Resolution-PC 2013-048RESOLUTIO NO. P _'201
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP :NO. 2012 -129 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV20 1 2- 001 19)
(4900 EAST LANDON DRIVE)
WHEREAS, the Planning Commission did receive a verified Petition for
Tentative Parcel Map No. 2012 -129 to permit a three -lot industrial subdivision for conveyance
Purposes (collectively referred to herein as the "Project ") on that certain real property located at
4900 East Landon Drive in the City of Anaheim, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the 6.90 -acre Property is developed with three industrial buildings
and is located in the Expanded Industrial Area (Development Area 2) of the (Northeast Area
Specific Plan No. 94 -1 (SP94 -1). The Property is designated for Industrial land uses in the City
of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold apublic hearing at the Civic
Center in the City of Anaheim on July 1, 2013, 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 Chapter 18.60 of the
Anaheim Municipal Code (herein referred to as the "Code "), to bear and consider evidence: for
and against the proposed Project to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seg., herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed Project is within that class of projects which
consists of the divisions of property meeting the conditions described in Section 15315 of Title
14 of the California Code of Regulations ( "CEQA Guidelines"); that is (a) consists of the
division of property in an urbanized area zoned for industrial use into four or fewer parcels when
the division is in conformance with the General Plan and the Zoning Code, (b) no variances or
exceptions are required, (c) all services and access to the proposed parcels to local standards are
available, (d) the parcel, prior to its division, was not involved in a division of a larger parcel
within the previous two years and (e) the parcel does not have an average slope of greater than
20 percent. Accordingly, pursuant to Section 15315 of the CEQA Guidelines, the proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA; 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 pertaining to the request to permit a three -lot industrial subdivision for
conveyance purposes, does find and detertnine the following facts:
PC20 4 3 -048
I . That the proposed Project, including its design and improvements, is consistent
with the Industrial land use designation in the Anaheim General Plan and, more specifically, the
Northeast Area Specific Plan No. 94 -1 (SP94 -1) and with the zoning and development standards
contained in Chapter 18.120 of the Code for the Expanded Industrial Area (Development Area 2)
of the Northeast Area Specific Plan No. 94 -1 (SP94 -1).
2. That the site is physically suitable for the type and density of the proposed
Project.
3. That Cie design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likel to
cause serious public health problems, as no changes are proposed to the existing industrial
buildings.
5. 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.
NOW, THEREFORE, BE If RESOLVED that this Planning Commission does
hereby approve Tentative Parcel Map No. 2012 -129, subject to and contingent upon satisfaction
of the conditions of approval described in Ex hibit attached hereto and incorporated herein by
this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
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 said conditions of approval may be granted in
accordance with Section 18.60.170 of the 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 Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that the 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
corn petem jurisdiction, then this Resolution, and any approvals herein contained, sbali 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 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
-2- PC2013 -048
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.. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 1, 2013. Said Resolution is subject to the appeal provisions set forth in Section
17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
� P j)
CHAIR, ANAHEIM CITY PLAN - ING COMMISSION
ATTEST:
r
SENIOR SEXRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 July 1, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK.. FAESSEL, LIEBERMAN, PERSA:UD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set try hand u'ais "' day of July, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2013 -048
EXHIBIT "A"
DEV NO. 2012 -00119
4- PC2013 -048
EXHIBIT 11TV,
TENTATIVE PARCEL MAP NO. 2012-129
(DEV2012- 00119)
- 5 - PC2013 -048
�^
NO.
CONDITIONS O )OPROVAL
REVIEW BY
SIC :NEIL
OFF' BY
PRIOR TO ISSUANCE OF BUILDING PERMIT
I
_
That all re0uests for
new water services or fire lines, as well
Public Utilities-
as any modifications, relocations, or abandonment of
Water
existing water services and fire lines, shall be coordinated
Engineering
through Water Engineering Division of the Anaheim Public
Utilities Department.
2 Prior to issuance of a building permit, the developer shall public Works
submit to the Public Works Department, Development
Development
Services Division street improvement plans. The plans shall
Services
include the construction or sidewalk per Public Works
Standard Detail No. 160 -A, sidewalk access ramps, and I
landscape and irrigation improvements. Existing landscape
and irrigation improvements shall be protected in place and
or replace as determined by Cit En =in eer. I
Prior to issuance of a building permit, the legal property Public Works
owner shall irrevocably offer to dedicate to the City of
Anaheim on the final map an easement 38 feet in width from Development
the centerline of Landon Drive and Manassero Street for Services
road and public utilities purposes.
