RESOLUTION NO. R-2023-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP (TPM) 2020-124 FOR THE SUBDIVISION OF
THREE (3) RESIDENTIAL TOWNHOME UNITS FOR
CONDOMINIUM PURPOSES ON A 0.19 -ACRE IMPROVED
LOT LOCATED WITHIN THE HIGH DENSITY RESIDENTIAL
(R-3) ZONING DISTRICT AT 803 W. LA JOLLA STREET
A. Recitals
WHEREAS, on November 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 Parcel Map No. TPM 2020-124 for the project located at 803 W. La Jolla Street.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City Staff and members of the public including CHD International, c/o Eric Lin, ("Applicant" hereinafter), regarding a Tentative Parcel 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. 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 a two-story, multi -family building consisting of a total of three attached 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 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 Parcel Map is to support the construction of a two-story, multi -family building consisting of a total of three attached residential townhome units on the site. The proposed residential development is consistent with all polices, programs, and goals of the General Plan, as the condominium townhome development will be consistent with Land Use Policy LU -5.8, by improving the quality of Placentia's multi -family neighborhoods through improved site, building, and landscaping design, and is consistent with Policy LU -1.2 in that the project will accommodate an opportunity for infill multi -family residential development, and is also consistent with Policy LU -2.4 in that this development is designed to be compatible with adjacent neighborhoods. f. That the site is physically suitable for the type of development. The subject site is a 0.19 -acre area, which has been designed to accommodate the development pursuant to allowable density allowed in the R-3 Zone, and the project also is providing 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 of three residential condominium units within the City of Placentia that will accommodate one residential townhome building.
Resolution R-2023-90 ATTACHMENT 1
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 improved property that only has 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 proposed project will create a new multi -family residential development. 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, good architecture, and providing appropriate areas of open space.
Furthermore, the proposed design will enhance the streetscape, thus contributing to aesthetically enrich the La Jolla neighborhood.
k. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously with and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. Currently the site is an underutilized site.
Section 3.
a. Based upon the environmental review of the project, the City Council finds that TPM 2020-124 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 Projects) as the permit would be issued to an infill development project on a qualified site of less than five acres in size.
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 City Council meeting conducted with respect to the Application.
Resolution R-2023-90 ATTACHMENT 1
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2020-124, as modified herein, and specifically subject to the conditions set forth in Attachment A to this Resolution attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 5th day of December 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 5t" day of December 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-2023-90 ATTACHMENT 1
ATTACHMENT "A"
Attachment "A"
Special Conditions of Approval for
Tentative Parcel Map No. (TPM) 2020-124
803 W. La Jolla 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 TPM 2020-124 and the final map is contingent upon City Council Approval.
4. TPM 2020-124 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.
Resolution R-2023-90 ATTACHMENT A
5. A final parcel 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. TPM 2020-124 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. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, Applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy.
Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way.
10. The final action of TPM 2020-124 shall be contingent upon final approval of Use Permit No. UP 2023-10 and Site Plan Review No. SPR 2023-02. In the event the TPM is denied, approval of any of the aforementioned entitlements shall be deemed to be null and void.
11. Comply with all applicable conditions of approval of UP 2023-10 and SPR 2023-02.
PUBLIC WORKS — ENGINEERING DIVISION:
12. Prior to recordation of the final parcel map, the public improvement plans as required shall be prepared and signed by the applicant's Civil Engineer.
Resolution R-2023-90 ATTACHMENT A
Final Parcel Map
13. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development.
14. The applicant shall prepare and submit a preliminary title report no older than 90 days.
15. Prior to approval of the Final Parcel 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.
16. 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 parcel map.
17. Prior to the exoneration of any security, the applicant shall submit a digital copy of the final parcel map and all as built public improvement plans, in a file format acceptable to the City Engineer.
Resolution R-2023-90 ATTACHMENT A