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17819, or the type of improvements is not likely to cause serious public health problems. 3 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17819, 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, this 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 presentation, 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. This 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, this City Council does hereby approve and adopt Tentative Tract Map No. 17819, contingent upon and subject to: (1) the adoption by the City Council of a resolution approving and amending the General Plan land use designation in accordance with General Plan Amendment No. 2014 - 00497; (2) the adoption of an ordinance authorizing an amendment to the Zoning Map to rezone the Property to the "RS -4" Residential Single - Family Zone in accordance with Reclassification No. 2014 - 00272; (3) the adoption of a resolution by the City Council approving Conditional Use Permit No. 2014 -05769 and Variance No. 2015- 05004, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 323; 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.. BE IT FURTHER RESOLVED that this 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 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 Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. /// /// /// /// 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 day of April , 2015, by the following roll call vote: AYES:Mayor Pro Tem Kring, Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM �it�G(iC� MA OR OF THE CITY OF HEIM ATTE: (161■114. CITY CL RI( OF TEE CITY OF ANAHEIM 108713 /TJR 5 EXHIBIT "A" DEV NO. 2014-00033 . APN: 253 - 341 -03 253 - 271 -04 253 - 271 -03 253- 341 -02 253 - 341 -01 l 175' 2 4 7114 25327103 1 M co 68' 52' 508' �O co y 60 114' V40 25334103 5334102 25334101 0 50 100 Source: Recorded Tract Maps and /or City GIS. © FPZt Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17819 (DEV2014- 00033) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The final map shall be submitted to and approved by the City of Anaheim Public Works, Department of Public Works and the Orange County Surveyor for Development Services technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 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 Development Services provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Adele Street, Cypress and Private Streets, name signs and the private street. The covenant shall be recorded concurrently with the final map. 3 The developer shall submit street improvement plans to the Public Public Works, Works Department, Development Services Division and a bond shall be Development Services posted to guarantee that South Street is improved per Public Works Standard Detail 160 -A Local Street, a cul -de -sac per standard 166. The work shall include rehabilitation of the pavement south of the centerline on South Street adjacent to the project. Parkway landscaping and irrigation shall be installed on the public and the private streets. The bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 4 The legal property owner shall post a security and execute a Subdivision Public Works, Agreement to complete the required public improvements at the legal Development Services 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. The agreement shall be recorded concurrently with the final map. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim on the final map a cul -de -sac easement with a radius of 50 feet for Development Services road, public utilities, and other public purposes. 6 The applicant shall defend, indemnify, and hold harmless the City and its planning Depaltment, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnities ") from any and all claims, Division actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 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. 7 Conditions of approval related to each of the timing milestones above shall Planning prominently displayed on plans submitted for permits. For example, g conditions of approval that are required to be complied with prior to the Department, Planning issuance of building permits shall be provided on plans submitted for Services building plan check. This requirement applies to grading permits, final Division maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 8 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits for Division 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. 9 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the applicant Planning Services and which plans are on file with the Planning Depaitment, and as Division conditioned herein.