Resolution-PC 2009-079RESOLUTION NO. PC2009-079
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 15 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING TENTATIVE PARCEL MAP NO. 2009-121
(3400 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Tentative Parcel Map to establish a 3-lot industrial subdivision, for certain real
property situated in tlae City of Anaheim, County of Orange, State of Califomia, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the 6.5-acre property is cunently vacant and is ]ocated in the SP 94-
1, D.A. 2 zone (Northeast Area Specific Plan; Expanded Industrial Area) and the General Plan
designates this 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 September 14, 2009, at 2:30 p.m. notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed tentarive parcel map and to investigate and make findings and recommendations in
connection therewith; and
WfIEREAS, said 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, does find and determine the following facts:
1. The proposed subdivision, including its design and improvements, is consistent
with the Industria] land use designation in the Anaheim General Plan and the development
standards contained in the Northeast Area Specific Plan, Development Area 2(Expanded
Indush-ial Area).
2. That the site is physically suitable for the type and density of the proposed
industrial subdivision.
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 the site is
currently vacant and no sensitive environmental habitat has been identified.
4. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems, as the site is cunently vacant and three industrial buildings will
be conshucted on the property in eompliance with Code requirements.
5. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access tku'ough or use of property within the
proposed subdivision.
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NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Class 15 Categorical
Exemption in connection with Tentative Parcel Map 2009-121 is adequate to serve as tlie
required environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Tentative Parcel Map 2009-121 subject to
the conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim.
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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that the Anaheim City 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. Shonld 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application withSn 15 days of the
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 14, 2009. 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/Che event of an appeal.
CHAIItMAN,I~N~P.I-IEIM CI'~Y ~LANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COLINTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanox 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 14, 2009 by the following vote of the members
thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 14`h day of September, 2009.
~r~- ~~---=
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXFIIBIT ~~A~~
TENTATIVE PARCEL MAP NO. 2009-121
EM oMPPVE
~
f P~j~NEj\cS~PV
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e s,o Source: Recorded Trad Maps and/or City GIS.
~~ ~ ~~ Please note fhe accurecy is+/-two to five feet.
F-<c
10818
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2009-121
RESPONSIBLE
FOR
NO CONDITIONS OF APPROVAL iVIO1VITORING '
PRIOR TO FINAL MAP APPROVAL
i An unsubordinated restricted covenant providing reciprocal Planning
access and parking approved by the Planning Services
Division in a form satisfactory to the City Attorney shall be '
recorded with the Office of the Orange County Recorder. A
copy of the 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 A maintenance covenant shall be submitted to the Public Public Works -
Works Department, Development Services Division and Development
approved by the City Attomey's office. The covenant shall Services
include provisions for maintenance of private faciliries,
including compliance with approved Water Quality
Management Plan, and a maintenance eachibit. The covenant
shall be recorded concurrently with the final map.
3 An improvement bond shall be posted to guarantee that public Public Works -
' parkways and sidewalks aze improved per Public Works Development
Standard Detail 160-A and as approved by the City Engineer. Services
4 Sanitary sewers and storm drains for this development shall be Public Works -
privately maintained. Development
Services
5 A conformed copy of the recorded agreement to record Public Works -
easement deeds shall be submitted for the following: Development
^ Prior to selling Parcel l, an easement over Parcel 1 for Services
ingress and egress and drainage in favor of Parcels 2 and
3;
~ Prior to selling Parcel 3, an easement over Parcel 3 for
ingress and egress in favor of Parcels 1 and 2.
6 The final map shall be submitted to the City of Anaheim Public Works -'
Department of Public Works and the Orange County Surveyor Development
for technical review and verified that all applicable conditions Services
of approval have been complied with and then shall be
' recorded in the Office of the Orange County Recorder.
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7 All parcels shall be assigned street addresses by the Building
Division. Building
GENERAL CONDITIONS
8 Subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
' City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked E~chibit No. 1
(Tentative Parcel Map), and as conditioned herein.
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