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RES-2007-249RESOLUTION NO. 2007 -249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING TENTATIVE TRACT MAP NO. 17186. WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Tentative Tract Map No. 17186 to establish a 2 -lot (1 lettered and 1 numbered) residential subdivision for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: and PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2007 -156 granting Tentative Tract Map No. 17186, and did recommend that said tentative tract map be approved by the City Council; and WHEREAS, the City Council did fix the 18th day of December, 2007, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Tentative Tract Map No. 17186 and did give notice thereof in the manner and as provided by law; WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing finds and determines as follows: 1. That the proposed tentative tract map, including its design and improvements, is consistent with the Anaheim General Plan and The Platinum Triangle Master Land Use Plan, as proposed for amendment as part of the Platinum Triangle Expansion Project; and 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage; and 3. That granting of said Tentative Tract Map under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council that Tentative Tract Map No. 17186 be, and the same is hereby, granted subject to the following conditions: COA COA 1 COA 2 Conditions of Approval That street names for new public or interim private streets shall be reviewed and approved The property owner /developer shall be responsible for ensuring that all existing structures within the boundaries of the Final Tract Map shall be demolished. The property owner /developer shall obtain a demolition permit from the Building Division of the Planning Department. Plans submitted for the demolition permit shall include a demolition recycling plan which has been reviewed and approved by the Public Works Depaitinent, Streets and Sanitation Division. The demolition recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry, asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other means rather than landfilled. 2 Responsible for Monitoring Building Building PW Sanitation COA Conditions of Approval Responsible for Monitoring COA 3 That the Final Tract Map shall encompass the entire 4.6 -acre project site and shall include irrevocable offers of dedication, including necessary construction easements and easements for street, public utility and other public purposes, for the ultimate right -of -way improvements for the arterial highways and connector streets along the project site frontage listed below and identified in these conditions of approval: 1. Katella Avenue 2. Private Street /Future Connector Street within the Final Site Plan boundaries (Connector Street "Lot A as shown on the Tentative Tract Map for "Public Utility and Emergency Purposes including Ingress and Egress Rights for Maintenance Purposes. Irrevocable offers of dedication shall be made prior to recordation of the Final Tract Map. PW Dev Svcs COA 4 The property owner /developer shall record an easement for cul -de -sac driveway purposes on the adjacent property to the immediate west, as shown on the Tentative Tract Map and Final Site Plan. PW- Dev Svcs COA 5 The property owner /developer shall submit mass grading, street, sewer, storm drain and landscape (including street tree) improvement plans for the public improvements along Katella Avenue and the private street/future connector street prepared to the satisfaction of the City Engineer. PW Dev Svcs COA 6 Improvement bonds shall be posted in amounts approved by the City Engineer and a form approved by the City Attorney prior to approval of the Final Tract Map. PW Dev Svcs COA 7 That the property owner /developer shall post a bond to the City for all required sewer improvements /upgrades, including the removal of any abandoned lines and/or off site improvements. PW Dev Svcs COA 8 That the property owner /developer shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the PW Dev 3 COA Conditions of Approval Responsible for Monitoring required public improvements at the property owner /developer's expense. Said agreement shall be approved by the City Attorney and City Engineer and then recorded concurrently with the Final Tract Map. Svcs COA 9 That the property owner /developer shall submit a maintenance covenant (the "Covenant to be approved as to form by the City Attorney's Office. The Covenant shall include provisions for maintenance of public and private facilities as identified in Exhibit "E "Development Requirements and Maintenance Obligations" of the Development Agreement, including compliance with an approved Water Quality Management Plan, provisions for maintenance of all special surface improvements within the public right -of -way, and a maintenance exhibit showing the boundaries of the maintenance area. PW Dev Svcs COA 10 That the property owner /developer shall pay the current City of Anaheim Arterial Highway beautification/aesthetics impact fee. PW Dev Svcs COA 11 That the current City of Anaheim Platinum Triangle Drainage Impact Fee shall be paid. PW Dev Svcs COA 12 That the property owner /developer shall record an agreement with the property owner immediately to the east for the joint use of the emergency vehicular access lane. PW Dev Svcs MM 3- 3 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in The Platinum Triangle Drainage Study. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the PW Dev Svcs 4 COA Conditions of Approval Responsible for Monitoring satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. MM The City Engineer shall review the location of each project to PW Dev 10 -1 determine if it is located within an area served by deficient sewer facilities, as identified in The Platinum Triangle Sewer Study. