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RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING TENTATIVE
TRACT MAP NO. 19177
(DEV2021-00188)
(1442 NORTH DALE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for the approval of Tentative Tract Map No. 19177 to establish a 1-lot, 18-unit attached residential subdivision for that certain real property located 225 feet east of the norther terminus of Dale Avenue and commonly referred to as 1442 North Dale 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. 19177 is proposed in conjunction with a request for approval of a conditional use permit to permit the construction of 18 attached single family residences with modified development standards, which is designated as "Conditional Use Permit No. 2021-06121". Conditional Use Permit No. 2021-06121 and Tentative Tract Map No. 19177, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 0.93 acres in size and is located in the “T” Transition 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 "Low- Medium" Residential 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Project qualifies for a Class 32 – In-Fill Development Project Categorical Exemption under CEQA as set forth in Sections 15332 and 15300.2 of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 6, and July 6, 2022, 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 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 - 2 -
WHEREAS, upon receipt of Planning Commission Resolution No. PC2022-068 and PC2022-069 approving Conditional Use Permit No. 2021-06121 and Tentative Tract Map. No. 19177, 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 July 13, 2022 from Meridith Gill, the City Council did fix the 9th day of August, 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 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, 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. 19177, does find and determine the following facts:
1. The proposed subdivision of the Property is consistent with the General Plan of the City of Anaheim, and more particularly with the Low Medium density residential land use designation which provides for development up to 18 dwelling units per acre.
2. The proposed design and improvements of the subdivision is consistent with the General Plan of the City of Anaheim including street and utility improvements.
3. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19177, including its design and improvements, is consistent with the zoning and development standards of the “RM-3” Multiple-Family Residential zone, which is the implementing zone for the Low-Medium density land use designation as required pursuant to California’s Housing Accountability Act codified in Section 65589.5 of the California Government Code.
4. The site is physically suitable for the type and density of the Proposed Project in that the 0.93-acre site allows for the development of the 18-unit attached single-family residential subdivision in compliance with the RM-3 zone and Housing Incentives development standards.
5. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177, 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.
6. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177 or the proposed improvements is not likely to cause serious public health problems.
7. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19177, or the proposed improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision; and;
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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 approves Tentative Tract Map No. 19177, contingent upon and subject to: a resolution approving and adopting Conditional Use Permit No. 2021-06121; 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.
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THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR PRO TEM OF THE
CITY OF ANAHEIM
ATTEST:
______________________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT “B”
TENTATIVE TRACT MAP NO. 19177
(DEV2021-00188)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF THE FINAL MAP
1 All existing structures in conflict with the future property lines shall be demolished by the owner/developer. The owner/developer shall obtain a demolition permit from the Building Division prior to any demolition work.
Public Works,
Development Services
2 The vehicular access rights to Dale Avenue shall be restricted and relinquished by the owner/developer to the City of Anaheim.
Public Works,
Development Services
3 The owner/developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works, Development Services
4 The final map shall be submitted by the owner/developer to the City of Anaheim, Public Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval.
Public Works,
Development Services
5 The owner/developer shall execute a maintenance covenant with the City of 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 utilities, 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.
Public Works,
Development Services
6 The owner/developer shall vacate all existing easement in conflict with proposed improvements. Public Works,
Development Services
7 The owner/developer shall provide a Monumentation bond in an amount specified in writing by a Licensed Land Surveyor of Record. Public Works, Development Services
8 The owner/developer shall comply with all applicable requirements of the Anaheim Municipal Code. Public Works,
Development Services
9 The existing public storm drain easement located along the northerly end of the project site shall be adjusted by the owner/developer so that the easement boundaries encompasses the existing public storm drain infrastructure to the satisfaction of the City Engineer.
Public Works,
Development Services
10 The owner/developer shall apply for an Encroachment License for all improvements proposed over the existing public storm drain easement located along the northerly side of the project site. Proposed improvements are limited to fences with intermediate posts, low lying plants, and nonstructural site concrete pavement as approved by the City Engineer.
Public Works,
Development Services