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RES-2016-015RESOLUTION NO. 2016-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17879. (DEV2015-00041) (4540 EAST RIVERDALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for the approval of proposed Tentative Tract Map No. 17879 to establish a 75 -unit, detached, small -lot residential subdivision (the "Project") for that certain real property located at 4540 East Riverdale 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, the Property is approximately 12.1 acres in size and is currently improved with several structures formally used for a school. The Property is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in [the Zoning Code] for whatever reason, including recent annexation." The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land Use Element of the General Plan for "School" uses; and WHEREAS, Tentative Tract Map No. 17879 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate those portions of the Property designated as "School" to "Low Density Residential" land uses so that the entirety of the Property will be designated for "Low Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2015-00502, (ii) to rezone or reclassify the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00279", (iii) for approval of a conditional use permit to permit construction of the Project with modified development standards, which is designated as "Conditional Use Permit No. 2015-05796", and (iv) for approval of a variance to permit a deviation from the sound attenuation standards required by Section 18.40.190 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of the Code, which is designated as "Variance No. 2015-05011 ". General Plan Amendment No. 2015-00502, Reclassification No. 2015-00279, Conditional Use Pen -nit No. 2015-05796, Variance No. 2015-05011, Tentative Tract Map No. 17879, and the Project 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 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project; 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. 324"). A complete copy of MMP No. 324 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, on November 16, 2015, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project, including proposed Tentative Tract Map No. 17879, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Project, including the Mitigated Negative Declaration and MMP No. 324, and the comments received and the responses prepared, and did adopt its Resolution No. PC2015-095 on November 16, 2015, recommending that this City Council find that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures contained in MMP No. 324 and that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 324; and WHEREAS, by the adoption of its Resolution No. PC2015-093 on November 16, 2015, the Planning Commission recommended that the City Council approve and adopt proposed Tentative Tract Map No. 17879 in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00502; (ii) an ordinance reclassifying the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone in accordance with Reclassification No. 2015-00279, and (iii) a resolution approving Conditional Use Permit No. 2015-05796 and Variance No. 2015- 05011; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-091, PC2015-092, PC2015-093, PC2015-094 and PC2015-095, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 12th day of January, 2016, 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 W for and against the Mitigated Negative Declaration, MMP No. 324 and the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, on January 12, 2016, the City Council did conduct a public hearing to hear and consider evidence for and against the Mitigated Negative Declaration, MMP No. 324 and the Proposed Project and to investigate and make findings in connection therewith; 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 CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council found and determined, among other things, that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 324 and, accordingly, approved and adopted the Mitigated Negative Declaration and MMP No. 324; and WHEREAS, at said public hearing, upon hearing and considering the recommendations of the Planning Commission, all evidence and reports offered at said hearing, and all testimony and arguments (if any) of all persons desiring to be heard pertaining to the request to approve Tentative Tract Map No. 17879, this City Council does hereby find and determine as follows: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17879, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low Density Residential" land use designation approved through General Plan Amendment No. 2015-00502. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17879, including its design and improvements, will be consistent with the zoning and development standards of the "RS -4" Single Family Residential Zone proposed as Reclassification No. 2015-00279, now pending, and the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) 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. 17879, 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. 17879, 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. 17879, 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 3 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. 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 Tentative Tract Map No. 17879, in the form presented at the meeting at which this Resolution is adopted, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00502, (ii) an ordinance reclassifying the Property from the "T" Transition Zone to the "RS -4" Single -Family Residential Zone in accordance with Reclassification No. 2015-00279, and (iii) a resolution approving Conditional Use Permit No. 2015-05796 and Variance No. 2015-05011; (2) the mitigation measures set forth in MMP No. 324; and (3) 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of January_, 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: Nene ATTE CITY CLERK OF THE CITY PF ANAHEIM 114259v1/TJR 11 CITY OF ANAHEIM </ J MAYOR OF THE CITY OF ANAHEIM APN : 359-011-83 EXHIBIT "A" DEV NO. 2015-00041 o soioo Source: Recorded Tract Maps and/or City GIS. Fv Please note the accuracy is +I- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17879 (DEV2015-00041) 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 All structures shall be demolished. A demolition permit shall be obtained Public Works, from the Building Division of the Planning and Building Deparment. Development Services 3 That prior to final map approval, all lots shall be assigned street addresses Public Works, by the Building Division. The street names for the private streets shall be Development Services submitted to and approved by the Building Division. 4 The vehicular access rights to Riverdale Ave shall be released and Public Works, relinquished to the City of Anaheim, except at approved private street Development Services openings. 5 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 Riverdale Avenue and the private street. The covenant shall be recorded concurrently with the final map. 6 Street improvement plans shall be submitted for improvements along the Public Works, frontage of Riverdale Avenue and the private streets. Improvements shall Development Services conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public and the private streets. Bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 7 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT map. 8 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnities") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set Planning Services aside, void, or annul the decision of the Indemnities concerning this permit Division 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. 9 Conditions of approval related to each of the timing milestones above shall planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for Planning 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. 10 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for Planning Services this project, whichever occurs first. Failure to pay all charges shall result Division in delays in the issuance of required permits or may result in the revocation of the approval of this application. 11 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division 12 Prior and as a condition precedent to the approval by the City of the Final Planning and Building Map for Tract No. 17879 and its recordation with the County Recorder, Department, the applicant will be required to execute, in recordable form, an unsubordinated Declaration of Covenants in such form as may be Planning Services acceptable to the Planning Director, the City Engineer and City Attorney Division (or their duly authorized representatives) to ensure that owners of the lots NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT within the subdivision are prohibited from renting, offering to rent, or advertising for rent the homes located thereon (or any room or rooms or portion thereof) to a person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The Declaration of Covenants shall be recorded concurrently with the final map.