Attachment 1 - Draft Nunc Pro Tunc Resolution-1 -PC2023-***
RESOLUTION NO. PC2023-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM AMENDING ITS RESOLUTION NO.
PC2023-009, NUNC PRO TUNC, TO CORRECT A CLERICAL
ERROR IN SAID RESOLUTION
(DEV2021-00186)
(1226 - 1228 SOUTH OLIVE STREET AND 501 – 529 EAST JULIANNA STREET)
WHEREAS, on April 10, 2023, by the adoption of its Resolution No. PC2023-009, the
Planning Commission of the City of Anaheim (the "Planning Commission") approved Tentative
Parcel Map No. 19171 to consolidate five parcels into one parcel for that certain real property
located at 1226 – 1228 North Olive Street and 501 – 529 East Julianna 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, subsequent to the adoption of Resolution No. PC2023-009, it has been
discovered that Tentative Parcel Map No. 19171 identified in the staff report and resolution for the
project DEV2021-00186 approved by the Planning Commission on April 10, 2023, is the incorrect
parcel map number for the Property. The project was initially submitted to the City for approval
of Tentative Tract Map No. 19171. Subsequently, the applicant revised the project scope to a
request a tentative parcel map to consolidate five parcels into one proposed parcel and was issued
Tentative Parcel Map No. 2021-200 by the County of Orange. Staff made a clerical error when
drafting the staff report and resolution by including the previously issued tentative tract map
number and not the new tentative parcel map number; and
WHEREAS, the Planning Commission now desires and intends to amend its Resolution
No. PC2023-009, nunc pro tunc; that is, to now correct said clerical error that, upon adoption of
this Resolution, will have the same legal force and effect as if made at the time when it should
have been made, i.e., upon the adoption of Resolution No. PC2023-009 on April 10, 2023; and
WHEREAS, the Planning Commission has inherent authority to amend its resolutions
under these circumstances, which will have retroactive legal effect upon the adoption of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
1.To cure the clerical error made in the assignment of an incorrect number to
Tentative Parcel Map No. 19171, all references contained in Resolution No. PC2023-009 to
"Tentative Parcel Map No. 19171" shall be to "Tentative Parcel Map No. 2021-200", nunc pro
tunc; that is, having retroactive legal effect as of the adoption of Resolution No. PC 2023-009 on
April 10, 2023.
2.Except as expressly amended herein, the provisions of Resolution No. PC2023-009
shall remain in full force and effect.
ATTACHMENT NO. 1
-2 -PC2023-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2023.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 4, 2023, by the following vote of the
members thereof:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-***
RESOLUTION NO. PC2023R-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2021-
200 AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2021-00186)
(1226 - 1228 SOUTH OLIVE STREET AND 501 – 529 EAST JULIANNA STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2021-200 to
consolidate five parcels into one parcel (the “Proposed Project”) for that certain real property
located at 1226 - 1228 North Olive Street and 501 – 529 East Julianna 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 17.13 acres and is currently developed with
a beverage manufacturing facility. The property is designated for Industrial land uses in the
General Plan. The property is also located in the “I” Industrial Zone and is subject to the zoning
and development standards contained in Chapter 18.10 (Industrial Zone) of the Zoning Code (the
“Code”); and,
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 10, 2023, at 5:00 p.m., with 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 Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation 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 (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project
are Exempt from the requirements to prepare additional environmental documentation per CEQA
Guidelines, Section 15061 (b)(3) – Common Sense Exemption. The request consists of a
consolidation of five existing contiguous parcels into one proposed parcel with no physical
expansion or construction as part of the request. This request will not affect the adjoining land
uses, is not anticipated to cause any detriment to the health and safety of the particular area and
would not impose an undue burden upon the roadways. There are no unusual circumstances with
respect to the proposed project for which staff would anticipate a significant effect on the
environment and, therefore, the proposed project is exempt from the provisions of CEQA; and
EXHIBIT "B"
- 2 -PC2023-***
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.That the proposed map is consistent with the General Plan of the City of Anaheim, and
more specifically with the "Industrial" land use designation. The proposed tentative parcel
map includes consolidating five existing parcels into one parcel. The proposed map is
consistent with the Industrial General Plan designation as the property is zoned for
Industrial uses and developed with a manufacturing use. The design of the subdivision is
consistent with the General Plan as no improvements are proposed on the property.
2.That the design or improvement of the proposed subdivision is consistent with the General
Plan.
3.That the site is physically suitable for the type of development and density of the project
as it is developed with a use permitted in the Industrial Zone.
