Resolution-PC 2013-056RESOLUTION NO. PC2013 -056
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2013-130 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00057)
(100 NORTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission did receive a verified Petition for the
approval of Tentative Parcel Map No. 2013 -130 to permit a one -lot, 36 -unit commercial airspace
subdivision (collectively referred to herein as the "Project ") on that certain real property located
at 100 North Harbor Boulevard 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 2.133 -acre Property is currently developed with a 36,000 square
foot multi - tenant office complex and is located in the O -L (Low Intensity Office) zone. The
Property is designated for Downtown Mixed -Use which includes office and professional uses in
the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 12, 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 hear 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 seq.; 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 division 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. The Property complies with all of the conditions described in Section 15315 of the
CEQA Guidelines. Accordingly, 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 one -lot 36 -unit commercial air space
subdivision, 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 Downtown Mixed -Use land use designation in the Anaheim General Plan and, more
specifically, the O -L (Low Intensity Office) zone and with the zoning and development standards
contained in Chapter 18.08 of the Code for commercial zones.
2. That the site is physically suitable for the type and density of the proposed
Project.
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 expansion is proposed to the existing office building.
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. 2013 -130, subject to and contingent upon satisfaction
of the conditions of approval described in Exhibit B 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
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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 12, 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, ANA14EIM CITY
ATTEST:
NNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF ANAHEIM }
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 August 12, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, PERSAUD,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 12` day of August, 2013.
SENIOR SLCRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00057
APN: 255 -064 -17
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2013-130
(DEV2013- 00057)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department
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
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
2
Subject property shall be developed, maintained and operated
Planning
substantially in accordance with plans and specifications
Department
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.
3
A maximum of 36 commercial airspace units may be permitted for
Planning
the two -story office building.
Department
PRIOR TO RECORDA TION OF PARCEL MAP
4
That all requests for new water services or fire lines, as well as
Public Utilities -
any modifications, relocations, or abandonment of existing water
Water
services and fire lines, shall be coordinated through Water
Engineering
Engineering Division of the Anaheim Public Utilities
Department.
5
That all existing water services and fire services shall conform to
Public Utilities -
current Water Services Standards Specifications. Any water
Water
service and/or fire line that does meet current standards shall be
Engineering
upgraded if continued use is necessary or abandoned if the
existing service is no longer needed. The owner /developer shall
be responsible for the costs to upgrade or to abandon any water
service or fire line.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
6
That individual water service and /or fire line connections will be
Public Utilities -
required for each parcel or commercial unit per Rule 18 of the
Water
City of Anaheim's Water Rates, Rules and Regulations.
Engineering
PRIOR TO RECORDATION OF PARCEL MAP
7
A Reciprocal Easement Agreement (REA), or such other similar
Planning
agreement as may be acceptable to the City Attorney, which
Department
provides for shared ingress /egress, parking, maintenance and
trash pick -up will be required as a condition of approval of the
Subdivision application. Said agreement (i) 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 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. Said agreement shall be reviewed
and approved by the City Attorney prior to its execution and
recordation in the Official Records of the County of Orange. A
copy of the recorded agreement shall then be submitted to the
Planning Department. The agreement shall be referenced in all
deeds transferring all or any part of the interest in the property.
8
Prior to approval of the Final Parcel Map, Developer /Applicant
Public Utilities-
shall form a legal association of all the properties and units
Water
served and prepare CC & R's that define the perpetual
Engineering
responsibility for the maintenance of all communal backflow
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.
9
The Parcel Map shall be submitted to and approved by the City
Public Works -
of Anaheim and the Orange County Surveyor and then shall be
Development
filed in the Office of the Orange County Recorder. A reciprocal
Services
access agreement shall be recorded concurrently with the Parcel
Map.
10
The property owner shall irrevocably offer to dedicate to the
public Works -
City of Anaheim that portion of the Property along Harbor Blvd.
Development
and Chartres Street that will be necessary to complete a 60 -foot
Services
wide easement from the construction centerline of Harbor Blvd.
and a 30 -foot wide easement from the centerline of Chartres
Street; which offer of dedication shall be for road, public utilities
and other public purposes. Corner cut -off dedications at Harbor
Blvd. and Chartres Street, Harbor Blvd. and Lincoln Avenue are
also required.
-6- PC2013 -056
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
11
Prior to final map approval, a maintenance covenant shall be
Public Works -
submitted to the Public Works Department/Development Services
Development
and approved by the City Attorney's office. The covenant shall
Services
include provisions for maintenance of private facilities and shall be
in compliance with the approved Water Quality Management Plan,
and a maintenance exhibit. Maintenance responsibilities shall
include parkway landscaping and irrigation on Harbor Blvd.,
Lincoln Avenue and Chartres Street. The covenant shall be
recorded in the Office of the Orange County Recorder concurrently
with the final map.
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