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RES-2020-058 RESOLUTION NO. 2 0 2 0-0 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19017 (DEV2019-00037) (1619, 1631,AND 1699 WEST LINCOLN AVENUE AND AN ADJACENT CITY-OWNED PARCEL WITH NO ADDRESS ASSIGNED) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for the approval of Tentative Tract Map No. 19017 to establish a 1-lot, 115-unit attached residential subdivision for that certain real property generally located at the northeast corner of Lincoln Avenue and Euclid Street and commonly referred to as 1619, 1631, and 1699 W. Lincoln 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. 19017 is proposed in conjunction with a request i) General Plan Amendment No. 2019-00527 to re-designate the property from General Commercial to Mid Density Residential; (ii) Reclassification No. 2019-00320 to reclassify the property from the "C-G" General Commercial, "T" Transitional, and "I" Industrial"®zones to the "RM-3.5" Multiple-Family Residential Zone; and (iii) Conditional Use Permit No. 2019-06009 to permit construction of 115 attached single family residences with modified development standards. General Plan Amendment No. 2019-00527, Reclassification No. 2019-00320, Conditional Use Permit No.2019-06009 and Tentative Tract Map No. 19017,shall be referred to herein collectively as the "Proposed Project"; and WHEREAS,the Property is approximately 7.17 acres in size. Two parcels within northern part of the project site are located in the"T"Transition zone and are currently vacant. The eastern parcel along Lincoln Avenue is located in"C-G" General Commercial zone and is currently used as a vehicle storage area. The western parcel along Lincoln Avenue is located in "I" Industrial zone and is currently developed with a cement manufacturing warehouse. The Anaheim General Plan designates the Property for General Commercial Residential 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30-day public/responsible agency review on February 20,2020,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 - 1 - 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, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; 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. 365"); 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 Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 13, 2020, 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 Mitigated Negative Declaration 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, by its motion, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined 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. 365, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 365; and WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City Council approve Tentative Tract Map No. 19017, 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 (1) a resolution approving and adopting General Plan Amendment No.2019-00527;(2)an ordinance approving and adopting Reclassification No.2019- 00320; and, (3)resolution approving Conditional Use Permit No. 2019-06009; and WHEREAS,upon receipt of the Planning Commission recommendation,the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; 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 - 2 - said hearing pertaining to the request to approve Tentative Tract Map No. 19017, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19017, 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. 2019-00527,now pending; 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19017, 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; 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19017, 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. 19017, 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. 19017, 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 findings 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 findings and determinations,the City Council does hereby approve Tentative Tract Map No. 19017, contingent upon and subject to: (1)the adoption by the City Council of(i)a resolution approving and adopting General Plan Amendment No. 2019-00527; an ordinance approving Reclassification No. 2019- 00320, and a resolution approving Conditional Use Permit No. 2019-06009, all of which entitlements are now pending; the mitigation measures set forth in MMP 365; 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 - 3 - 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 this9th day of June , 2020,by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, O'Neil NOES:Council Member Moreno ABSENT: None ABSTAIN:None CITY OF ANAHEIM A „ A. A 4 , Ai►f.� 'i r TH r'CITOFANAHEIM ATTEST: fI CITY CLERK OF T E CITY OF ANAHEIM 137934 - 4 - EXHIBIT "A" DEV NO. 2019-00037 APN:072-110-50 072-110-21N's--'%'..%.*.......-...........--...--\. . .' N 072-110=19 14N. a 0 • 7.1 U . M LU Z .. f` yge• Al MgNCyEsT y .1 BR Cr 0 • W Z 0AJ 26 � �354,1. . W WLINCOLN AVE 1 / N O 0 0. W - . • tH I1 ® o so. . 100 Source:Recorded Tract Maps and/or City GIS. F• Please note the accuracy is+/-two to five feet. • - 5 - EXHIBIT "B" TENTATIVE TRACT MAP NO. 19017 (DEV2019-00037) NO: CONDITIONS OF APPROVAL RESPONSIBLE PRIOR TO RECORDATION OF THE FINAL MAP 1 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 technical Department, correctness review and approval. Development Services Division 2 The vehicular access rights to Lincoln Ave. and Euclid St. shall be restricted and Public Works relinquished to the City of Anaheim. Department, Development Services Division 3 The developer shall pay all applicable development impact fees required under the Public Works Anaheim Municipal Code. Department, • Development Services Division 4 The developer shall submit improvement plans, for the construction of required Public Works public improvements, to the Public Works Development Services Division for Department, review, approval, and to determine the bond amounts. The active sewer manhole Development Services in the proposed driveway shall be abandoned and replaced at a location approved Division by Public Works Operations Division. The abandonment and replacement details shall be reviewed and approved prior to issuance of the street improvement permit. 5 All existing structures in conflict with the future property lines shall be demolished. Public Works The developer shall obtain a demolition permit from the Building Division prior to Department, any demolition work. In addition,the plans submitted for demolition permit shall Development Services include a note indicating that the construction contractor(s) shall not overlap site Division preparation activities with demolition and grading activities,and shall monitor the construction activities to ensure that the site preparation activities do not overlap with demolition.and grading activities(MM AQ-1). 6 The developer shall execute a Save Harmless Agreement with the City of Anaheim Public Works for any storm drain connections to the City's storm drain system. The agreement Department, shall be recorded concurrently with the Final Map. Development Services Division 7 The developer shall execute a maintenance covenant with the City of Anaheim in Public Works a form that is approved by the City Engineer and the City attorney for the private Department, improvements including but not.limited to private utilities, drainage devices, Development Services parkway and slope landscaping and irrigation,private street lights, etc. in addition Division to maintenance requirements established in the Water Quality Management Plan (WQMP)as applicable tothe project.The covenant shall be recorded concurrently with the Final Map. 8 The developer shall execute a Subdivision Agreement and submit security in an Public Works amount acceptable to the City Engineer to guarantee construction of the public Department, improvements required herein. Security deposit shall be in accordance to City of Development Services Anaheim Municipal Code.The agreement shall be recorded concurrently with the Division Final Map. - 6 - _ = RESPONSIBLE NO. _ CONDITIONS.OF APPROVAL -`, DEPARTMENT.: 9 The developer shall dedicate to the City of Anaheim an access easement within its Public Works property to the slope abutting Euclid Street. Department, Development Services Division 10 Provide a Monumentation bond in an amount specified in writing by a Licensed Public Works Land Surveyor of Record. Department, Development Services Division 11 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works Department, Development Services Division. 12 The applicant shall enter into an agreement with the City for the installation of Fire Department traffic signal preemption equipment for the surrounding controlled intersections, as determined by the Fire Chief in consultation with City staff. 13 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnities") from any and all claims, actions or Planning Services proceedings brought against Indemnities to attack, review, set aside, void, or Division 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. 14 Conditions of approval related to each of the timing milestones above shall be Planning and Building prominently displayed on plans submitted for permits. For example, conditions Department, of approval that are required to be complied with prior to the issuance of building Planning Services permits shall be provided on plans submitted for building plan check. This Division 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. 15 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, invoice or prior to the issuance of building permits for this project, whichever Planning Services occurs first. Failure to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 16 The subject Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and which Department, plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 7 - 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. 2020-058 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring_and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. CITY CLER OF THE CITY OF ANAHEIM (SEAL)