RESOLUTION NO. R-2023-14
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) 19183
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 1952 AND 1958 EAST VETERANS WAY FOR 39
RESIDENTIAL TOWNHOME UNITS FOR CONDOMINIUM
PURPOSES ON THE SUBJECT 1.3 -ACRE PROPERTY
LOCATED WITHIN THE HIGH DENSITY RESIDENTIAL (R-3)
ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
WHEREAS, On February 14, 2023, 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 19183 for the property located at 1952 and 1958 East Veterans Way.
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:
Resolution R-2023-14
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 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 and proposed subdivision is consistent with the City's General Plan and the Placentia Municipal Code. The General Plan Land Use designation for the subject site is 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 1.3 -acre parcel into 39 residential condominiums (townhomes) consistent with the "R-3" High Density Residential Zoning District and consistent with the General Plan Land Use designation. Therefore, the site is physically suitable for the proposed type and density of development as it is in conformance with the PMC and General Plan.
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 Title 22 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 subdivision 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 1.3 acre property into 39 residential condominiums (townhomes). Therefore, the proposed Tentative Tract Map and it's designs and proposed improvements are consistent with all polices, programs, and goals of the General Plan and PMC.
Resolution R-2023-14
f. That the design of the subdivision or the type of improvements will not conflict with easements of record, 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 applicant 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 and vacant property that has only limited vegetation. There are no known areas within the City that host wildlife or their habitat. In addition, neither the design nor types of improvements associated with the Tentative Tract Map are likely to cause serious public health problems.
Section 3. a. The City Council of the City of Placentia finds that TTM 19183 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 19183, 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.
Resolution R-2023-14
PASSED, ADOPTED and APPROVED this 21st day of March 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
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 21St day of March 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
Resolution R-2023-14
Attachment "A"
Special Conditions of Approval for
Tentative Tract Map No. TTM 19183
1952 and 1958 East Veterans Way
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 No. TTM 19183 and the final map is contingent upon City Council Approval.
4. TTM 19183 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.
Resolution R-2023-14
6. TTM 19183 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
7. 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.
8. 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.
9. The approval of Tentative Tract Map No. TTM 19183 shall be contingent upon approval of Development Plan Review No. DPR 2022-01 and Use Permit No. UP 2022-01. 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 19183 shall be deemed null and void.
10. Comply with all applicable conditions of approval of DPR 2022-01 and UP 2022-01.
PUBLIC WORKS — ENGINEERING DIVISION:
11. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
Final Map
12. Applicant shall provide a quitclaim or relocation of any existing easements that affect the proposed development in addition to all the necessary easements and dedications for all the street improvements and access to the property by the City.
13. The applicant shall prepare and submit a preliminary title report not older than 90 days.
14. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements, 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.
Resolution R-2023-14
15. 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.
16. Developer shall provide CASp inspection and Certification of all improvements located within the public Right-of-way as ADA compliant.
17. This project falls under the City's Municipal Code: 8.04.390 Special requirements for construction/deconstruction waste. This is to ensure the diversion of at least fifty (50) percent of all construction/deconstruction waste generated within the city the following special requirements apply to all covered projects as listed in Section
8.04.400:
a. All contractors or owner -builders applying for a permit are required to complete a project form and attest that only an authorized city agent will be used to haul debris and other solid waste generated by that project. b. All contractors or owner -builders are required to place a deposit with the city to ensure their compliance with the required use of an authorized city agent. The specific deposit amount shall be an equivalent to One (1.00) percent of the total project value.
c. Upon completion of the project, and if proof deemed satisfactory by the city confirms that all solid waste hauling for that project was done by an authorized city agent then a full refund of the deposit will be made.
Acceptable forms of proof are weight tickets, collection receipts, billings, or similar statements from an authorized city agent showing that they performed solid waste collection at the location established for that project. It is the contractor's or owner -builders' responsibility to provide receipts covering all hauling activity for that project. Failure to provide complete records will be deemed as noncompliance.
d. Failure to provide receipts or other acceptable proof of compliance for all solid waste hauling on a project will result in the forfeiture of one hundred (100) percent of deposited funds. (0-2011-08 § 2, 2011)
18. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
19. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development. The developer will accept and take over all the existing Slope and Maintenance Easement Deeds on both Parcels A & B, being developed. The City will Quitclaim these deeds to the developer prior to the approval of the final map.
20. The applicant shall prepare and submit a preliminary title report no older than 90 days.
Resolution R-2023-14
21. 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.
22. 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.
23. 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.
24. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development.
25. The applicant shall prepare and submit a preliminary title report no older than 90 days.
26. 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.
27. 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.
28. 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.
Resolution R-2023-14