RES-2008-130RESOLUTION NO. 2008 -1 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING TENTATIVE TRACT MAP NO.
17241.
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Tentative Tract Map No. 17241 to establish a four -lot 689 -unit airspace residential condominium
subdivision for certain real property situated at 2100 East Orangewood Avenue in the City of Anaheim,
County of Orange, State of California, as more particularly shown in Exhibit "A" attached hereto and
incorporated herein by this reference; and
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 Planning 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. PC2008 -61 granting Tentative Tract Map No. 17241; and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action granting Tentative Tract Map No. 17241 at a
duly noticed public hearing; and
WHEREAS, the City Council did fix the 10th day of June, 2008, 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. 17241 and did give notice thereof in the manner and as provided by law; and
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; 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. 17241 be, and the same is hereby, granted subject to the following conditions:
No.
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Conditions of Approval
(MM means Mitigation Measure)
That street names for new private streets shall be reviewed and approved
That 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 shall be reviewed and approved by the Public Works
Department, 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.
That the Final Tract Map shall encompass the entire 6.93 -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 along Orangewood Avenue. Irrevocable offers of dedication
shall be made prior to recordation of the Final Tract Map.
That the property owner /developer shall submit mass grading, street, sewer,
storm drain and landscape (including street tree) improvement plans for the
public improvements along Orangewood Avenue prepared to the
satisfaction of the City Engineer.
That 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.
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.
Responsible
for
Monitoring
Building
Building
PW
Sanitation
PW Dev
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No.
Conditions of Approval
(MM means Mitigation Measure)
Responsible
for
Monitoring
That the property owner /developer shall execute a Subdivision Agreement,
in a form approved by the City Attorney, to complete the 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.
PW Dev
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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
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That the property owner /developer shall pay the current City of Anaheim
Arterial Highway beautification/aesthetics impact fee.
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That the current City of Anaheim Platinum Triangle Drainage Impact Fee
shall be paid.
PW -Dev
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(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 storm -water 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 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
PW Dev
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No.
Conditions of Approval
(MM means Mitigation Measure)
Responsible
for
Monitoring
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.
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(MM 10 -1)
The City Engineer shall review the location of each project to 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 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.
Pw Dev
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(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
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That 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
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That vehicular access rights to Orangewood Avenue, except at street
intersections, shall be released and relinquished to the City of Anaheim.
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(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.
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That the property owner /developer shall post a bond to the City for the
under- grounding of all overhead electrical utility structures located on the
property. All improvements /under grounding 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
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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
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That this Tentative Tract Map No. 17241 is granted expressly conditioned
upon approval of Development Agreement No. 2007 00006.
That this Tentative Tract Map, shall be valid for a period of time coinciding
with the timing set forth in Development Agreement No. 2007 00006, which
provides for the Alexan Orangewood project to be developed within five (5)
years from the date of adoption of the Development Agreement.
That approval of this application constitutes approval of the proposed 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.
That 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 Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
That extensions for further time to complete conditions of approval may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
Planning
Planning
Planning
Planning
Planning
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 15th day of July 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABS TAIN: NONE
AT'1'EST:
CITY CLERK OF THE CITY OF ANAHEIM
69277.v1/MGordon
CITY OF ANAHEIM
By:
MAYOR OF THE C'lTY OF ANAHEIM
Exhibit A
o so 100 O
F O
557!58
•1..- 11..11 •1.. ••..•11..1•11..A.. ..1•11.■ —..11M.. .y
1
ORANGEWOOD AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
Subject Property
Conditional Use Permit No. 2007 -05284
Tentative Tract Map No. 1724
Development Agreement No. 2007 -00006
Miscellaneous No. 2008 -00246
2100 East Orangewood Avenue
10532