Resolution-PC 2013-084RESOLUTION NO. PC2013 -084
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2013 -153 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00085)
(1801 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission did receive a verified Petition for the
approval of Tentative Parcel Map No. 2013 -153 to subdivide a parcel, creating an airspace
subdivision for a previously- approved hotel and pharmacy (collectively referred to herein as the
"Project ") on that certain real property located at 1801 South 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 1.60 -acre Property is currently under construction with a 172 -
room hotel and pharmacy and is located in the SP92 -2 (Anaheim Resort Specific Plan) zone.
The Anaheim General Plan designates the Property for Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 2, 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 subdivide a parcel, creating an airspace
subdivision for a previously- approved hotel and pharmacy, does find and determine the
following facts:
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I . That the proposed Project, including its design and improvements, is consistent
with the Commercial Recreation land use designation in the Anaheim General Plan and, more
specifically, the SP92 -2 (Anaheim Resort Specific Plan) zone and with the zoning and
development standards contained in Chapter 18.116 of the Code.
Proj ect.
2. That the site is physically suitable for the type and density of the proposed
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 -153, 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 December 2, 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 ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 2, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day of
December, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2013 -00085
APN: 137- 161 -11
W KATELLA AVE
117 ��,
LT� 145'
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Feet Please note the accuracy is +/- two to five feet.
-4- PC2013 -084
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2013-153
(DEV2013- 00085)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
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
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days
Department
of the issuance of the final invoice or prior to the issuance of
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of required
permits or may result in the revocation of the approval of this
application.
3
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
Nos. 1 -4, and as conditioned herein.
PRIOR TO RECORDATION OF PARCEL MAP
4
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
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
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.
5
The Parcel Map shall be submitted to and approved by the City
Public
of Anaheim and the Orange County Surveyor and then shall be
Works -
filed in the Office of the Orange County Recorder. A reciprocal
Development
access agreement shall be recorded concurrently with the Parcel
Services
Map.
6
Prior to final map approval, a maintenance covenant, shall be
Public
submitted to the Public Works Department/Development Services
Works -
and approved by the City Attorney's office. The covenant shall
Development
include provisions for maintenance of private facilities and shall be
Services
in compliance with the approved Water Quality Management Plan,
and a maintenance exhibit. Maintenance responsibilities shall
include parkway landscaping and irrigation on Harbor Blvd and
Katella Avenue. The covenant shall be recorded in the Office of the
Orange County Recorder concurrently with the final map.
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