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.
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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.
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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
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EXHIBIT "A"
DEV NO. 2010 -00005
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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