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Resolution-PC 2020-015RESOLUTION NO. PC2020-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2019-128 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00054) (1150-1178 KNOLLWOOD CIRCLE AND 2621-2651 WOODLAND DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for the approval of Tentative Parcel Map No. 2019-128 to permit a one -lot 31 -unit commercial/industrial airspace subdivision (collectively referred to herein as the "Project") on that certain real property located at 1150-1178 Knollwood Circle and 2621-2651 Woodland Drive 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 3.69 -acre Property is currently developed with two, single -story commercial/industrial buildings with a floor area of 25,085 and 28,386 square feet, is located in the Industrial (1) zone and has a General Plan land use designation of Industrial; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 27, 2020 at 5:00 p.m. and notice of said public hearing have been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of 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, 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 the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of Projects which consists of the division of property meeting the conditions described in Section 15315 of Tittle 14 of the California Code of Regulations ("CEQA Guidelines"); that consists 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 zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. The Project 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 - I - PC2020-015 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 permit a one -lot 31 -unit commercial/industrial air space subdivision, does find and determine the following facts: 1. That 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 Industrial zone and with the zoning and development standards contained in Chapter 18.10 of the Code for industrial uses. 2. That the site is physically suitable for the type and density of the Proposed Project. 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 buildings. 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. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence and reached these findings are due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Tentative Parcel Map No. 2019-128 contingent upon and subject to the conditions of approval set forth 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 that portion of the Property for which Tentative Parcel Map No. 2019-128 is applicable 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 satisfied the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2020-015 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 April 27, 2020. 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. CHAI ERSON, ?PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2020-015 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 April 27, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEM - 4 - PC2020-015 EXHIBIT "EU" DEN' NO. 2019-000.54 .........................�..�..�..�..�..I W LA PALMA AVE I em Sours Recorded Troo Maps sndror City Gis Please note W#a &=uracy is +!- mo to five feet. - 5 - PC2020-015 EXHIBIT "B" VARIANCE NO. 2019-128 (DEV2019-00054) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF FINAL PARCEL MAP 1 The legal property owner shall submit an Encroachment License application to Public Works, Public Works for review and approval for any encroachments within the public Development property along Woodland Drive and Knollwood Circle. The Encroachment Services License shall be executed and submitted to the Public Works, Development Services prior to parcel map approval. 2 The vehicular access rights to Woodland Drive and Knollwood Circle shall be Public Works, released and relinquished to the City of Anaheim, except as approved street Development openings. Services 3 A maximum of 31 commercial/industrial airspace units may be permitted for Planning and the two, one-story office buildings. Building Department, Planning Services Division 4 An improvement certificate shall be placed on the parcel map to indicate that all Public Works, street, sewer and storm drain improvements along Woodland Drive and Development Knollwood Circle per the latest version of Public Works City Standard Services requirements 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 permit issuance. 5 The legal property owner shall submit to the City for review and approval a Public Works, Reciprocal Easement Agreement for the benefit of all parcels for parking, access, Development ingress and egress and sewer purposes. Services 6 The developer shall execute a maintenance covenant with the City of Anaheim in Public Works, a form that is approved by the City Engineer and the City Attorney for the private Development improvements including but not limited to private utilities, private drives, all Services common areas, drainage devices, parkway landscaping and irrigation, private street lights, etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the parcel map. 7 The parcel map shall be submitted to and approved by the City of Anaheim Public Works, Department of Public Works and the Orange County Surveyor for technical Development review and ensure that all applicable conditions of approval have been complied Services with and then shall be filed in the Office of the Orange County Recorder. 8 The developer shall post a Monumentation bond in an amount approved by the Public Works, City Engineer and in a form approved by the City Attorney. Development Services - 6 - PC2020-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 No public water main or public water facilities shall be installed in private alleys or paseo areas. public Utilities, Water Engineering 10 No public water mains or laterals allowed under parking stalls or parking lots. public Utilities, Water Engineering 11 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of public Utilities, Anaheim's Water Rates, Rules, and Regulations. Water Engineering 12 A private water system with separate water service for fire protection and domestic water, if fire sprinkler system is required by Fire Department, shall public Utilities, be provided and shown on plans submitted to the Water Engineering Division Water Engineering of the Anaheim Public Utilities Department. 13 A private water system with separate water service for fire protection and domestic water, if fire sprinkler system is required by Fire Department, shall public Utilities, be provided and shown on plans submitted to the Water Engineering Division Water Engineering of the Anaheim Public Utilities Department. 14 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and public Utilities, building setback in accordance with Public Utilities Department Water Water Engineering Engineering Division requirements. 15 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, public Utilities, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Water Engineering Division of the Anaheim Public Utilities Department. 16 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim up to 6 -ft. along Woodland Drive and Knollwood Circle and a corner- public Works, cut off easement at the corner of Woodland Drive and Knollwood Circle as Development shown on the tentative parcel map for road, public utilities, and other public Services purposes. GENERAL CONDITIONS 17 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually planning and and collectively as "Indemnitees") from any and all claims, actions or Building Department, proceedings brought against Indemnitees to attack, review, set aside, void, or Planning Services annul the decision of the Indemnitees concerning this permit or any of the Division 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. 18 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which planning and plans are on file with the Planning Department and as conditioned herein. Building Department, Planning Services Division - 7 - PC2020-015