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RES-2021-055RESOLUTION NO. 2021-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 2020- 100 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00042) (2501-2525 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2020-100 to consolidate three parcels into two parcels for that certain real property located at 2501-2525 West Ball Road, 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"); and WHEREAS, the Property is approximately 1.86- acres in size and is developed with an approximate 17,000 square foot, 1 -story commercial building. The Property is located in the C -G (General Commercial) zone and is, therefore, subject to the zoning and development standards described in Chapter 18.08 (Commercial zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, Tentative Parcel Map No. 2020-100 is proposed in conjunction with Conditional Use Permit No. 2019-06035 and Public Convenience or Necessity No. 2019-00148, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newson issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021 at 5:00 p.m., which public hearing was continued to April 12, 2021, with 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 Tentative Parcel Map No. 2020-00100 and to investigate and make findings and recommendation in connection therewith; and WHEREAS, on April 12, 2021, the Planning Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Parcel Map No. 2020-100, adopted its Resolution No. PC2021-013 approving Tentative Parcel Map No. 2020-100 and finding and determining that the Proposed Project was categorically exempt from the provisions of CEQA; and WHEREAS, within the time prescribed by law, interested parties did appeal said Planning Commission decision 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, 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects" as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, the City Council has found and determined that the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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 with respect to the request to consolidation of lots, does find and determine the following facts: 1. The proposed consolidation from three lots to two, including its design and improvements, and with the conditions imposed herein is consistent with the General Commercial land use designation in the Anaheim General Plan and the development standards contained in the "C-G" General Commercial Zone in that the proposed parcel map will consolidate three lots into two lots for the purpose of constructing a convenience store with gas and alcohol sales and a new car wash facility. The proposed consolidation is consistent with the proposed zoning and the existing General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed development in that this flat lot is currently developed with a commercial center and is of adequate size to be developed in accordance with the C-G zone development standards. 3. The lot consolidation, with the conditions imposed, 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 in that no environmental impacts are anticipated as part of the future development of a convenience store and carwash facility on this property. 4. The lot consolidation, 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 and other related Code requirements in that the future development of a convenience store with gas and alcohol sales and a carwash facility will be subject to all City code requirements for demolition and construction. 5. The lot consolidation 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 project site in that the parcel map is conditioned to be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits; 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. There is no substantial evidence, nor are there other facts, that negate 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 the City Council does hereby approve Tentative Parcel Map No. 2020-100, subject to and contingent upon the conditions of approval described 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 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. 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 Anaheim Municipal 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. 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 and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8t' day of June, 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Diaz, Brandman, and O'Neil NOES: Mayor Pro Tem Faessel and Council Members Moreno, and Valencia ABSENT: None ABSTAIN: None OF ANAHEIM OF TH Y/C IT'Yi OF ANAHEIM ATTEST: CITY CLE K OF THE CITY—OT-ANAHEIM 142473.3 l LM EXHIBIT "A" DEV NO. 2019-00042 E BALL RD Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2020-100 (DEV2019-00042) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO PARCEL MAP APPROVAL 1 Prior to parcel map recordation, the property owner shall irrevocably offer public Works Department, to dedicate in a signed deed to the City of Anaheim; i) an easement 69 -feet Development Services in width, measured from the street centerline, along the property frontage Division on Ball Road; ii) an easement 49 -feet in width, measured from the street centerline, along the frontage on Sunkist Street; and iii) the corner cutback dedication at the corner of Ball Road and Sunkist Street for road, public utilities, and other public purposes. 2 All existing structures in conflict with the proposed parcel lines shall be public Works Department, demolished. The developer shall obtain a demolition permit from the Development Services Building Division prior to any demolition work. Division 3 The developer shall execute a maintenance covenant with the City of public Works Department, Anaheim in a form that is approved by the City Engineer and the City Development Services Attorney for the private improvements including but not limited to Division private utilities, sewers, drainage devices, parkway landscaping and irrigation, private 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 parcel map. 4 The applicant shall execute a Subdivision Agreement and submit public Works Department, security in an amount acceptable to the City Engineer to guarantee Development Services construction of the public improvements required herein. Security Division deposit shall be in accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the parcel map. 5 The vehicular access rights to Ball Road and Sunkist Street shall be public Works Department, released and relinquished to the City of Anaheim, except at approved Development Services driveways. Division 6 The parcel map shall be submitted to the City of Anaheim, Public Works Public Works Department, Development Services Division and to the Orange County Surveyor for Development Services technical correctness review and approval. Division RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 The developer shall submit improvement plans for the construction of Public Works Department, required public improvements, to the Public Works Development Development Services Services Division for review, approval and to determine the bond Division amounts. 8 Provide a Monumentation Bond in an amount specified in writing by a Public Works Department, Licensed Land Surveyor of Record. Development Services Division 9 Comply with all applicable requirements of the Anaheim Municipal Public Works Department, Code. Development Services Division GENERAL 10 The Applicant shall defend, indemnify, and hold harmless the City and planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, planning Services Division actions or proceedings brought against Indemnitees to attack, 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. 11 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 Planning Services Division 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. 12 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department. Planning Services Division 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. 2021-055 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of June, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Diaz, Brandman, and O'Neil NOES: Mayor Pro Tem Faessel and Council Members Moreno and Valencia ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of June. 2021. CITY C ERK OF THE CITY OF ANAHEIM (SEAL)