Resolution-PC 2017-016RESOLUTION NO. PC2017-016
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2016-192
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00025)
(203 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-192 to
consolidate six parcels into one parcel for that certain real property located at 203 North Euclid
Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.92 -acres in size and is designated as
Industrial in the Anaheim General Plan Land Use Element. The Property is currently vacant and
consists of six lots with separate "C -G" General Commercial and "I" Industrial zoning
designations. The Anaheim General Plan designates this Property for Industrial land uses; and
WHEREAS, Tentative Parcel Map No. 2016-192 is proposed in conjunction with
Reclassification No. 2016-00299 and Conditional Use Permit No. 2016-05866, now pending,
which, together with the Project, shall be referred to herein collectively as the "Proposed
Project".
WHEREAS, on January 23, 2017, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for
and against said proposed Tentative Parcel Map 2016-192, and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for "projects", as that term is defined in Section 15378 of the CEQA
Guidelines; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior
in time to this Resolution, this Planning Commission has found and determined that the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA; and
PC2017-016
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 consolidation of lots, does find and
determine the following facts:
1. The proposed consolidation, including its design and improvements, and
with the conditions imposed herein is consistent with the Industrial land use designation in the
Anaheim General Plan and the development standards contained in the "I" Industrial Zone in that
the proposed parcel map will consolidate six lots into one lot for the purpose of constructing a
new car wash facility. The proposed consolidation is consistent with the proposed zoning and
the existing General Plan land use designation.
2. The site is physically suitable for the type and size of the proposed
development in that this flat lot is currently undeveloped and is of adequate size to be developed
in accordance with the I zone development standards.
3. The lot consolidation, with the conditions imposed, is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat because no sensitive environmental habitat has been identified on the site in that no
environmental impacts are anticipated as part of the future development of a carwash facility on
this undeveloped property.
4. The lot consolidation, or the type of improvements is not likely to cause
serious public health problems, since any new structures and associated site improvements will
be constructed on the property in compliance with the conditions imposed and other related Code
requirements in that the future development of a carwash facility will be subject to all City code
requirements for demolition and construction.
5. The lot consolidation 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 project site in that the parcel snap is conditioned to be submitted for review and
approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in
the Office of the Orange County Recorder prior to issuance of building permits.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Tentative Parcel Map No. 2016-192, subject to and contingent upon (1) the
adoption by the City Council of an ordinance reclassifying the Property within the "I" Industrial
Zone in accordance with Reclassification No. 2016-00299, (2) 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 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 Anaheim Municipal
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 January 23, 2017. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 23, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-0002.5
APN: 072-101-62
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Source: Recorded Tract Maps and/or City GIS.
Fee'. Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2016-192
(DEV2016-00025)
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL
1
The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 63 feet in width from the construction centerline of
Public Works Department,
Lincoln Avenue (50 feet from control line) for road, public utilities, and
Development Services
other public purposes.
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2
The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 38 feet in width from the centerline of Euclid Way
Public Works Department,
and a corner cut-back from the ultimate right-of-way of Euclid Way to the
Development Services
ultimate right-of-way of Lincoln Avenue for road, public utilities, and other
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public purposes.
3
The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
public Works Department,
owner's expense in an amount approved by the City Engineer and in a
Development Services
form approved by the City Attorney. Said agreement shall be submitted
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to the Public Works Department, Subdivision Section for approval by the
City Council.
4
The developer shall submit offsite improvement plans, obtain a right-of-
way construction permit, and post a security (Performance and Labor &
Public Works Department,
Materials Bonds) in an amount approved by the City Engineer and in a
Development Services
form approved by the City Attorney for the construction of all required
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public improvements within the City street right of way of Lincoln
Avenue and Euclid Way. Improvements shall conform to the applicable
City Standards, the Lincoln Avenue Corridor Master Plan, and as
approved by the City Engineer. The street improvement plans shall
include all traffic related improvements adjacent to the project site
including all driveways, utility installations, signing and striping, and all
other offsite work.
5
The Parcel Map shall be approved in substantial conformance with
Planning Commission resolution for this project.
Public Works Department,
Development Services
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
GENERAL
6
The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
Planning and Building
individually and collectively as "Indemnitees") from any and all claims,
Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services Division
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 to the
processing of this discretionary case application within 30 days of the
Planning and Building
issuance of the final invoice or prior to the issuance of building permits for
Department,
this project, whichever occurs first. Failure to pay all charges shall result
Planning Services Division
in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
8
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department.
Planning Services Division
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