RESOLUTION NO. R-2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE TRACT MAP (TTM) 19251
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 503 AND 513 SOUTH VAN BUREN STREET AND MAKING
FINDINGS IN SUPPORT THEREOF
A. Recitals.
WHEREAS, On December 13, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Tract Map No. TTM 19251 for the property located at 503 and 513 South Van Buren Street.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Alan Toffoli, of Toffoli Investments, LLC. ("Applicant" hereinafter), regarding a Tentative Tract Map application.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to Resolution R-2023-02
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this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the "R-3" High Density Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC). b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site high-density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a 0.40 -acre parcel into 12 condominium residential townhomes consistent with the "R-3" High Density Residential Zoning District and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Tract Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off-site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Tract Map application is to subdivide an existing 0.40 acre parcel into 12 condominium townhomes.
The proposed map is consistent with all polices, programs, and goals of the General Plan. f. That the design of the subdivision 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. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
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Section 3. a. The City Council of the City of Placentia finds that TTM 19251 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15332 (Class 32 — Infill Development Project) as this subdivision will result in the division of property in an urbanized area zoned for residential use and located in an infill area, consisting of less than five acres The division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed subdivision for condominium purposes to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above-specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Tract Map 19251, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 10th day of January 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
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Attachment "A"
Special Conditions of Approval for
Tentative Tract Map No. TTM 19251
503 and 513 South Van Buren Street
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of Tentative Tract Map (TTM) 19251 and the final map is contingent upon City Council Approval.
4. TTM 19251 shall expire twenty-four (24) months after approval or conditional approval if a final map is not recorded. Upon written request, by the developer, the time limit may be extended an additional twelve (12) months by City Council.
5. A final map shall be prepared by or under the direction of a registered Civil engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
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6. TTM 19251 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
7. To satisfy the City's Utility undergrounding requirement for the second phase of the Hudson development (Phase II, Tract 19251), the Applicant and/or property owner shall make a deposit, to be held by the City, in the amount equal to "40% of the total current estimated cost of the Undergrounding Work (the "Deposit"). Once the "Phase II" deposit is paid by the applicant or property owner of "Phase II", the obligation for undergrounding work shall be satisfied for "Phase II". The final deposit amount for the undergrounding work will be calculated and deposited in cash or a Letter of Credit, within 10 days prior to the final Certificate of Occupancy of the last building in either "Phase I or II". a. The Deposit shall be retained by the City until such time as Phase 3 has been entitled and received final City approval, and all Undergrounding Work has been completed, inspected, and approved by the City and affected utility or telephone companies, which may be the Applicant, or another ownership entity. After completion and acceptance of the Undergrounding Work, the Deposit shall be released to the owner and developer of Phase III responsible for the construction of the Undergrounding Work (the "Phase III Developer".) b. The CC&Rs prepared for Phase II will include a disclosure that depicts the existing location of the above ground utility lines and notice to all future owners and tenants that the Undergrounding Work will be constructed in the future. c. The Applicant acknowledges that this condition shall not limit the City's right to require the Applicant and/or property owner, as a part of the Phase II development, to move existing utility poles to accommodate new public sidewalks constructed along the property frontage of Phase II to ensure compliance with ADA accessibility standards. If the Applicant is able to demonstrate that the sidewalk can be constructed to ADA standards without relocation of the existing utility poles, the Applicant will not have to relocate the utility poles until such time as removal is done as part of the undergrounding work.
d. The cost estimate for the Undergrounding Work, which includes the total cost of design and construction of the undergrounding of the overhead lines for phases I, II, and III, is subject to the City's review and approval. e. The Undergrounding Work is the sole responsibility of the Applicant for Phases 1 and 2, and the Developer of Phase 3; the City is not responsible for and will not construct the Undergrounding Work for any Phase of this development.
8. Any modifications to the approved floor plan/site plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
9. The Applicant will Install a crosswalk that traverses Van Buren Street at a location immediately adjacent to the Atwood Channel bridge. The cross walk shall be Resolution R-2023-02
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clearly striped to city standards and equipped with a pedestrian activated signal system to the satisfaction of the Public Works Director and/or his/her designee.
10. Prior to final release of the residential units for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved for their respective portion.
11. The approval of Tentative Tract Map No. TTM 19251 shall be contingent upon approval of Development Plan Review No. DPR 2022-03 and Use Permit No. UP 2022-04. In the event the TTM is denied, approval of any of the aforementioned DPR and UP entitlements shall be deemed to be null and void. In the event the DPR and UP are denied, TTM 19251 shall be deemed null and void.
12. Comply with all applicable conditions of approval of DPR 2022-03 and UP 2022-04.
PUBLIC WORKS — ENGINEERING DIVISION:
13. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
Final Map
14. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development.
15. The applicant shall prepare and submit a preliminary title report no older than 90 days.
16. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements and survey Monumentation, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement providing for the necessary right-of-way, design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
17. The applicant shall establish a Homeowner's association (HOA) for the purpose of maintaining all private access, common lots, onsite fire hydrant, common sewer line, WQMP, LIP, open space, storm drainage and emergency opening of security gate.
The association is subject to the review and approval of the Director of Public Works and City Attorney and shall be recorded concurrently with the final map.
18. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer. The computer analysis may be submitted on a CD with a proper labeled.
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