4.That the site is physically suitable for the proposed density of the project as now new
construction or density is proposed and it is developed with a use permitted in the
Industrial Zone.
5.That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat as no new construction is proposed.
6.That the design of the subdivision or type of improvements are not likely to cause serious
public health problems as no new construction or changes to the use are proposed.
7.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 propose subdivision as no new construction or changes to the project site are proposed
and the parcel map is conditioned upon review and approval by the City Engineer and the
Orange County Surveyor and shall be recorded in the Office of the Orange County
Recorder prior to issuance of building permits; and
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 negate 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.
NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this
Planning Commission does hereby approve Tentative Parcel Map No. 2021-200, subject to and
contingent upon the conditions of approval described in Exhibit B attached hereto and incorporated
- 3 -PC2023-***
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, (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 any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (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 10, 2023. 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
PC2023-***
PC2023R-009
EXHIBIT “B”
TENTATIVE PARCEL MAP NO. 2021-200
(DEV2021-00186)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO PARCEL MAP APPROVAL
1 Prior to approval of the final parcel map, the applicant shall record a
covenant to hold the property as one for the purposes of future
development, in a form approved by the City Attorney’s Office.
Planning and Building
Department, Planning
Services Division
2 Dedicate corner cutoff at the southeast corner of Commercial Street
and Olive Street.
Public Works
Department,
Development Services
Division
3 The developer shall submit improvement plans and cost estimate for
the construction of required public improvements at the southeast
corner of Olive Street and Commercial Street to the Public Works
Development Services Division for review, approval, and to
determine the required deposit amount. Improvements shall conform
to the City Standards and as approved by the City Engineer.
Public Works
Department,
Development Services
Division
PRIOR TO MAP RECORDATION
4
The legal property owner/developer shall irrevocably offer to
dedicate to the City of Anaheim, for road, public utilities and other
public purposes, the right-of-way easements at the following
location:
a) Corner cutback at the southeast corner of southeast
corner of Commercial Street and Olive Street per City
Standards and as shown on TPM2021-200.
b) 30 feet dedication along the property frontage of Pauline
Street to achieve the ultimate half street width of 30 feet
from street centerline, as shown on TPM2021-200.
Public Works
Department,
Development Services
Division
5
The developer shall design and submit improvement plans and cost
estimate for the construction of required public improvements at the
southeast corner of Olive Street and Commercial Street to the Public
Works Development Services Division for review, approval, and to
determine the required deposit amount. Improvements shall
conform to the City Standards and as approved by the City Engineer.
Public Works
Department,
Development Services
Division
PC2023R-009
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
6
The parcel map shall be submitted to the City of Anaheim, Public
Works Development Services Division and to the Orange County
Surveyor for technical correctness review and approval.
Public Works
Department,
Development Services
Division
7
The applicant shall submit security in an amount acceptable to the
City Engineer to guarantee construction of the public improvements
required herein. Security deposit shall be in accordance to City of
Anaheim Municipal Code.
Public Works
Department,
Development Services
Division
8 Provide a Monumentation bond in an amount specified in writing by
a Licensed Land Surveyor of Record.
Public Works
Department,
Development Services
Division
9 Comply with all applicable requirements of the Anaheim Municipal
Code.
Public Works
Department,
Development Services
Division
ONGOING DURING PROJECT OPERATIONS
10 That ongoing during project operations, vehicle deliveries including
loading and unloading shall be performed on site. Delivery vehicles
shall not block any part of the public right of way.
Public Works
Department,
Traffic Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
11
All public improvements shall be constructed by the
owner/developer, inspected and accepted by Construction Services
prior to final building and zoning inspection.
Public Works
Department,
Development Services
Division
12 All remaining fees/deposits required by Public Works department
must be paid in full.
Public Works
Department,
Development Services
Division
13
Set all Monuments in accordance with the parcel map and submit all
centerline ties to The Public Works Department. Any monuments
damaged during construction shall be reset to the satisfaction of the
City Engineer.
Public Works
Department,
Development Services
Division
PC2023R-009
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
14 Record Drawings Plans shall be submitted for review and approval
to the Department of Public Works, Development Services Division.
Public Works
Department,
Development Services
Division
GENERAL
15 The Applicant/Owner shall defend, indemnify, and hold harmless
the City and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from any
and all claims, actions or proceedings brought against Indemnitees
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.
Planning and Building
Department,
Planning Services
Division
16 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
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.
Planning and Building
Department,
Planning Services
Division
17 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department.
Planning and Building
Department,
Planning Services
Division
PC2023R-009
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 10, 2023, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of April, 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM