RESOLUTION NO. R-2024-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTALQUALITYACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE PARCEL MAP (TPM) 2024-113
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 440 N. JEFFERSON STREET (ASSESSOR'S PARCEL
NUMBERS 346-162-01 AND 346-162-02 ) AND MAKING
FINDINGS IN SUPPORT THEREOF
A. Recitals.
WHEREAS, On July 9, 2024, 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 2024-113 for the property located at 440 N. Jefferson Street (Assessor's Parcel Numbers 346-162-01 and 346-162-02).
WHEREAS, The City Council heard testimony, received a report and other relevant information from City staff, 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 specificallyfindsthatall 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 (AttachmentA to this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and Resolution R-2024-57
ATTACHMENT 1
developmentstandards of the (R-3) High Density Multiple-FamilyZon ing District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC). b. The proposed use is consistentwith the City's General Plan.
The General Plan Land Use designation forthe 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 +/- 4.97 -acre parcel into four parcels with a remainder parcel for financial purposes that is consistent with the (R-3) High Density Multiple Family Zoning District and the 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 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 necessaryto secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attach ment"1.A" of the staff report (Attach mentA 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 Parcel Map application is to subdivide an existing 4.97 -acre parcel into four parcels, with a remainder parcel, for financial purposes only. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision orthe 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 theCitythathostwildlife or their habitat.
Section 3. a. The City Council of the City of Placentia finds that TPM 2024-113 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 Resolution R-2024-57
ATTACHMENT 1
Environmental Guidelines of the City of Placentia pu rsuant to the State CEQA Guidelines § 15315 (Class 15 — Minor Land Divisions) as this subdivision will result in the division of property in an urbanized area zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels 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 Parcel Map 2024-113, 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 3rd day of September 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
Resolution R-2024-57
ATTACHMENT 1
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 3rd day of September 2024 by the following vote:
AYES:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2024-57
Robert S. McKinnell, City Clerk
ATTACHMENT 1
Attachment A
Special Conditions of Approval for
Tentative Parcel Map No. TPM 2024-113
440 N. Jefferson St. (APNs: 346-162-01, 346-162-02)
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 TENTATIVE PARCEL MAP 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, indemnifyand hold h armless th e 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 notifythe appl icantof any such claim filed againstthe City and to fully cooperate in the defense of any such action.
3. Approval of TPM 2024-113 and the resulting Final Map is contingent upon City Council approval.
4. TPM 2024-113 shall expire twenty-four (24) months after City Council 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. TPM 2024-113 shall not permit any new construction. Any construction, other than the maintenance and activities of deconstructing and/or decommissioning of onsite oil operations is strictly prohibited. If the developer/owner of each resulting lots requests to construct any onsite structures, a new parcel map and development plan review application package must be submitted to the city to comply with PMC 22.16.020, at which the conditions of approval for the subsequent subdivision and proposed development will replace these conditions.
6. A new tentative tract/parcel map is required to permit any development of the parcels in TPM 2024-113.
7. The developer/property owner agrees to submit a new Tentative Tract/Parcel Map, along with a corresponding development plan, within three (3) months of the City Council approval of TPM 2024-113.
8. 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.
9. TPM 2024-113 and the related Final Map shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
10. Any modifications to the approved TPM and any modifications which will change, expand or intensify the use shall be subjectto review and approval by the Director of DevelopmentServices. The Director of DevelopmentServices or his or her designee may determine if such modifications require approval by the City of Placentia Planning Commission or may be approved administratively by City staff.
BUILDING DEPARTMENT
11. The parcel map, after being approved by City Council, shall be recorded by the Orange County Recording Office.
ENGINEERING DEPARTMENT
12. No construction permit shall be issued.
PLACENTIA FIRE & LIFE SAFETY DEPARTMENT
The following conditions have been applied to the above referenced project pursuant to the City of Placentia Fire and Life Safety Department adopted codes and standards, the 2022 California Fire Code and applicable rules, regulations, and standards. Conditions must be complied with as directed by Placentia Fire and Life Safety Department and shall be reviewed, permitted, inspected, tested, and approved in accordance with the requirements set forth.
13. The project shall comply with all requirements set forth by the California Code of Regulations, Title 24, Parts 1-12.
14. The adopted edition of the California Code of Regulations, Title 24, Parts 1-12, and the Placentia Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
Prior to Construction
15. Placentia Fire & Life Safety Department at time of plan or permit submission will charge certain fees for plan review and inspections. Fees will be determined at the time of plan review and/or inspections.
Resolution No. PC -2023-13
Prior to Occupancy
16. Provide plans as a PDF file for pre -fire planning use by the fire department. Information shall include locations of all exits, stairwells, and roof access. Also, the location of fire hydrants, fire department connections, post indicator valves, backflow prevention, gas, electrical, water, fire sprinkler risers and standpipe valves and shutoffs, and elevator and electrical equipment rooms, fire alarm panels, and remote annunciators. The symbols used for the pre -fire plan must be obtained from Placentia Fire & Life Safety Department.
Resolution No. PC -2023-13