Resolution-PC 2014-079RESOLUTION NO. PC2014 -079
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE TRACT MAP NO. 17796 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00061)
(1311 -1349 NORTH BLUE GUM)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition for Tentative Tract Map No. 17796 to
establish a seven lot industrial subdivision (herein referred to as the "Proposed Project ") for that
certain real property located at 1311 -1349 North Blue Gum 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 9.9 acres, is developed with
seven industrial buildings. The Property is located in and subject to the regulations and
development standards of the Northeast Area Specific Plan, Development Area 1 — Industrial
Area (SP94 -1, DA 1) 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 September 8, 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 Tract Map No. 17796 to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, prior to its proposed subdivision, the Property consists of three (3)
parcels and is fully improved with seven (7) industrial buildings. The purpose of the proposed
subdivision of the Property is to establish separate legal parcels for each of the existing seven
industrial buildings, turning three parcels into seven. Once approved, the subdivision of the
Property will not create the opportunity for the development of any one of the resulting legal
parcels. 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 subdivision of the Property represented by Tentative Tract Map No.
17796 is not a "project" under CEQA, as that term is defined in Section 15378 of the State of
California Guidelines for Implementation of the California Environmental Quality Act
(California Code of Regulations, Title 14, Chapter 3; herein referred to as the "State CEQA
Guidelines ") pursuant to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the Planning Commission also finds and determines that, notwithstanding
its determination set forth in the preceding recital, if the proposed subdivision were to be
considered a "project" under CEQA and the State CEQA Guidelines, it would constitute the
functional equivalent of the type of project which has been determined under CEQA and the
State CEQA Guidelines not to have a significant effect on the environment and, therefore,
categorically exempt from the provisions of CEQA. Specifically, but for the fact that the number
of resulting parcels from the subdivision represented by Tentative Tract Map No. 17796 will be
seven, the proposed subdivision would, taken as a whole, only create four new parcels.
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Accordingly, the Planning Commission finds and determines, under these facts, that the
proposed subdivision would be within that class of projects which consists of the division of
property meeting the following conditions described in Section 15315 of the State CEQA
Guidelines: (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 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.
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 Tract Map No. 17796 should be approved for the following reasons,
does find and determine the following facts:
1. The 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 Industrial Area
(Development Area 1) 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; 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 Tract Map No. 17796, 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 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.
04 IRMAN, P ING COMMISSION
TO THE CITY F NAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 September 8, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 8 "' day of September,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00061
APN: 344 - 293 -02
344- 261 -03
344- 293 -01
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17796
(DEV2014- 00061)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF THE MAP
1
A Reciprocal Easement Agreement (REA) for ingress /egress,
Planning
parking, maintenance and trash pick -up will be required as a
Department
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
There shall be a recorded use agreement satisfactory to the City
Fire Department
Attorney's Office for all parcels sharing fire protection equipment
and associated appurtenances.
3
The final map shall be submitted to and approved by the City of
Public Works -
Anaheim Department of Public Worksand the Orange County
Development
Surveyor for technical review and that all applicable conditions of
Services
approval have been complied with and then shall be filed in the
Office of the Orange County recorder concurrently with the
Subdivision Agreement and the Maintenance Covenant.
4
A maintenance covenant shall be submitted to the Subdivision
Public Works -
Section of the Public Works Department for review and approval by
Development
the City Attorney's office. The covenant shall include provisions for
Services
maintenance of private facilities, including compliance with an
approved Water Quality Management Plan, and a maintenance
exhibit. Maintenance responsibilities shall include parkway
landscaping and irrigation on Blue Gum Street and Miraloma
Avenue. The covenant shall be recorded concurrently with the final
parcel map.
5
The legal property owner shall execute a Subdivision Agreement, in
Public Works -
a form approved by the City Attorney, to complete the required
public improvements at the legal property owner's expense. Said
Development
agreement shall be submitted to the Subdivision Section of the
Services
Public Works Department and approved by the City Attorney and
City Engineer. The developer shall post a security to guarantee the
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
construction of public works improvements in an amount approved
by the City Engineer and in a form approved by the City Attorney.
6
Street improvement plans shall be submitted for the construction
Public Works -
of imrovements, including sidewalk, accessible ramp, and
Development
landscaping and irrigation modifications, along the frontage of
Services
Blue Gum Street. The landscape and irrigation improvement plans
shall be prepared in accordance with the Public Works Landscape
and Irrigation Manual for Public Streets and Highways.
GENERAL CONDITIONS
7
The Applicant shall defend, indemnify, and hold harmless the City
Planning
and its officials, officers, employees and agents (collectively
Department
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.
8
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department
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.
9
The premises shall be developed substantially in accordance with
Planning
the plans and specifications submitted to and reviewed and
Department
approved by the City of Anaheim, which plan is on file with the
Planning Department.
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