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RES-2016-045RESOLUTION 201 6-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17882. (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for: (i) a request to rezone or reclassify that certain real property located at 1609 and 1615 West Cerritos Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), from the "RS -2" Single -Family Residential Zone to the "RS -4" Single -Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00280"; (ii) Conditional Use Permit No. 2015-05804; and (iii) Tentative Tract Map No. 17882, which would establish an 11 -lot, single family subdivision on the Property (the "Project"). Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804, Tentative Tract Map No. 17882 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "RS -2" Single -Family Residential Zone. The Anaheim General Plan designates the Property for Low Density Residential land uses; and WHEREAS, all development within the "RS -4" Single -Family Residential Zone is subject to the provisions of Section 18.04.160 (Development in the RS -4 Zone) of Chapter 18.04 (Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code. The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the Plamiing Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, in the same manner as it did for the initial public hearing; and WHEREAS, following said public hearing and 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 (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, following said public hearing, the Planning Commission adopted its Resolution No. PC2015-102, approving Reclassification No. 2015-00280 to authorize an amendment to the Zoning Map of the Code to rezone and reclassify the Property into the "RS -4" Single -Family Residential Zone and recommending that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280; and WHEREAS, the Planning Commission concurrently adopted its Resolution No. PC2015- 103, approving Conditional Use Permit No. 2015-05804, including the lot areas and widths as shown on the site plan on file with the City, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS -4" Single -Family Residential Zone in accordance with Reclassification No. 2015-00280, (2) the approval of Tentative Tract Map No. 17882, and (3) the conditions of approval set forth in Exhibit B attached to Resolution No. PC2015-103; and WHEREAS, the Planning Commission also concurrently adopted its Resolution No. PC2015-104, approving Tentative Tract Map No. 17882, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS -4" Single -Family Residential Zone in accordance with Reclassification No. 2015-00280, and (2) the conditions of approval set forth in Exhibit B attached to Resolution No. PC2015-104; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission actions to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this City Council has found and determined that the Proposed Project is within that class of projects which consist of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and WHEREAS, at said public hearing, upon hearing and considering the recommendations of the Planning Commission, all evidence and reports offered at said hearing, and all testimony 2 and arguments (if any) of all persons desiring to be heard pertaining to the request to approve Tentative Tract Map No. 17882, this City Council does hereby find and determine as follows: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed under Conditional Use Permit No. 2015-05804, is consistent with the Low Density Residential land use designation in the Anaheim General Plan and, once the City Council has adopted an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280, will be with the zoning and development standards contained in Chapter 18.04 of the Code pertaining to single-family, detached projects within the "RS -4" Single -Family Residential Zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed under Conditional Use Permit No. 2015-05804 and Exhibit B attached hereto and incorporated herein by this reference, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed under Conditional Use Permit No. 2015-05804 and Exhibit B attached hereto, as well as other related Code requirements. 5. The design of the subdivision 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. WHEREAS, this 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. This 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, this City Council does hereby approve Tentative Tract Map No. 17882, contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS -4" Single -Family Residential Zone in accordance with Reclassification No. 2015- 00280, (2) the conditions imposed under Conditional Use Permit No. 2015-05804, and (3) the conditions of approval described in Exhibit B attached hereto, 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. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1, 12. 100 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23 day of February , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Mayor Tait and Council Member Vanderbilt ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY F ANAHEIM 114732/TJR rd CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2015-00057 W CERRITOS AVE $0, o so ioa Source: Recorded Tract Maps and/or City GIS. � Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO FINAL HAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain Public Works, a demolition permit from the Building Division. Site demolition shall Development Services be per a rough grading permit from Public Works. 2 The project shall dedicate Lots `B", "C", and "D" for roadway, Public Works, public utility purposes, and other public purposes to the City of Development Services Anaheim. 3 The project shall relinquish street access to Cerritos Avenue for Lots Public Works, 1 and 11, except at Private Street "A". Development Services 4 The Project shall dedicate to the City of Anaheim Lot "A" for public Public Works, utility purposes and emergency access. Development Services 5 The area required for pedestrian access ramps in conformance with Public Works, City standards at the intersection of Private Street "A" and Cerritos Development Services Avenue shall be dedicated to the City of Anaheim to the satisfaction of the City Engineer. 6 Prior to final map approval; Tract Map No. 17882 shall be approved, Public Works, in substantial conformance with the Planning Commission resolution Development Services for this project. 7 The developer shall submit a request for street names for the private Public Works, streets. The street names must be approved by the Planning Division and placed on the final map. Development Services 8 The developer shall submit a sewer improvement plan, to the Public Public Works, Works department for construction of the private sewer system. The improvements shall be constructed prior to final building and zoning Development Services inspection. The sanitary sewers for this development shall be privately maintained. 9 Prior and as a condition precedent to the approval by the City of the Public Works, Final Map for Tract No. 17882 and its recordation with the County Recorder, the applicant will be required to execute, in recordable Development Services form, an unsubordinated Declaration of Covenants in such form as may be acceptable to the Planning Director, the City Engineer and City Attorney (or their duly authorized representatives) to ensure that RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT the private on-site common areas and facilities (including, but not limited to, private sewer, private street, and private storm drain improvements) and those public improvements that are not accepted by the City for maintenance will be maintained by a Homeowners' Association. The Declaration of Covenants will also ensure compliance with approved Water Quality Management Plan and maintenance of drainage devices, parkway landscaping and irrigation on Cerritos Avenue, the private street name sign and the Private Street. In addition, said Declaration of Covenants shall include a covenant, rule and regulation prohibiting owners of the lots within the subdivision from renting, offering to rent, or advertising for rent the homes located thereon (or any room or rooms or portion thereof) to a person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The Declaration of Covenants shall be recorded concurrently with the final map and shall provide the City with a third party right to enforce the maintenance and repair provisions of the Declaration of Covenants. 10 The legal property owner shall post a security and execute a Public Works, Subdivision Agreement to complete the required public improvements at the legal owner's expense in an amount approved Development Services by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. 11 All lots shall be assigned street addresses by the Building Division. Planning Department, The street name for the private street shall be submitted to and Building Division approved by the Building Division. GENERAL 12 Conditions of approval related to each of the timing milestones above Planning Department shall be prominently displayed on plans submitted for permits. For Planning Services Division example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This 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. 13 The Applicant shall defend, indemnify, and hold harmless the City Planning Department and its officials, officers, employees and agents (collectively referred Planning Services Division to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT review, set aside, void, or annul the decision of the Indemnitees 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 14 The applicant is responsible for paying all charges related to the Planning Department processing of this discretionary case application within 30 days of the Planning Services Division 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 15 The property shall be developed substantially in accordance with Planning Department plans and specifications submitted by the applicant to, and approved Planning Services Division by, the City of Anaheim, which plans are on file with the Planning Department.