Resolution-PC 2014-032RESOLUTION NO. PC2014 -032
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2013 -123 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00098)
(1202 — 1204 NORTH MILLER STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition for Tentative Parcel Map No. 2013-
123 to establish a two lot industrial subdivision (herein referred to as the "Proposed Project ") for
that certain real property located at 1202 — 1204 North Miller Street in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 13.42 acres, is developed with
two industrial buildings which are currently under construction. The Property is located in and
subject to the regulations and development standards of the Northeast Area Specific Plan,
Development Area 3 - La Palma Core Area (SP94 -1, DA 3) Zone. The Anaheim General Plan
designates the Property for Industrial land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 21, 2014 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 proposed Tentative Parcel Map No. 2013 -123 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 a division of property in an urban area zoned for industrial use into four or fewer
parcels when the division is in conformance with the General Plan and zoning, no variances are
required, all services and access to the project site are available, the parcel was not involved in
the division of a larger parcel within the previous two years, and the parcel does not have an
average slope greater than 20 percent at the time of this determination, and that, therefore,
pursuant to Section 15315 of Title 14 of the California Code of Regulations, 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 with respect to the request to establish a two lot industrial subdivision, has
determined that Tentative Parcel Map No. 2013 -123 should be approved for the following
reasons, does find and determine the following facts:
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I . The proposed request to permit 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 La Palma Core Area
(Development Area 3) of the Northeast Area Specific Plan No. 94 -1 (SP94 -1); and
2. The site is physically suitable for the type and density of the proposed Project; and
3. The 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 in the vicinity; and
4. The 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 which are under construction; and
5. The 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 the Planning Commission does hereby
approve Tentative Parcel Map No. 2013 -123, contingent upon and subject to 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 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 any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 21, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
i
h1.
CHAIR, ANAHEIM CITY PL 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 April 21, 2014, 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 21 day of April,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00098
APN:345
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0 550 190 Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
-4- PC2014 -032
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2013-123
(DEV2013- 00098)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO RECORDATION OF PARCEL MAP
1
A Reciprocal Easement Agreement (REA) for
Planning
ingress /egress, parking, maintenance and trash pick -up
Department
will be required as a condition of approval of the
Subdivision application. The REA (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. The REA 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 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.
2
A maintenance covenant shall be submitted to the
Public
Subdivision Section of the Public Works Department for
Works -
review and approval by the City Attorney's office. The
Development
covenant shall include provisions for maintenance of
Services
private facilities, including compliance with an approved
Water Quality Management Plan, and a maintenance
exhibit. Maintenance responsibilities shall include
parkway landscaping and irrigation on Miller Street. The
covenant shall be recorded in the Official Records of the
County of Orange concurrently with the final parcel map.
3
The legal property owner shall execute a Subdivision
Public
Agreement, in a form approved by the City Attorney, to
Works -
complete the required public improvements at the legal
Development
property owner's expense. Said agreement shall be
Services
submitted in a form satisfactory to the Public Works
Department (Subdivision Section) and approved by the
City Attorney and City Engineer.
4
An irrevocable offer of dedication along portions of Miller
Public
Street for future traffic signals is required and needs to be
Works -
submitted to the Public Works Department prior to
Development
approval of the Final Parcel Map 2013 -123.
Services
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
5
The developer shall complete the requirements of the
Public
street improvements including landscaping and irrigation
Works -
along the frontage of Miller Street as submitted per
Development
RCP2013- 09771.The improvements shall be constructed
Services
prior to final building and zoning inspections.
GENERAL CONDITIONS
6
The Applicant shall defend, indemnify, and hold
Planning
harmless the City and its officials, officers, employees
Department
and agents (collectively referred to individually and
collectively as "Indemnitees ") from any and all claims,
actions or proceedings brought against Indemnities to
attack, review, set aside, void, or annul the decision of
the Indemnitees 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 Indemnitees and costs of suit,
claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such
proceeding.
7
The applicant is responsible for paying all charges related
Planning
to the processing of this discretionary case application
Department
within 30 days 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.
8
The premises shall be developed substantially in
Planning
accordance with the plans and specifications submitted to
Department
and reviewed and approved by the City of Anaheim,
which plan is on file with the Planning Department.
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