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RES-2022-086RESOLUTION NO. 2022-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19141 (DEV2020-00248) (1661-1673 WEST BROADWAY) WHEREAS, the City of Anaheim did receive a verified petition for the approval of Tentative Tract Map No. 19141 to establish a 1-lot, 34-unit attached residential subdivision for that certain real property located 275 feet east of Euclid Street and commonly referred to as 1661- 1673 West Broadway 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. 19141 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate the Property from "Office - Low" to "Mid Density Residential" land uses, which amendment to the General Plan is designated as General Plan Amendment No. 2021-00536, (ii) approval of Reclassification No. 2021-00336 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 34 attached single-family residences with modified development standards, which is designated as "Conditional Use Permit No. 2021-06097" and (iv) approval of a Development Agreement to provide the developer a vested right to develop the Proposed Project, and in return the developer would provide funding for City's affordable housing programs. General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Development Application "DEV2020-00248", and Tentative Tract Map No. 19141, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 1.55 acres in size and is currently developed with commercial office buildings, and is located in the "C-G" ('general Commercial zone. The Anaheim General Plan designates the Property for Office - Low 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Initial Study in support of a Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures 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 May 5, 2022, and was also made available for review on the City's web page, with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and Research's CEQAnet database; 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 July 6, 2022, 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, 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. 19141, 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 General Plan Amendment No 2021-00536; (2) a resolution approving Conditional Use Permit No. 2021-06097; (3) an ordinance approving and adopting Reclassification No. 2021-06097; and (4) an ordinance approving Development Application (DEV2020-00248); and WHEREAS, upon receipt of a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 9 thday ofAg_ 2022, 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 CEQA Procedures, 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 MMRP 381 and that the City Council approve and adopt MMRP 381; 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. 19141, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19141, including its design and improvements, is consistent with the General Plan of the -2- City of Anaheim, and more particularly with the "Mid Density Residential" land use designation proposed as part of General Plan Amendment No. 2021-00536, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19141, 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. 19141, 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. 19141, 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. 19141, 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 City of Anaheim does hereby approve Tentative Tract Map No. 19141, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2021-00536; (ii) an ordinance approving and adopting Reclassification No. 2021-00336, (iii) approval of a conditional use permit to permit the construction of 34 attached single-family residences with modified development standards, which is designated as "Conditional Use Permit No. 2021-06097" and (iv) approval of a Development Agreement (DEV2020-00248) to provide the developer a vested right to develop the Proposed Project, and in return the developer would provide funding for City's affordable housing programs, all of which entitlements are now pending; the mitigation measures set forth in MMRP 381; 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), -3- (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 9th day of August . 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM ATTEST: 010, MA OR PRO TEM OF tfiE CITY OF ANAHEIM Cl LERK OF THE CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO. 2020-00248 W BROADWAY Q 3 a TRAPEZOID DR z 0 cy RHOMBUS LN Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -5- EXHIBIT "B" TENTATIVE TRACT MAP NO. 19141 (DEV2020-00248) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim public easement for emergency services and solid waste/trash Development Services collection access, along the interior private drive aisles, as shown on the TTM. 2 All existing structures in conflict with the future property lines shall be Public Works, demolished by the owner/developer. The owner/developer shall obtain a Development Services demolition permit from the Building Division prior to any demolition work. 3 The vehicular access rights to Broadway shall be released and Public Works, relinquished by the owner/developer to the City of Anaheim, except at Development Services approved driveway openings, as shown on the Tentative Tract Map. 4 The owner/developer shall pay all applicable development impact fees Public Works, required under the Anaheim Municipal Code. Development Services 5 The owner/developer shall submit improvement plans for the construction Public Works, of required public improvements along the project frontage of Broadway Development Services to the Public Works Development Services Division for review, approval, and to determine the bond amounts. Improvements shall conform to the City Standards and as approved by the City Engineer. 6 The final map shall be submitted by the owner/developer to the City of Public Works, Anaheim, Public Works Development Services Division and to the Orange Development Services County Surveyor for technical correctness review and approval. 7 The owner/developer shall execute a maintenance covenant with the City of 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 The owner/developer shall execute a Subdivision Agreement and submit Public Works, security in an amount acceptable to the City Engineer to guarantee Development Services construction of the public improvements required herein. Security deposit shall be in accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. 9 The owner/developer shall provide a Monumentation bond in an amount Public Works, specified in writing by a Licensed Land Surveyor of Record. Development Services sm NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The owner/developer shall comply with all applicable requirements of the Public Works, Anaheim Municipal Code Development Services 11 The owner/developer shall provide non-interference letter for any Public Works, improvements encroaching into existing 5-foot utility easement along the Development Services west side of the subject project that will remain on the subdivision lot from the affected easement owner. -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. 2022-086 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 91h day of August 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2022. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)