RES-2021-093RESOLUTION NO. 2 0 21- 0 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TENTATIVE
TRACT MAP NO. 19137
(DEV2020-00180)
(2323 WEST BROADWAY)
WHEREAS, the City of Anaheim did receive a verified petition for the approval of
Tentative Tract Map No. 19137 to establish a 1-lot, 112-unit attached residential subdivision for
that certain real property located at 2323 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, Tentative Tract Map No. 19137 is proposed in conjunction with a request
(i) to amend the Land Use Element of the General Plan to re -designate the Property from "Schools"
to "Low -Medium Density Residential" land uses, which amendment to the General Plan is
designated as General Plan Amendment No. 2020-00533, (ii) approval of Reclassification No.
2020-00335 to reclassify the property from the "T" Transition zone to the "RM-3" Multiple -
Family Residential Zone, (iii) approval of a conditional use permit to permit the construction of
112 attached single-family residences with modified development standards, which is designated
as "Conditional Use Permit No. 2020-06094" and (iv) approval of Development Agreement No.
2021-00001 to provide the developer a vested right to develop the Proposed Project, and in return
the developer would provide funding for City's affordable housing programs. General Plan
Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No.
2020-06094, Development Agreement No. 2021-00001, and Tentative Tract Map No. 19137, shall
be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 6.96 acres in size and is currently vacant,
and is located in the "T" Transition zone. The Anaheim General Plan designates the Property for
Schools land uses; 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, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedures to evaluate the physical
environmental impacts of the Proposed Project. The Mitigated Negative Declaration was
circulated for a 20-day public/responsible agency review on June 24, 2021, and was also made
available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated
Negative Declaration is on file and can be viewed in the Planning and Building Department of the
City located on the First Floor of City Hall at 200 South Anaheim Boulevard, Anaheim, California;
at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California.
Copies of said document were also available for purchase; and
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WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include
a development agreement. However, the applicant has proposed a development agreement to
provide for a voluntary contribution of $1,000 per unit to the City's affordable housing programs.
Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-
00001. The subject development agreement would not cause any significant impacts to the
environment; therefore, the environmental document did not need to be recirculated for review;
and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration
to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction
over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the
CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the
CEQA Guidelines; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 16, 2021, 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, upon receipt of a summary of evidence and a report of the findings and
recommendations of the Planning Commission, the City Council did fix the _g_day ofSap_t2021,
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
WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the
City's Local CEQA Procedure Manual, this City Council finds and determines and recommends
that the City Council also find and determine 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 378
and that the City Council approve and adopt MMP 378; and
WHEREAS, the City Council, after due consideration, 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 to approve Tentative Tract Map No. 19137, does find and
determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 19137, including its design and improvements, is consistent with the General Plan of the
City of Anaheim, and more particularly with the "Low -Medium Density Residential" land use
designation proposed as part of General Plan Amendment No. 2020-00533, now pending.
2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 19137, including its design and improvements, is consistent with the zoning and
development standards of the "RM -3" Multiple Family Residential Zone contained in Chapter
18.06) of the Code.
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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.
19137,, 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.
19137, 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.
19137, 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 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. 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 does hereby approve Tentative Tract Map
No. 19137, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution
approving and adopting General Plan Amendment No. 2020-00533; (ii) an ordinance approving
and adopting Reclassification No. 2020-00335, (iii) approval of a conditional use permit to permit
the construction of 112 attached single-family residences with modified development standards,
which is designated as "Conditional Use Permit No. 2020-06094" and (iv) approval of
Development Agreement No. 2021-00001 to provide the developer a vested right to develop the
Proposed Project, and in return the developer would provide funding for City's affordable housing
programs, all of which entitlements are now pending; the mitigation measures set forth in MMP
378; and 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.
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.
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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.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 28 day of September , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Ma'ae, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
OF ANAHEIM
ATTEST:
CIT RK OF THE CITY OF ANAHEIM
AHEIM
EXHIBIT "A"
DEV NO. 2020-00180
APN: 127-051-43
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 19137
(DEV2020-00180)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1
The vehicular access rights to Broadway shall be released and
Public Works,
relinquished by the developer to the City of Anaheim, except at approved
Development Services
driveways.
2
The final map shall be submitted by the developer to the City of Anaheim,
Public Works,
Public Works Development Services Division and to the Orange County
Development Services
Surveyor for technical correctness review and approval.
3
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
Development Services
Attorney for the private improvements including but not limited to 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 final
map.
4
The developer shall execute a Subdivision Agreement and submit security
Public Works,
in an amount acceptable to the City Engineer to guarantee construction of
Development Services
the public improvements required herein. Security deposit shall be in
accordance to City of Anaheim Municipal Code. The agreement shall be
recorded concurrently with the final map.
5
The developer shall pay all applicable impact fees required under the
Public Works,
Anaheim Municipal Code.
Development Services
6
The developer shall provide a Monumentation bond in an amount specified
Public Works,
in writing by a Licensed Land Surveyor of Record.
Development Services
7
The developer shall comply with all applicable requirements of the
public Works,
Anaheim Municipal Code.
Development Services
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. 2021-093 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of September, 2021 by the following vote of the members
thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia and O'Neil
NOES: None
ABSTAIN: Council Member Moreno
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of September, 2021.
4.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)