Resolution-PC 2013-049RESOLUTION NO. PC20 -049
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2012 -130 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV20t2- 00120)
(4905 EAST HUNTER AVENI?E)
WHEREAS, the Planning Commission did receive a verified Petition for
Tentative Parcel Map No. 2012- 130 to permit a four -lot industrial subdivision for conveyance
purposes (collectively referred to herein as the 'Project ") on that certain real property located at
4905 East Hunter 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 9.88 -acre Property is developed with four industrial buildings
and is located in the Expanded Industrial Area (Development Area 2) of the(Northeast Area
Specific Plan No. 94 -1. The Property is designated for Industrial land uses in the City of
Anaheirn General Plan; and
WHEREAS, the Planning Commission did hold a public 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 Chapter 18.60 of the
Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the
proposed project to investigate and make findings and recommendations in convection therewith;
and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq., herein referred to as "CEQA"), the Planning
Commission finds and determines that proposed Project represented by Tentative Parcel Map
2012 -130 is within that class of projects which consist of the divisions of property meeting the
conditions described in Section 153 t5 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 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 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 Tentative Parcel Map 2012 -130 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 determine the following facts:
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1. 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 Platt 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.
1 That the site is physically suitable for the type and density of the proposed
industrial 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 no sensitive
environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likely 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 IT RESOLVED that this Planning Commission does
hereby approve Tentative Parcel Map No. 2072 -130, subject to and contingent upon 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 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 1$,64.170 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 heremabove 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 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.
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 (lays 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. RESOI,U 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.
CHAIR, ANAHEIM CITY PLA_ )NG COMMISSION
A'f TEST:
' z
SENIOR 'SE RETARY, ANAHEIM CITY PLANNING COMMISSION
S'L'ATE OF CALIFORNIA )
COUNTY OE ORANGE
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, PERSAUO,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, 9 have hereunto set my hand this ] '` day of July, 2013.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "All
DE V NO. 2012-00120
4 PC2013 -049
EXHIBIT 46W,
TENTATIVE PARCEL MAP NO, 2012 -130
(UEV2012- 00120)
P CONDITIONS OF APPROVAL It;r,VIEW
S[(�lA 'D
EY
OFF '
PRIOR TO I SSUANCE OF BUILDING PER
1 That all requests for new water services or fire lines as well as any Public,
modifications, relocations, or abandonment of existing water Utilities-
services and fire lines, shall be coordinated through Water Water
Engineering Division of the Anaheim Public Utilities Department. Engineering
Prior to issuance of a building permit, the developer shall submit to
the Public Works Department, Development Services Division
Public Works
Development
street improvement plans. fine plans shall include the. construction
' of sidewalk per Public Works Standard Detail Into. 160 -A, sidewalk
Services
access ramps, and landscape and irrigation improvements, Existing
landscape and irrigation improvements shall be protected in place
and or replaced, as dete rmined by City Engineer.
_
Prior to issuance of a building permit, the legal property owner shall
irrevocably offer to dedicate to the City of Anaheim on the final
public Works
map an easement 38 feet in width from the centerline of I-Iunter
Development
_
Avenu for road and pub utilit purposes.
Services
4
The parking area for Parcel 3 shall be properly striped as shown or.
Planning
I
the parcel map. Parking lot striping shall be provided, per City
j Department
Standard Detail No. 470. Disabled parking spaces shall be provided
in accordance with the Americans with Disabilities Act and City
Standard Detail No. 436 -G. The restriping improvements sh 1 be
I
Shown on the plans submitted for building permits and sha?1 be
completed prior to occupancy of the proposed use.
GENE RA,t✓
5
The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents ( collecfively,
Plannin<
referred to individually and collectively as "Indemnities ") from any
Department
and ati 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. 'Ihe Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnities and costs of suit, claim or
litigation including without limitation attorneys fees and other
costs, liabilities and expenses incurred by Indemnities in connection
w ith s uch proceed'ng.
6
Subject property shall be developed, maintained and operated
Planning
substantially in accordance with plans and specifications submitted
Department
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.
I
PC2013 -049
.. 6 - PC201 1 -044
T'
NO.
CONDITIONS OFAPPROVAL
REVIEW
SIGNED�
BY
OFF BY 33
7
The thirty foot easement for utility purposes located over parcel 2
Planning/
shall be removed.
Public Works
Real
Property
Services
j
PRIOR
TO A PPRO V AL WA trF'ATE'Id LYPROVEMENT PLAN
The Owner shall irrevocably offer to dedicate to the City of
Public
Anaheim (i) an easement for all large domestic above - ground water
Utilities-
( meters and fire hydrants, including a five (5) -foot wide easement
Water
around the fire hydrant and /or water meter pad. (ii) a twenty (20)
Engineering
foot wide easement for all water service laterals all to the
satisfaction of the Water Engineering Division. The easements shall
j 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
I
restoring any special surface improvements, other than asphalt
paving, including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative bardscape, 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 surface improvements other than asphalt
paving shall be the responsibility of the Owner and included and
recorded in the M aster CC & R's for the project.
�_
_
PRIOR `TO RECOR IDATION OF PARCEL AIAP
g
A Reciprocal Easement Agreement (REA) for ingress /egress,
i'lanningf
� parking, maintenance and trash pick-up will be required as a
public Works
condition of approval of the Subdivision application. The REA (i)
Development
must run with the land in perpetuity, (ii) shall inure to the benefit
of, and be enforceable by, the City by any legal or equitable means
Services
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 1
E
prior written consent. he 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
j
the property. _
10
The final map shall be submitted to the City of Anaheim Department
Public Works
of Public Works and the Orange County Surveyor for technical review
Development
and verified that all applicable conditions of approval have been
Services
complied with and then shall be recorded in the Office of the Orange
County Recorder.
1 i
A maintenance covenant shall be submitted to the Public Works
Public Works
Department Development Services Division and approved by the
Development
City Attorneys office. The covenant shall include provisions for
Services
maintenance of private, facilities, including compliance with an
Water Quality Management Plan, if any, and a maintenance
a pproved
exhibit. Maintena respo s hall in clude p arkway
.. 6 - PC201 1 -044
F NO.
i CONDITIONS OF APPROVAL
REVIEW
SIGNED �
�
BY
OFF BY I
—
1' andscaping and irrigation on Landon Drive and Manassero Street.
The covenant shall be recorded in the Office of the Orange County
Recorder.
I-)
Prior to approval of final ;nap, a security shall be provided to
Public Works
guarantee the construction of all public works improvements. The
Development
Seciurity shall be provided in an amount approved by the City Engineer
and in a form approved by the City Attorney.
Services
_ 13
Prior to approval of final map, the developer shall provide a security
Public Works
I
to guarantee the installation of required survey monuments. The
Development
security shall be provided to the City in an amount stipulated by the
� professional survey of record, and in a format approved by the City
Services
;
Attorney.
�
14
Prior to approval of the Final Parcel Map, Developer/Applicant
Public
shalt form a legal association of all the properties and units served
j
Utilities -
and prepare CC &Rs that define the perpetual responsibility for the 9
Water
maintenance of all communal backflow prevention devices and the
Engineering
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.
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