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RES-2022-129RESOLUTION NO. 2022-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19140 (DEV2021-00123) (1200-1320 SOUTH ANAHEIM BOULEVARD, 200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET) 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, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 15-percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street 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. 19140 is proposed to establish a 1-lot, 223-unit residential subdivision in conjunction with a request (i) to amend the Land Use Element of the General Plan to re -designate the Property from "General Commercial" to "Mixed -Use Mid" land uses, (ii) approval of a Reclassification to reclassify the property to apply the "Mixed Use (MU) Overlay" zone to all parcels, (iii) approval of a conditional use permit to permit the construction of attached single-family residential units and the mixed -use project, and (iv) a Minor Conditional Use Permit to permit a coordinated sign program and installation of murals throughout the site. The proposed General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 8.3 acres in size, and is currently developed with commercial buildings. The project site is located in the "C-G" General Commercial zone and South Anaheim Boulevard Corridor Overlay "SABC" zone, and is designated for "General Commercial" land uses by the General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 10, 2022, 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 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 I" day of November, 2022, 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. 2022-12 5 , 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. 384 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2022-085. 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. 19140, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19140, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed -Use Mid" land use designation proposed as part of the proposed General Plan Amendment, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19140, including its design and improvements, is consistent with the zoning and development standards of the Mixed Use (MU) Overlay Zone contained in Chapter 18.32 of the Code. 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. 19140, 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. 19140, 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. 19140, 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 -2- 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. 19140, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting the proposed General Plan Amendment; (ii) an ordinance approving and adopting the proposed Reclassification, (iii) approval of a conditional use permit to permit the construction of 187 attached single-family residences, 36 residential units in a vertical mixed -use pattern with 2 commercial tenant spaces, and (iv) approval of a minor conditional use permit to permit a coordinated sign program and the installation of murals throughout the site, all of which entitlements are now pending; the mitigation measures set forth in MMP No. 384; 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. 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 I st day of November, 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae and Faessel NOES: Council Members Moreno and Valencia ASSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM MA OR PRO TEM OF THE CITY OF ANAHEIM T: RK OF THE CITY OF ANAHEIM 13 EXHIBIT "A" DEV NO. 2021-00123 E BALL RD Oo so too Q� Fee[ Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 19140 (DEV2021-00123) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim, for road, public utilities and other public purposes, the right-of- way easements described below: Development Services • 7 ft. in width on Ball Road and Anaheim Boulevard Division • Corner cutback at Ball Road/Claudina Street 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 Anaheim Boulevard, Ball Road, and Public Works, Claudina Street shall be restricted and relinquished to the City of Anaheim. Development Services Division 4 The owner/developer shall pay all applicable development impact fees Public Works, required under the Anaheim Municipal Code. Development Services Division 5 The owner/developer shall submit improvement plans, for the Public Works, construction of required public improvements, to the Public Works Development Services Division for review, approval, and to determine the Development Services bond amounts. Division 6 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 7 The owner/developer shall execute a Save Harmless Agreement with the Public Works ' City of Anaheim for any storm drain connections to the City's storm drain system. The agreement shall be recorded concurrently with the Final Map. Development Services Division 8 The owner/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, drainage devices, parkway landscaping and irrigation, private street Division 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 9 Vacate all existing easement in conflict with proposed improvements. Public Works, Development Services Division 10 The owner/developer shall execute a Subdivision Agreement and submit Public Works, security in an amount acceptable to the City Engineer to guarantee construction of the public improvements required herein. Security deposit Development Services shall be in accordance to City of Anaheim Municipal Code. The agreement Division shall be recorded concurrently with the Final Map. 11 Provide a Monumentation bond in an amount specified in writing by a Public Works, Licensed Land Surveyor of Record. Development Services Division 12 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services 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. 384 Services Division adopted for the Anaheim Ball Mixed Use 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. 3 84 is made a part of these conditions of approval b • 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 ap2lication. 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 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 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. 2022-129 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15' daV of November. 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, and Faessel NOES: Council Members Moreno and Valencia ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 31' day of November, 2022. CITY CLIkRK OF THE CITY OF ANAHEIM (SEAL)