Resolution-PC 2008-71RESOLUTION NO. PC2008-71
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION
AND APPROViNG TENTATIVE PARCEL MAP NO. 2007-232
(APN NO. 035-010-80) ~
WI-IEREAS, the Analieim Planning Commission did receive an applicaYion for
Tentative Parcel Map No. 2007-232 for certain real property situated in the City of Anaheim,
County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated
hereiai by tl3is reference;
WHEREAS, flie Zoning Administrator did hold a public hearing at flie Civic
Center in the CiYy of Anaheim on March 3, 2008, at 930 a.m., notice of said public hearing
having been duly given as required by law and in acwrdance with the provisions of tl~e Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed tenYaYtive parcel map to subdivide the subject property into three parcels and to
investigate and make findings and recommendations in comiection therewith; and, at said
meeting, refened the proposed tentative parcel map to tlle Planning Commission for
coiisideration at a puUlic hearing; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
CenYer in the City of?.nal~eim on March 3, 2008, at 2:30 p.m., notice of said public hearing
liavin~ Ueen duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to l~ear and consider evidence for and against said
proposed tentative parcel map to subdivide the property into three parcels and to investigate and
make fndiiags and recommendations in conneation therewiCh; aild at said meeYing, Yhe Planning
Commission, by motion, approved Clie wiYhdrawal of the request at tl~e applicanYs request; and
WHEREAS, on May 27, 2008, the applieant resubmitted the application for
TentaYive Parcel Map No. 2007-232 to subdivide the property into three parcels; and
WHEREAS, the Planning Conmlission did hold a public hearing at the Civic
Center in the City of Anaheim on June 23, 2008, at 230 p.m., notice of said piiblic hearing
having been duly given as required by law and in accordance with tlie provisions of Che Anal~eiin
Municipal Code, Chapter 18.60 "Procedures", to liear and consider evidence for and against said
proposed tentative parcel map and to invesYigate and make findiirgs and recommendations in
connecCion tlierewitl~; and said public hearing was contimied by the Plaruling Com~nission to
August 4, 2008, to consider a revised request to subdivide tlie property into five parcels; and
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and in its Uehalf, and afrer due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
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That tlze proposed subdivision is consistenC with the General Plan Industrial land
use designation and the property is located in tlie Industrial (I) zone.
2. T13at the desigi~ or iu~provement of the proposed subdivision is consistenC with tlie
City of Anaheim General Plan.
3. Tl~at flie site is physically suitable for Yhe propased subdivision.
4. Tliat the site is physically suitable for the proposed density of development.
5. That tl~e design of Yhe subdivision or the proposed in~provements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or tlleir habitat.
That the design of the subdivision or the type oP improvements is not lilcely to
cause serious piiblic health problems.
That the design of tlle subdivision or the type of improvements will noC conflict
with easements, acquired by the public at large, for access tlu-ough or use of
properCy witl~iii the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that tlie Anaheim Planning
Comn~ission l~as reviewed the proposal and does hereby find that tl~e NegaCive Declaration is
adequaCe ko serve as the required environmental documentatioai in coni~ection witU this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED t1~aY the Analaeim Plamling
Commission does hereUy approve Tentative Parcel Map No. 2007-232 subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporaYed by fliis rePerence which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safeCy and general welfare oF tlie Citizens of Yhe City of Araaheim.
BE IT FURTHER RESOLVED that the Anaheim Plaiming Commission does
hereby find and deterniine that adoption of this Resolution is expressly predicated upon
applicant's compliance with eacli and all of the conditions hereinabove seY forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any conrt of competent jurisdicYion, tl~en Yhis Resolution, and any approvals hezein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
cl~arges related to tlie processing of Y1us discretipnary case application wifliui 15 days of the
issuance oFthe final invoice or final map recordation, whichever occurs first. Failtiire to pay all
cl~arges shall resulk in delays in the issuance of required permiYs or the revocation of the approval
of this applicatio3a.
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THE FOREGOING RESOLUTION ~vas adopted aY the Planning Coinmission
meeting of Atigust 4, 2008. Said resolution is subjeet to tlie appeal provisions set fortli in
Cl~apter 18.60 "Procedures" oFthe Anaheim Municipal Code pertaining to appeal procedures aiid
may be replaced by a City Council Resolution in the event of an appeal.
J~ ~
CHA~~ N, A AHEIM P A (~ COMMISSION
ATTEST:
SECRETARY, ANAHEIM PLANNiNG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
l~ereby certify tlaat the foregoing resolufion was passed and adopYed at a meetiiag of the Anaheim
Planning Commission held on August 4, 2008.
AYES: COMMTSSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: EASTMAN, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this l l~~ay oP
At~gust, 2008.
SECRETARY, ANAHEIM PLANNING COMMISSION
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~~~ ~~~~~~~'
o i0 ~ ~"0~ q~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Source: Recorded Tract Maps andlor City GIS.
~`LY~ Please note fhe acwracy is +/- two to flve feel.
