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RES-2017-191RESOLUTION NO. 2017-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18045 (DEV2016-00042) (312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY) WHEREAS, the City of Anaheim did receive a verified petition for the approval of Tentative Tract Map No. 18045 to permit a 1 -lot, 39 -unit detached and attached condominium project (the "Project") on certain real property located at 312-400 South Euclid Street and 1678 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, the Property is approximately 2.35 acres in size and is currently located in the "C -G" General Commercial Zone and designated on the Land Use Element of the General Plan for "General Commercial" and "Residential Corridor" uses; and WHEREAS, Tentative Tract Map No. 18045 is proposed in conjunction with General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293, and Conditional Use Permit No. 2017-05933, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; 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 ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 348") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2017 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 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, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Project, including the Mitigated Negative Declaration and MMP No. 348, and the comments received and responses prepared, and did adopt its Resolution No. PC2017-079 on November 13, 2017, recommending that this City Council find that the Proposed Project will have less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures contained in MMP No. 348 and that this City Council approve and adopt the Mitigated Negative Declaration and MMP No. 348; and WHEREAS, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing relating to the Proposed Project, including the Mitigated Negative Declaration including MMP No. 348, the Planning Commission adopted Resolution No. PC2017-083 recommending that the City Council approve and adopt proposed Tentative Tract Map No. 18045 in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2016-00509, (2) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -3" Multiple -Family Residential Zone under Reclassification No. 2016-00293, (3) a resolution approving Conditional Use Permit No. 2017- 05933, (4) the mitigation measures set forth in MMP No. 348; and (3) 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; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2017-079, PC2017-080, PC2017-081, PC2017-082, and PC2017-083, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 19th day of December, 2017, as the time, and the Downtown Community Center 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 Mitigated Negative Declaration, MMP No. 348 and the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, on December 19, 2017, the City Council did conduct a public hearing to hear and consider evidence for and against the Mitigated Negative Declaration, MMP No. 348 and the Proposed Project and to investigate and make findings in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council found and determined, among other things, 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. 348 and, accordingly, approved and adopted the Mitigated Negative Declaration and MMP No. 348; 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 and arguments (if any) of all persons desiring to be heard pertaining to the request to approve Tentative Tract Map No. 18045, this City Council does hereby find and determine as follows: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18045, including its design and improvements, is consistent with the General Plan land use designation of Residential Low -Medium as proposed as General Plan Amendment No 2016-00509, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18045, including its design and improvements, is consistent with the zoning and development standards of the "RM -3" Multiple -Family Residential Zone proposed as Reclassification No. 2016-00293, now pending. 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. 18045, 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. 18045, 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. 18045, 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 presentation, 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 of the City of Anaheim approves Tentative Tract Map No. 18045, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2016-00509, (2) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -3" Multiple -Family Residential Zone under Reclassification No. 2016- 00293, (3) a resolution approving Conditional Use Permit No. 2017-05933, (4) the mitigation measures set forth in MMP No. 348; and (5) 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 with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1g day of December , 201 7by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: Y CLERK OF tHE CITY OF ANAHEIM (Acting) 125702 / LM EXHIBIT "A" DEV NO. 2016-00042 APN: 250-051-02, 03 ----------- WBROADWAY 146 V d W to 39{j' VVTED MAR AVE � W W � . J7 o loo Source: Recorded Tract Maps and/or City GIS. vPlease note the accuracy is +/- tiuo to Are feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 18045 (DEV2016-00042) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP AND MAP RECORDATION 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim a 7 -foot easement on Euclid Street to the ultimate half right-of-way Department, width of 60 feet from centerline to the east, for road, public utilities and other Development Services public purposes. Division 2 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 Department, technical correctness review and approval. Development Services Division 3 The developer shall execute a Save Harmless Agreement with the City of Public Works Anaheim for any storm drain connections to the City's storm drain system. Department, The agreement shall be recorded concurrently with the Final Map. Development Services Division 4 The 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 Department, attorney for the private improvements including but not limited to private Development Services utilities, drainage devices, parkway landscaping and irrigation, private Division 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. 5 The applicant shall execute a Subdivision Agreement and submit security Public Works in an amount acceptable to the City Engineer to guarantee construction of Department, the public improvements required herein. Security deposit shall be in Development Services accordance to City of Anaheim Municipal Code. The agreement shall be Division recorded concurrently with the Final Map. 6 The developer shall submit improvement plans, for the construction of Public Works required public improvements, to the Public Works Development Services Department, Division for review, approval, and to determine the bond amounts. Development Services Division 7 Provide a Monumentation bond in an amount specified in writing by a Public Works Licensed Land Surveyor of Record. Department, Development Services Division 8 The developer shall comply with all applicable requirements of the Public Works Anaheim Municipal Code. Department, Development Services Division 9 All existing structures shall be demolished. The developer shall obtain a Planning and Building demolition permit from the Building Division. Department, Planning Services Division GENERAL 10 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnities") from any and all claims, Planning Services actions or proceedings brought against Indemnities to attack, review, set Division aside, void, or 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. 11 Conditions of approval related to each of the timing milestones above shall Planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the Planning Services issuance of building permits shall be provided on plans submitted for Division 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. 12 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for Planning Services this project, whichever occurs first. Failure to pay all charges shall result Division in delays in the issuance of required permits or may result in the revocation of the approval of this application. 13 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-191 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of December, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of December, 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)