Resolution-PC 2017-089RESOLUTION NO. PC2017-089
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2017-100 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00066)
(1365-1367 SOUTH VAN BUREN 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. 2017-100 to
establish a four lot industrial subdivision, with two lots located within the City of Placentia and
two lots within the City of Anaheim (herein referred to as the "Parcel Map") for certain real
property located at 1365-1367 South Van Buren 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 10 acres, is currently vacant.
The Property is located in the Industrial Area (Development Area 1) of the Anaheim Canyon
Specific Plan and is subject to the zoning and development standards of Section 18.120.040 of
Chapter 18.120 (Anaheim Canyon Specific Plan - SP2015-1) of the Anaheim Municipal Code
combined with the zoning and development standards of the underlying base zone for
Development Area 1, which is the "I" Industrial Zone. The Anaheim General Plan designates the
Property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 11, 2017 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 17.08 of the
Anaheim Municipal Code, to hear and consider evidence for and against proposed Tentative Parcel
Map No. 2017-100 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 CEQA (Title 14 of the
California Code of Regulations; 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 the Proposed Project; and
WHEREAS, the Property was previously used for agriculture and is designated by the
State of California as "Prime Farmland"; because the Proposed Project contemplates the
conversion of Prime Farmland to non-agricultural uses, a Land Evaluation and Site Assessment
was performed to determine the project's significance with respect to agricultural resources under
CEQA. Based on the Land Evaluation and Site Assessment, it was determined that no significant
impact would occur as a result of the conversion to non-agricultural use; and
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WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 15 —Minor
Land Divisions) which consist of the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when the division is in conformance with
the General Plan, and that, therefore, pursuant to Section 15315 of the CEQA Guidelines, 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 for Tentative Parcel Map No. 2017-100, does find and
determine the following facts:
1. The proposed Parcel Map, including its design and improvements, is consistent
with the Industrial land use designation in the Anaheim General Plan and, more specifically, the
Anaheim Canyon Specific Plan (SP2015-1) and with the zoning and development standards
contained in Chapter 18.120 of the Code; and
2. The site is physically suitable for the type and density in conformance with the
development standards of Development Area 1 of the Anaheim Canyon Specific Plan Zone and
Section 18.120.080 of Chapter 18.120 of the Code; and
3. 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 design of the subdivision or the type of improvements is not likely to cause
serious public health problems, as any new industrial buildings proposed will be constructed in
compliance with the zoning and development standards contained in Section 18.120.080 of
Chapter 18.120 of the Code for Development Area 1 of the Anaheim Canyon Specific Plan; and
5. 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. 2017-100, 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 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 December 11, 2017. Said Resolution is subject to the appeal provisions set forth in Chapter
17.08 ("Subdivisons"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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
44 r
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 December 11, 2017, by the
following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of
December, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A„
DEV N4. 2017-00066
APN: 346-164-03
346-164-29
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2017-100
(DEV2017-00066)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF PARCEL MAP
1
The final map shall be submitted to and approved by the City of Anaheim
Public Works —
Department of Public Works and the Orange County Surveyor for
Development Services
technical review and to ensure that all applicable conditions of approval
have been complied with and then shall be filed in the Office of the Orange
County Recorder.
2
The final map shall be submitted to and approved by the City of Placentia.
Public Works —
Development Services
3
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works —
Anaheim an easement of 2.5 feet in width from the existing ROW of Van
Development Services
Buren Street (also being the City boundary) so that the half width of Van
Buren Street is 32 feet from the street centerline for road, public utilities,
and other public purposes. This dedication shall be completed per separate
instrument if the development intends to pull Building Permits prior to the
recordation of the final parcel map.
4
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works —
Anaheim:
Development Services
• An easement of 15 -foot in width and 20 -foot in width for sanitary
sewer purposes as shown on the approved Tentative Parcel Map;
• An easement of 20 -foot in width and 40 -foot in width for ingress
and egress purposes in order to maintain public sewer facilities as
shown on the approved Tentative Parcel Map; and
• Easements for sidewalk and curb ramp purposes to provide ADA
accessible path of travel (4 feet minimum) around the proposed
driveway locations within the City of Anaheim to the satisfaction
of the City Engineer.
5
An improvement certificate shall be placed on the final map to indicate
Public Works —
that:
Development Services
• All street improvements along Van Buren Street per the latest
version of the City of Anaheim and the City of Placentia Public
Works Standard Details at the time of construction and as
approved by the City Engineer shall be constructed prior to final
building and zoning inspections as directed by the City Engineer
for future building or grading site development plans; and
• All required public sewer and storm drain improvements per the
latest City of Anaheim and City of Placentia requirements and
standards at the time of construction and as approved by the City
Engineer shall be constructed prior to final building and zoning
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
inspections as directed by the City Engineer for future building or
grading site development plans.
6
The developer shall post a Monumentation Bond in an amount approved
Public Works —
by the City Engineer and in a form approved by the City Attorney.
Development Services
7
The legal property owner shall submit to the City for review and
Planning and Building
approval of a Reciprocal Easement Agreement (REA) for the benefit of
Department
Parcel 3 over Parcels 1, 2, and 4 and for the benefit of Parcel 4 over
&
Parcels 1 and 2 for access, ingress/egress, parking, signage, utility, and
Public Works —
drainage purposes. The REA (i) must run with the land in perpetuity,
Development Services
(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. The REA
shall be recorded prior to recordation of the Final map. 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. The Final Map shall reference the
recordation information of the REA.
8
A maintenance covenant shall be submitted to the Public Works,
Public Works —
Development Services Division and approved by the City Attorney's
Development Services
Office. The covenant shall include provisions for maintenance of private
facilities and private utilities, including compliance with an approved
Water Quality Management Plan, if any, and a maintenance exhibit.
Maintenance responsibilities shall include parkway landscaping and
irrigation, private utilities, etc. The covenant shall be recorded in the
Office of the Orange County Recorder concurrently with the Final Map.
GENERAL CONDITIONS
9
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department
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.
11
The premises shall be developed substantially in accordance with the
Planning and Building
plans and specifications submitted to and reviewed and approved by the
Department
City of Anaheim, which plan is on file with the Planning Department.
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