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Resolution-PC 2011-075RESOLUTION NO. PC2011 -075 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2011-116 (DEV20 1 1- 00045) (336 — 440 SOUTH ANAHEIM BOULEVARD AND 415 SOUTH CLAUDINA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for a tentative parcel map to consolidate 14 parcels into 4 parcels to permit a future outdoor marketplace, parking lot, and two commercial developments within the "Packing District" on certain real properties in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the properties are currently developed with two commercial buildings (Packard and Packing House buildings) and a vacant lot and the properties are located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone. The Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 26, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed tentative parcel map and to investigate and make findings and recommendations in connection therewith, and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the Mixed Use land use designation in the Anaheim General Plan and the development standards contained in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone. 2. That the site is physically suitable for the type and density of the proposed commercial subdivision. 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant. 1 PC2011 -075 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, and any new construction will be in compliance with Code requirements. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2011 -116 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building peiniits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 2 - PC2011 -075 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 26, 2011. A'1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) E Y ANAHEIM CITY PLANNING CITY PLANN SENIOR SECR ING COMMISSION CHAIRMAN, ANAHEIM C TY PLANNING I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 26, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of September, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -075 APN: 037 - 023 -10 037 -023 -12 037 -023 -14 251 - 084 -08 037 -023 -13 037 -023 -11 un g EXHIBIT "A" DEV NO. 2010 -00005 r • 4- VFt Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -075 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL MAP APPROVAL The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Public Works, Development Services 2 An unsubordinated restricted covenant providing reciprocal access and parking, approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Planning 3 The developer shall offer to dedicate to the City additional easements for public right -of -way as follows: 1 to 2 feet along existing public alleys, 53 feet from the centerline of Anaheim Boulevard, and 35 feet from the centerline of Santa Ana Street. public Works, Development Services 4 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map) as conditioned herein. Planning EXHIBIT `B" TENTATIVE PARCEL MAP NO. 2011-116 (DEV2011- 00045) 5 - PC2011 -075