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RES-2023-014RESOLUTION NO.2 0 2 3 - 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19192 (DEV2021-00195) (2219 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map No. 19192 (collectively known as "Development Application No. 2021-00195"), to construct 24 residential units, with 10-percent of the units affordable to moderate income buyers, (the "Proposed Project"), for that certain real property located at 2219 West Orange 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"); and WHEREAS, Tentative Tract Map No. 19192 proposes to subdivide the 2.4 acre Property into Lot 1 (1.1 acres) containing the existing church building and surface parking and Lot 2 (1.3 acres) which would be developed with residential units in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate the Property from "Corridor Residential" to "Low -Medium" land uses, (ii) approval of a Reclassification to reclassify the property to apply the "RM-3" Multiple -Family Residential zone, and (iii) approval of a conditional use permit to permit the construction of attached single-family residential units. The proposed General Plan Amendment, Reclassification, Conditional Use Permit, and Tentative Tract Map No. 19192, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 18, 2023, 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 Anaheim Municipal Code "Code", to hear and consider evidence and testimony for and against the Proposed Project and Mitigated Negative Declaration 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 28t' day of February 2023, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, by Resolution No. 2023- , considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA Procedures; and (ii) the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2023-002. 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. 19192, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19192, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly Lot 2 with the "Low -Medium" and land use designation proposed as part of the proposed General Plan Amendment, now pending; and Lot 1 because there is no new development proposed and the existing Corridor Residential land use designation will remain. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19192, including its design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple -Family Residential and "T" Transition zones contained in Chapter 18.06 and 18.14 of the Code, and more specifically, Lot 1 will not create any nonconformities inconsistent with the "T " Transition zone standards. 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. 19192, 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. 19192, 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. 19192, 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 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, based upon the aforesaid findings and determinations, the City Council City of Anaheim does hereby approve Tentative Tract Map No. -2- 19192, contingent upon and subject to: (1) the adoption by the City Council of a resolution approving and adopting the proposed General Plan Amendment; (2) the adoption by the City Council of an ordinance approving and adopting the proposed Reclassification, and (3) the approval by City Council of a conditional use permit to permit the construction of 24 attached single-family residences, all of which entitlements are now pending; the mitigation measures set forth in MMP No. 386; 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 (Extension of Time to Comply with Conditions of Approval) 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 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. -3- THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 28th day of February, 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF H 'CITY OF ANAHEIM ATTEST: CITY CL RK OF THE CITY OF ANAHEIM in EXHIBIT "A" DEV NO.2021-001.95 APN: 127-10-221 k,RQMM OR WT y�Rf SA qVf S THISTLE RD 460' W) W QI N N d. N N Y w O H O CA 460' m W ORANGE vt AVE �..�..�..�..� 0 IT z � a w m m Q W CLEARBROOK LN o so 100 Source: Recorded Tract Maps and/or City GIS. F� Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 19192 (DEV2021-00195) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION 1 Prior to final map approval, the Developer shall execute and record against Housing and the Property a Density Bonus Housing Agreement in a form and substance Community acceptable to the Planning Director and the City Attorney, and if required Development by the Density Bonus Housing Agreement, a declaration of covenants, conditions, and restrictions ("CC&R's") that sets forth the terms and conditions of approval of said Density Bonus. The Density Bonus Housing Agreement/CC&R's shall be binding on the Developer and all future owners and successors in interest thereof. The Density Bonus Housing Agreement shall require the Density Bonus units to be offered for sale to the initial buyer of the Density Bonus units at an affordable housing cost to moderate income households and shall include the requirement for an equity sharing agreement, whereby the initial buyer of each Density Bonus unit shall enter into an agreement with the City requiring each such initial buyer to pay to the City upon the initial resale of each Density Bonus unit the City's proportional share of appreciation in accordance with paragraph .0105 (For -Sale Housing) of subsection .010 (Approval) of Section 18.52.040 (General DensAy Bonus) of the Code. 2 All existing structures in conflict with the future property lines shall be Public Works, demolished. The developer shall obtain a demolition permit from the Building Division prior to any demolition work. Development Services Division 3 The vehicular access rights to Orange Avenue shall be released and Public Works, relinquished to the City of Anaheim, except at approved driveways. Development Services Division 4 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 technical correctness review and approval. Development Services Division 5 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 Attorney for the private improvements including but not limited to private Development Services utilities, sewers, drainage devices, parkway landscaping and irrigation, Division 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The developer shall execute a Subdivision Agreement and submit security Public Works, in an amount acceptable to the City Engineer to guarantee construction of 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. 7 Provide a monumentation bond in an amount specified in writing by a public Works, licensed Land Surveyor of Record. Development Services Division 8 The developer shall pay all applicable development impact fees required Public Works, under the Anaheim Municipal Code. Development Services Division 9 The developer shall submit improvement plans, for the construction of public Works, required public improvements, to the Public Works Development Services Division for review, approval, and to determine the bond amounts. Development Services Division 10 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 ' or for drainage onto the adjacent property including any City Streets. The Development Services agreement shall be recorded concurrently with the Final Map. Division 11 Vacate the portion of Orange Avenue right-of-way shown on Tentative Public Works, Tract Map 19192 in conflict with the development. The developer shall submit an Abandonment Application to the City for review and approval, Development Services complete the process and record the abandonment. Division GENERAL 13 The property owner/developer shall be responsible for compliance with and Planning and Building any direct costs associated with the monitoring and reporting of all Department, Planning mitigation measures set forth in Mitigation Monitoring Plan (MMP) No. 386 Services Division adopted for the Towns at Orange Project, established by the City of Anaheim as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures within the timeframes identified in the measure. MMP No. 386 is made a part of these conditions of approval by reference. 14 The applicant is responsible for paying all charges related to the processing planning and Building of this discretionary case application within 30 days of the issuance of the Department, 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 Planning Services issuance of required permits or may result in the revocation of the approval Division of this application. 15 The owner/developer shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred to Department, individually and collective) as "Indemnitees") from any and all claims, NO. CONDITIONS OF APPROVAL I RESPONSIBLE DEPARTMENT 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. 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. 2023-014 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of February, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of March. 2023. CITY CL RK OF THE CITY OF ANAHEIM (SEAL)