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Svcs Engineer and City Attorney's Office. The property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building /structure, whichever occurs first. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for The Platinum Triangle. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5 COA Conditions of Approval Responsible for Monitoring MM 10 -3 Prior to approval of a final subdivision map, the property owner /developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if requested by the OCSD, the property owner /developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD's modeling results. PW Sanitation COA 13 The property owner /developer shall post a bond guaranteeing that all traffic related street improvements shall be completed prior to final building and zoning inspection, including, but not limited to, directional signage, striping, and median islands. PW Traffic COA 14 That vehicular access rights to Katella Avenue, except at street intersections, shall be released and relinquished to the City of Anaheim. PW Dev Svcs MM 9- 5 Prior to approval of the final subdivision map, the property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Plan. PW Dev Svcs COA 15 The property owner /developer shall post a bond to the City for the undergrounding of all overhead electrical utility structures located on the property. All improvements undergrounding shall be completed to coincide with the level of development that would require this improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. Electrical COA 16 The Final Tract Map shall indicate that any existing City of Anaheim public utilities easements that conflict with potential building footprints shall be abandoned. Electrical COA The property owner shall post a bond to the City for the installation of Electrical 6 COA Conditions of Approval Responsible for Monitoring 17 street lights on the Connector Street. Street lights shall be in accordance with the Platinum Triangle Master Land Use Plan, as it may be amended. Street lights shall be installed prior to the first final building and zoning inspection. ti4 Ali' 3 a? 3 3Q• COA That this Tentative Tract Map No. 17186 is granted expressly Planning 18 conditioned upon approval of Development Agreement No. 2007- 00002. COA That this Tentative Tract Map, shall be valid for a period of time Planning 19 coinciding with the timing set forth in Development Agreement No. 2007 00002, which provides for the Platinum Vista project to be developed within five (5) years from the date of adoption of the Development Agreement. COA That approval of this application constitutes approval of the proposed Planning 20 request only to the extent that it complies with the Anaheim Municipal Zoning 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. COA That timing for compliance with conditions of approval may be Planning 21 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. COA That extensions for further time to complete conditions of approval Planning 22 may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 conditions, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of member 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE OF ANAHEIM 67443.v 1 /MGordon By: CITY OF ANAHEIM MAYOR OF THE CIT \'OF AlZTAHEIM Item No. 8 RCL 66 -67 -36 RCL 60 -61 -113 RCL 99 -00 -15 RCL 66 -67 -14 RCL 54 -55 -42 RCL 55 -56 -19 RETAIUOFFICE USE 658' to Lewis St. RCL 99 -00 -15 RCL 66 -67 -14 RCL 65 -66 -84 CUP 1670 O-H RCL 99 -00 -15 CUP 1670 VACANT RCL 2004 -00128 RCL 99 -00 -15 RCL 66 -67 -36 RCL 60 -61 -113 RCL 55 -56-19 RCL 54 -55-42 CUP 2001 -04384 IND. FIRMS CUP 2007 -05248 DAG 2007 -00002 =;TTM 17186 F' RCL 99 -00 -15 RCL 66 -67 -14 RCL 55 -56 -19 RCL 54 -55 -42 IND. FIRMS RCL 99 -00- 5 RCL 66-67- 4 CUP 167 0 0 riss■ '06 RCL 99 -00 -15 RCL 66 -67 -14 RCL 55 -56 -19 RCL 54 -55-42 VAR 2019 CUP 847 STAUR4N I (PTMU) RCL 2005 -00164 RCL 2005 -00164 RCL 99 -00-15 RCL 66 -67 -14 RCL 56 -57 -93 CUP 575 (RCL 70- 71 -34) (CUP 2006 05117) (CUP 616) UNDER CONSTRUCTION RCL 99 -00 -15 RCL 54-55 -42 CUP 1455 VAR 4123 WAREHOUSING AND STORAGE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE I (PTMU) RCL 2004 -00129 RCL 99 -00 -15 RCL 66 -67 -14 RCL 54 -55-42 RCL 55 -56 -19 CUP 2185 CUP 1971 VAR 4304 VAR 3146 S DAG 2005 -00007 FSP 2005-00006 UNDER CONSTRUCTION EMIR MIEN KATELLA AVENUE 1 (PTMU1 RCL 2004 -00129 RCL 99 -00 -15 UNDER RCL 87 -88 -14 CONSTRUCTION RCL 66 RCL 56 -57 -93 CUP 2007 -05227 CUP 2006 -05116 CUP 2002 -04544 CUP 2946 CUP 2134 CUP 1879 CUP 1842 CUP 1587 ADJ 2003 -00236 DAG 87 -01 FSP 2007 -00006 WRIGHT CIRC 1 (PTMU) RCL 2004 -00129 RCL 99 -00-15 RCL 66 -67 -14 RCL 54 -55 -42 RCL 55 -56-19 VAR 3775 DAG 2005 -00003 DAG 2005 -00002 DAG 2005 -00001 T -FSP 2007 -00012 FSP 2004-00007 UNDER CONSTRUCTION ow= IN NIT mmit NI mom mom PLATINUM TRIANGLE MIXED USE OVERLA ZONE (RCL 70- 71 -34) (CUP (CUP 1817) 84) (CUP 1065) (CUP 616) UNDER CONSTRUCTION MOM 1 N Conditional Use Permit No. 2007 -05248 Development Agreement No. 2007 -00002 Tentative Tract Map No. 17186 Requested By: INTEGRAL PARTNERS 1005 -1105 East Katella Avenue Subject Property Date: December 10, 2007 Scale: 1" 200' Q.S. No. 107 10424 2 tatig oft,* KATELLAAV E N U E rtirit r,t:;, W 7 r UM TRIANGLE rC L' Ts: WRIGHT CIRCLE Aerial Photo: July 2006 Conditional Use Permit No. 2007 -05248 Development Agreement No. 2007 -00002 Tentative Tract Map No. 17186 Requested By: RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST 1005 -1105 East Katella Avenue Subject Property Date: December 10, 2007 Scale: 1" 200' Q.S. No. 107 10424