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RES-2019-144 RESOLUTION NO. 201 9-1 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18182 (DEV2018-00081) (100-394 WEST CERRITOS AVENUE) WHEREAS, the City of Anaheim did receive a verified petition for the approval of Tentative Tract Map No. 18170 to establish a 1-lot, 292-unit attached residential subdivision for that certain real property located at the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5) Freeway and commonly referred to as 100-394 West Cerritos 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. 18170 is proposed in conjunction with a request (i)to amend the Land Use Element of the General Plan to re-designate the Property from"General Commercial" to "Mid Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2018-00522, (ii) approval of Reclassification No. 2018-00315 to reclassify the property from the"C-G"General Commercial Zone to the"RM-3.5" Multiple-Family Residential Zone, (iii) approval of a conditional use permit to permit the construction of 292 attached single family residences with modified development standards and Density Bonus incentives, which is designated as "Conditional Use Permit No. 2018-05975" and (iv) approval of Variance No. 2019-05127 to permit garages with dimensions less than required by the Municipal Code. General Plan Amendment No. 2018-00524, Reclassification No. 2018- 00317, Conditional Use Permit No. 2017-05980, Variance No. 2019-05127 and Tentative Tract Map No. 18170, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 11.87 acres in size and is currently developed with a business park that consists of eight multi-story buildings with a mix of businesses,including office and commercial uses and is located in the "C-G" General Commercial Zone. The Anaheim General Plan designates the Property for General Commercial 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 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. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on August 22, 2019, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard,Anaheim,California; at the Anaheim Public Library, Central Library at 500 West Broadway,Anaheim, California; and, - 1 - the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the 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 CEQA Guidelines; and WHEREAS,the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 30, 2019 and 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 Nos.PC2019-040,PC2019- 041, PC2019-042, PC2019-043 and PC2019-044, a summary of evidence and a report of the fmdings and recommendations of the Planning Commission, the City Council did fix the 3rd 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 WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council finds and determines and recommends that the City Council also find and determine 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 363 and that the City Council approve and adopt MMP 363; 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. 18170, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18170, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mid Density Residential" land use designation proposed as part of General Plan Amendment No. 2018-00522, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18170, including its design and improvements, is consistent with the zoning and development standards of the "RM-3.5" 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. - 2 - 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18170, 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. 18170, 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. 18170, 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. There is no substantial evidence,nor are there other facts,that detract from the fmdings made in this Resolution. 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 fmdings and determinations, the City Council City of Anaheim does hereby approve Tentative Tract Map No. 18170, contingent upon and subject to: (1) the adoption by the City Council of(i) a resolution approving and adopting General Plan Amendment No. 2018-00522; (ii) an ordinance approving and adopting Reclassification No. 2018-00315,(iii) approval of a conditional use permit to permit the construction of 292 attached single family residences with modified development standards and Density Bonus incentives, which is designated as "Conditional Use Permit No. 2018-05975" and (iv) approval of Variance No. 2019-05127 to permit garages with dimensions less than required by the Municipal Code. all of which entitlements are now pending; the mitigation measures set forth in MMP 363; 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 City Council does hereby fmd 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 - 3 - 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 3rdday of December , 2019, by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES: None ABSENT:None ABSTAIN: None CI OF ANAHEIM M Y• ' OF THE 1' Y I FANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM - 4 - EXHIBIT "A" DEV NO. 2018-00081 1 1 11 APN: 082-214-01 z N 2 z W lJ -J W N z T v �, 1062' 213' 123' N fV �F r• V 9 s: `t 0 202' 94. F 230' 1 W l � Q tY 0 . / U — vt O v Source Recorded Tract Maps and'or City GIS Please note the accuracy is+:-two to five feet. - 5 - EXHIBIT "B" TENTATIVE TRACT MAP NO. 18170 (DEV2018-00081) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPRO 6'AL OF THE FINAL MAP 4111111111111 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim 60-ft. in width on Anaheim Blvd, along the project's frontage Development Services for road,public utilities and other public purposes. 2 All existing structures in conflict with future property lines shall be Public Works, demolished. The developer shall obtain a demolition permit from the Development Services Building Division prior to any demolition work. 3 The vehicular access rights to Anaheim Blvd. shall be released and Public Works, relinquished to the City of Anaheim, except at approved private street Development Services openings. 4 The developer shall submit improvement plans, for the construction of Public Works, required public improvements, to the Public Works Development Development Services Services Division for review, approval, and to determine bond amounts. 5 The developer shall post bonds for public improvements in the amount Public Works, approved by the City Engineer and in a form approved by the City Attorney. Development Services 6 The final map shall be submitted to the City of Anaheim, Public Works Public Works, Development Services Division and to the Orange County Surveyor for Development Services technical correctness review and approval. The developer shall execute a maintenance covenant with the City of7 Public Works, Anaheim in a form that is approved by the City Engineer and the City Development Services 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. 8 Private Streets "A, B, C, D," and onsite private drives shall be privately Public Works, owned and maintained by the Home Owner's Association(HOA). Development Services All onsite sewer and storm drain utilities shall be privately owned and 9 maintained by the Home Owner's Association(HOA). Public Works, Development Services 10 Vacate Cerritos Avenue and all other existing easements in conflict with the Public Works, future buildings. The Developer shall submit an abandonment application Development Services the City for review and approval. - 6 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The applicant shall execute a Subdivision Agreement and post security in Public Works, an amount approved by the City Engineer to guarantee construction of the Development Services public improvements require herein and in a form approved by the City Attorney. Said agreement shall be submitted to Public Works Development Services for approval by the City Council. The approved Subdivision Agreement shall be recorded concurrently with the Final Map. 12 Provide Monumentaion Bond in the amount specified in writing by a Public Works, Licensed Land Surveyor of Record. Development Services 13 The property owner shall reserve an Access Easement for the benefit of Public Works, Parcel 2. The final map shall clearly show the subject easement and its Development Services limits. 14 Lot Line Adjustment No. LLA-0000788 shall be recorded. Public Works, Development Services 15 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 16 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. 17 Conditions of approval related to each of the timing milestones above Planning and Building shall be prominently displayed on plans submitted for permits. For Department, example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans Planning Services submitted for building plan check. This requirement applies to grading Division 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. - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 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 this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 19 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 conditioned herein. Planning Services Division - 8 - CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-144 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3' day of December, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno Faessel and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of December, 2019. C�— C CITY CLERK OF THE CITY OF ANAHEIM (SEAL)