RESOLUTION NO. PC -2023-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PLACENTIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, APPROVAL OF TENTATIVE TRACT
MAP NO. TTM 19183 FOR THE SUBDIVISION OF 39 RESIDENTIAL TOWNHOME UNITS FOR CONDOMINIUM PURPOSES ON A 1.3 -ACRE
LOT LOCATED WITHIN THE HIGH DENSITY RESIDENTIAL (R-3)
ZONING DISTRICT LOCATED AT 1952 AND 1958 EAST VETERANS
WAY (APN: 346-331-33 & 346-331-35) AND MAKING FINDINGS THAT
THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SET FORTH IN TITLE 14 CCR § 15332 (CLASS 32 — INFILL DEVELOPMENT
PROJECTS) AND THE CITY OF PLACENTIA ENVIRONMENTAL
GUIDELINES.
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 project 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 regarding Veterans Way Development, c/o Alan Toffoli, application for a Tentative Tract Map.
WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the Planning Commission of the City of Placentia recommends to the City Council the following:
Section 1. The Commission 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 Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony and development plans, this Commission 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 TTM 19183
Attachment A
within the neighborhood or within the city. Subject to compliance with the attached Conditions of Approval set forth in Attachment "A" of 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 High Density Residential (R-3) 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 is "High Density Residential", and the proposed use does not involve any change in the land use of the subject site. The proposed project involves the development of four, three-story, multi -family buildings consisting of a total of 39 residential townhome units. c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21, "R -3" -High Density Multiple -Family District, of the PMC. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed Development approval includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements. d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this development approval. Attachment "A" contain Conditions of Approval and Standard Development requirements specific to this development application in order to provide assurances that the proposed construction of the residential development project 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. The proposed Tentative Tract Map is to support the construction of four, three-story, multi- family buildings consisting of a total of 39 residential town home units on the site. The proposed residential development is consistent with all polices, programs, and goals of the General Plan.
f. That the site is physically suitable for the type of development. The subject site is a 1.3 -acre parcel, which has been designed to accommodate the development, as well as sufficient parking and landscaping. Based on this, the subject site is adequate to accommodate the proposed residential development. g. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision is to allow the formation and subdivision of 39 residential condominium units within the City of Placentia that will accommodate four residential townhome buildings.
TTM 19183
Attachment A
h. 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. Although easements have been found, they are mostly for utility access only. All of the easements will be protected in place and will not be altered by the construction of the project.
i. 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, with a legal non- conforming single-family residential home and limited vegetation. There are no known areas within the City that host wildlife or their habitat, most particularly species. j. The intent of the R-3 zone is to stabilize and maintain the residential character of the district for high density apartment living . The applicant has designed the residential development in a manner that accomplishes all of the goals of the General Plan and Zoning Code, while avoiding significant impacts to the neighboring properties by utilizing proper site design and good architecture. Furthermore, the proposed design will enhance the streetscape, thus providing a pleasing aspect to those driving along Veterans Way.
k. The proposed development's site plan and its design features, including architecture and landscaping are consistent with the General Plan, and will integrate harmoniously with and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City.
Section 3. The Planning Commission hereby recommends: (a). The City Council of the City of Placentia find that Notice Of Exemption, adopted with respect to the project was prepared in compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 21000, et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, §§ 15332, In -Fill Development Projects, et seq., and the Environmental Guidelines of the City of Placentia and that the Council review and consider the information contained in said Notice Of Exemption with respect to the Application;
(a). The City Council find and determine that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
(b). The City Council find 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.
TTM 19183
Attachment A
Section 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby recommends that City Council approve Tentative Tract Map 19183, as modified herein, and specifically subject to the conditions set forth in Attachment "A" attached hereto and by this reference incorporated herein.
Section 5. The Secretary to the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.
ADOPTED AND APPROVED THIS 14TH DAY OF FEBRUARY 2023.
FRANK PEREZ, CHAIR
I, Joseph M. Lambert, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Placentia held on the 14th day of February, 2023, and was passed at this regular meeting of the Planning Commission of the City of Placentia held on the 14th day of February, 2023, by the following vote:
AYES: COMMISSION MEMBERS: ROCKE, EVANS, POLICHETTI,
KELLER, SILVESTRI
NOES: COMMISSION MEMBERS: NONE
ABSENT: COMMISSION MEMBERS: PEREZ
ABSTAINED: COMMISSION MEMBERS: NONE
ATTEST:
JOSEPH M. LAMBERT,
SECRETARY TO THE PLANNING COMMISSION
APPROVED AS TO FORM:
CITY ATTORNEY
TTM 19183
Attachment A
Attachment A: Conditions of Approval for Tentative Tract Map No. 19183 TTM 19183
Attachment A
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.
TTM 19183
Attachment A
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.
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 TTM 19183
Attachment A
to occupancy of the development and subject to review and approval by the City Engineer.
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 TTM 19183
Attachment A
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.
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 TTM 19183
Attachment A
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.
TTM 19183
Attachment A