RES-2020-015 RESOLUTION NO. 2020-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIMEN TREE REMOVAL
PERMIT NO. 2018-00006
(DEV2017-00039)
(6501-6513 SERRANO AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission")did receive a verified petition to approve Specimen Tree Removal Permit No.2018-
00006 for three Specimen Trees proposed to be removed for certain real property generally located
on the northeast corner of Serrano Avenue and Nohl Ranch Road and commonly referred to as
6501-6513 East Serrano Avenue 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"), for the purpose of allowing the applicant to construct 58 attached,
single-family residences ; and
WHEREAS,the Property is approximately 3.03 acres in size and is located in the"C-
G" General Commercial Zone. The development standards and regulations of Chapter 18.06
(Multiple-Family Residential Zones) of the Anaheim Municipal Code(the "Code") shall apply to
the Proposed Project. The Property is designated on the Land Use Element of the General Plan
for"Neighborhood Center" uses; and
WHEREAS, Specimen Tree Removal Permit No. 2018-00006 proposes to remove
three(3)schinus terebinthifolia`Brazilian pepper trees;"and
WHEREAS, Specimen Tree Removal Permit No. 2018-00006 is proposed in
conjunction with a request (i) for approval of General Plan Amendment No. 2017-00515 to re-
designate the Property from the"Neighborhood Center Commercial"to the"Low-Medium Density
Residential" land use designation (ii) Reclassification No. 2017-00309 to reclassify the property
from the "C-G" General Commercial Zone to the "RM-3"Multiple-family Residential Zone; (iii)
approval of a conditional use permit to permit a 58-unit, attached single family residential project
with modified development standards and Tier II density bonus incentives, which is designated as
"Conditional Use Permit No.2017-05931 and Miscellaneous Case No.2017-00654",(iv)approval
of a vesting tentative tract map to permit a 1-lot, 58 unit attached single-family residential
subdivision of the Property for condominium purposes,which is designated as "Vesting Tentative
Tract Map No. 18104". General Plan Amendment No. 2017-00515, Reclassification No. 2017-
00309, Conditional Use Permit No. 2017-05931, Miscellaneous Case No. 2017-00654, and
Vesting Tentative Tract Map No. 18104, and 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 (Title 14 of the California Code of Regulations; 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
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WHEREAS, a Notice of Preparation ("NOP") for Draft EIR No. 351 was distributed
to the public on December 13, 2018. The public review period for the initial study ended on
January 14,2019. The City held a public scoping meeting on January 7,2019 to provide members
of the public with an opportunity to learn about the Proposed Project, ask questions and provide
comments about the scope and content of the information to be addressed in Draft EIR No. 351;
and
WHEREAS,Draft EIR No. 351 was made available for a 45-day public review period
from July 19, 2019 to September 3, 2019. The Notice of Availability ("NOA"), which also
included noticing for a public hearing before the Planning Commission and a tentative date for a
public hearing before the City Council to review and consider the Draft EIR No. 351 and the
Project Actions, was sent to a list of interested persons, agencies and organizations, as well as
property owners within the within a 1,000-foot radius of the Proposed Project. The Notice of
Completion("NOC")was sent to the State Clearinghouse in Sacramento for distribution to public
agencies. The NOA was posted at the Orange County Clerk-Recorder's office on July 19, 2019.
Copies of Draft EIR No. 351 were made available for public review at the City of Anaheim
Planning and Building Department, Anaheim Central Library, Haskett Library and has been
available for download via the City's website; and
WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines
and the City's Local CEQA Procedure Manual,the City prepared or caused to be prepared prior to
the City Council Public Hearing to consider the Planning Commission's recommendations and the
Proposed Project, tentatively scheduled for December 3, 2019, Findings of Fact and Mitigation
Monitoring Program No. 359 relating to EIR No.351; and
WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA
Guidelines,Final EIR No. 351 will consist of Draft EIR No. 351;comments and recommendations
received on Draft EIR No. 351 either verbatim or in summary; a list of persons, organizations and
public agencies that submitted comments on Draft EIR No. 351; and the responses of the City, as
lead agency, to significant points raised in the review and consultation process; and Mitigation
Monitoring Program No. 359; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 28,2019 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(Procedures)
of the Code, to hear and consider evidence for and against proposed Specimen Tree Removal
Permit No. 2018-00006 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, upon receipt of Planning Commission Resolution No. PC2019-045
denying General Plan Amendment No. 2017-00515, a summary of evidence and a report of the
findings and recommendations of the Planning Commission, and after receiving an appeal of the
Planning Commission's decision on November 7, 2019 from the project applicant, the City
Council did fix the 17th day of December, 2019, 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 continued the hearing to January 14, 2020, at which time all
interested persons were given an opportunity to be heard and, after all public testimony was
received, discussion and deliberation by City Council on the Proposed Project were continued to
January 28, 2020; and
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WHEREAS, the City Council, after due 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 for Specimen Tree Removal Permit No. 2017-00006, as a
prerequisite to granting any permit to destroy any specimen tree, does find and determine that a
reasonable and practical development of the property on which the trees are located requires
destruction of the tree or trees because the project will include a comprehensive landscape plan;
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. 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 the City Council does hereby approve
Specimen Tree Removal Permit No. 2018-00006,contingent upon and subject to 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 approval of the Proposed Project under Specimen
Tree Removal Permit No. 2018-00006 in order to preserve the health, safety and general welfare
of the citizens of the City of Anaheim. Extensions for further time to complete 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,(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.
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THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 28 day of January , 2020, by the following roll call vote:
AYES: Mayor Pro Tem Faessel and Council Members Barnes,
Brandman, and Kring
NOES: Mayor Sidhu and Council Member Moreno
ABSENT: None
ABSTAIN: Council Member O'Neil
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ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEN' NO. 2017-00039
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EXHIBIT "B"
SPECIMEN TREE REMOVAL PERMIT NO. 2018-00006
(DEV2017-00039)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1 The Applicant is responsible for paying all charges related to the processing Planning and
of this discretionary case application within 30 days of the issuance of the Building Department,
final invoice or prior to the issuance of building permits for this project, Planning Services
whichever occurs first. Failure to pay all charges shall result in delays in the Division
issuance of required permits or may result in the revocation of the approval
of this application.
2 The Applicant shall replace the Brazilian Pepper trees with nine replacement Planning and
trees. The replacement trees shall be provided in conjunction with a Building Department,
comprehensive landscape plan that would meet or exceed minimum Planning Services
landscape requirements in the Anaheim Municipal Code. Division
3 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and
officials, officers, employees and agents (collectively referred to Building Department,
individually and collectively as "Indemnitees") from any and all claims, planning Services
actions or proceedings brought against Indemnitees to attack, review, set Division
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.
4 The property shall be developed substantially in accordance with plans and Planning and
specifications submitted to the City of Anaheim by the applicant and which Building Department,
plans are on file with the Planning Department and as conditioned herein. Planning Services
Division
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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. 2020-015 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of January, 2020 by the following vote of the members thereof:
AYES: Mayor Pro Tem Faessel and Council Members Barnes, Brandman, and Kring
NOES: Mayor Sidhu and Council Member Moreno
ABSENT: None
ABSTAIN: Council Member O'Neil
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2020.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)