~ Subject Property
Tentative Parcel Map No. 2007-232
APN 035-010-80
~
1055fi
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i i~ v
LA PALMA AVENUE
EXHIBIT "B"
TENTATNE PARCEL MAP NO. 2007-232
No. Conditions of Approval Responsible for
Monitoring
PRIOR TO APPROVAL OF FINAL PARCEL MAP
That vehicular access rights Yo Kemp Street for Parcels 4 and 5 shall be
released and relinquished to tUe City ofAnaheim on the final map. An
agreemenY shall be submitted prolubiting any driveways and/or access
1 easements on Kemp StreeY for vehicular access for Parcels 4 and 5 p~iblic Works
tlvough land coniprising Parcels 1, 2 or 3. Said agreement shall Ue
submitfed to the Public Works Deparhnent, Development Services,
approved by Yhe City Attomey and City Engineer and then recorded
concurrently with the final parcel map.
That an agreement shall be submitted resCricring tl~e aUiliCy for a Lot
Line Adjustment to Ue approved to merge Parcels 3 and 4. Said
Z agreement shall be submitted to the Piibltic VVorks Dapartment, Public Worlcs
Development Services, approved by the City Attorney and City
Engineer and tl~en recorded concunently with Yhe final parcel map.
Tliat an agreement sliall Ue suUmitted restricting tlie ability for a Lot
Line Adjustment to merge parcels in tlze indListrial par]< to the north
wiYh either Paraels 2 or 3. The inYent is to e~sLire veiaicles from the
3 industrial park to the norCl~ will not l~ave any vehicular access to Kemp Public Works
Sireet. Said agreemant shall be suUmiYted to tl~e Piiblic Works
Department, Development Services, approved by the City Attomey and
City Engineer and then recorded conctirrently with the final ~arcel map.
That an agreement sl~all be submitted restricting veluculaz access ~or
Parcels i, 2 and 3 to either the indush-ial parle to the north or Kemp
SCreet, but not both. Said agreemant shall be s~ibn~itted to tl~e Public
4 Works Deparhnent, Development Services, approved by the City Public Woflcs
Attomey and City Engineer and then recorded concurrently witli tlie
final parcel map. Emergency vehicles sha11 be exempt from limited
access.
That if Parcel 2 shall use ICemp Street for vehicular access, Parcel 1
u~d/or Parcel 3 shall provide an access easement in favor af Parcel 2 to
5 provide vehicular access. Said easement shall provide access rights to Publac Works
ICemp Street and shall be recorded concune»tly with the final parcel
map.
Tl~at tl~e legal property owner shall irrevocably offer to dedicate Yo the
6 City of Anaheim an easement Por road and public utility purposes 38 Public Works
feet from the centerline of Patt Street.
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That khe legal property owRer sl~al] irrevocably offer Co dedicate to the
City of Anaheim a ten (10) foot wide easement for road and public
7 uYilitypurposes from the existing right-of-way of Kemp Street. The PLiblic Worlcs
cul-de-sac of Kemp StreeC shall be dedicated consistent witU Public
Worlcs Standard No. 166.
That a final map shall be submitted to and approved by the City of
$ Anal~eim and tlie Orange County Surveyor, and shall then be recorded public Works
in the Office of the Orange CoLmty Recorder. A reciprocal access
agreement shall Ue recorded concurrently witl~ the final pazcel map.
That the legal properCy owuer shall execute a Subdivision
Agreement, in a fonn approved by the CiYy Attorney, to complete the
9 req~iired public improvements at tl~e legal property owner's expense. public Worlcs
Said agreement shall be submitEed Co the Public Works Department,
Development Services, approved by the CiYy Attomey and City
Engineer and then recorded concurrently with the final parcel map.
10 That all parcels sliall be assigned street addresses by Yhe Building plamiing
Division.
That the final ma~ st~ail be recorded wiYhin a period of two (2) years
~ 1 from the date of t11is resohrtion. Extensions for further time to planning
compleYe said condiCions n3ay be granted in accordance with Section
18.03.090 of the Pmaheim Mwzicipal Code.
ThaC timivg far compliance with conditions of approval inay be
amended by the Planning Director upon a sliowing of good cause
provided (i) eq~iivalent riming is established that satisfies the original
12 intent and piupase of flie condition(s), (ii) the modificarion complies Plaruiing
with the Anaheim Municipal Code and (iii) the applica~it has
demQnstrated sigiificant progress Yoward esYablishment of Yhe use or
approved struchire.
That subject property shall be developed substantially in accordance
13 ~'ith plans and specifications submitted to the City of Anaheim by the plamting
petiCioner and wliich plans are on file ~viCl~ tlTe Planning Department
marlced Exl~ibit No. 1, and as conditioned l~erein.
That approval af this application eonstitutes approval of tl~e proposed
request only to the extent that is complies with the Analleim
~4 Municipal Zoning Code uid any otl~er applicable City, StaYe and plantiing
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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