I GENERA — D
{ 4 The Applicant shall defend, indemnify, and hold harmless — `T
Planning
khe City and its officials, officers, employees and agents
� Department
(collectively referred to individually and collectively as
"indemnities ") from any and all claims, actions or
proceedings brought against Indemnities to attack, review,
set aside, void, or annul the decision of the Indemnities
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. 'The Applicant's indemnification
is intended to include, but not be limited to, damages, fees
and /or costs awarded against or incurred by Indemnit es and
costs of suit_ claim or litigation including without limitation
attorneys lees and other cost, liabilities and expenses
incurre by Ind in connection with such prroceedin
5
Subject property shall be developed, maintained and
— --
Planning
operated substantially in accordance with plans and
Department
specificatons submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, and as conditioned
herein.
- 5 - PC2013 -048
NO.
CONDITIONS OF Ai'I?i2OV iL
�REVIE4� B3
SIGNED
OFF BY
6
The thirty foot easement for utility purposes located over
Planning/Public
parcel 2 shad be removed.
Works Real
I Property
�_ 1
( Services
I'VOR TO APPlRO VA.L CSI'` ATER IVPR6VCs�Y KVT PI AIV -
7
The Owner shall irrevocably offer to dedicate to the Cit of
Public OtiGties-
Anaheim (i) an easement for all large domestic above-
Water
ground water meters and fire hydrants, including a five (5)-
� Engineering
foot wide easement around the fire hydrant and/or water
i meter pad. (ii) a twenty (20) foot wide easement for all water
service laterals all to the satisfaction of the Water
Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities
Department's standard water easement deed. The easement
deeds shall include language that requires the Owner to be
responsible for restoring any special surface improvements,
other than asphalt paving, including but not limited to
colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes
damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for the repair,
replacement and maintenance of all sur improvements
other than asphalt paving shall be the responsibility of the
Owner and included and recorded in the 'Master CC & 12's
for the project.
PRIOR TO RF,CORDATION OF PARCEL MAP
8
A Reciprocal Easement Agreement (REA) for
ingress /egress, parking, maintenance and trash pick up will
Planning
Department
be required as a condition of approval of the Subdivision
application. The IDEA, fil must run with the land in
perpetruty, (ii) shall inure to the benefit of. and be
enforceable by, the City by any legal or equitable means
against any person or persons in actual possession of the
properties who directly or through any agent violate the
terms hereof; and (iii) shall not be modified, supplemented
or amended without the City's prior written consent. The
REA shall be recorded with the Office of the Orange County
Recorder. A copy of the covenant shall then be submitted
to the Planning Department. The covenant shall be
referenced in all deeds transferring all or any part of the
interest in the property.
-6- PC2013 -048
NO.
(:t }NDITIONS OF A :PPROVA.L-
� REVIEW BY
SIGNED
'!
I
f
OFF BY
(
The final map shalt be submitted to the Cite of .Anaheim
Public Works
Department of Public Works and the Orange County Surveyor
Development
for technical review and verified that all applicable conditions
Services
of approval have been complied with and then shall be
recorded in the Office of the Orange County Recorder.
14
A maintenance covenant shall be submitted to the Public
Public Works
Works Department, Development Services Division and
Development
approved by the City Attorney's office. The covenant shall
Services
include provisions for maintenance of private facilities,
including compliance with an approved Water Quality
Management Plan, if any, and a maintenance exhibit.
Maintenance responsibilities shall include parkway
landscaping and irrigation on Landon Drive and Manassero
Street. The covenant shall be recorded in the Office of the
Orange Comity Recorder.
11
Prior to approval of final map, a security shall be provided to
Public Works
guarantee the construction of all public works improvements.
Development
The security shall be provided in an amount approved by the
Services
12
City Engineer and ma form approved by the City Attorney-
Prior to approval of final map the developer shall provide a
Public Works
security to guarantee the installation of required survey
Development
monuments. The security shall be provided to die City in an
Services
r
amount stipulated by the professional survey of record, and in
a format approved by the City Attorney
13
Prior to approval of the Final Parcel Map,
Public U lities-
m
Developer/Applicant shall form a legal association of all the
Water
properties and units served and prepare CC &Rs that define the
Engineering
perpetual responsibility for the maintenance of all
backllow prevention devices and the payment of all utility
services provided and the individual responsibility of all
association members. The draft CC &R's shall be submitted to
Water Engineering for review prior to approval of the Final
—
Parcel Map. —
-7- PC20 13 -048