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Resolution-PC2025-010RESOLUTION NO. PC2025-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2025- 104 TO SUBDIVIDE AN EXISTING LOT INTO THREE LOTS FOR FUTURE DEVELOPMENT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2024-00043 ) (125 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a tentative parcel map to subdivide an existing 1.2-acre lot into three lots for future development (the "Proposed Project") on certain real property located at 125 East Ball Road 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 1.2 acres in area and is currently vacant. The Property is designated for General Commercial land uses in the General Plan. The Property is in the Industrial Zone and located in the South Anaheim Boulevard Corridor (SABC) Overlay Zone, and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, subdivisions require a tentative parcel map subject to the approval by the Planning Commission pursuant to Subsection .010 of Section 17.08.100 (Advisory Agency Duties); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 7, 2025, 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) and 17.08.095 (Notice and Hearing) 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"), 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 Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Sections 15303 — New Construction or Conversion of Small Structures and 15315 — Minor Land Divisions. The Proposed Project is a request for a tentative parcel map to subdivide an existing industrial property into three parcels, construction of a new 1,266 square foot restaurant with a single drive -through lane, and associated parking and landscaping on a property that does not have an average slope greater than 20 percent and has not been subdivided in the past two years. The Proposed Project would be in conformance with the General Plan and applicable zoning development standards of the Industrial Zone, no variances or exceptions are required, and all services and access to the proposed parcels meet local standards. Pursuant to Section 15300.2 (c) and 15315 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment and, therefore, the Proposed Project would be 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. 2025-104, does find and determine the following facts: 1. The proposed map is consistent with the General Plan and applicable specific plan. The proposed subdivision would create three parcels intended for industrial land uses. Access to the site would be provided via two driveways from Technology Circle, with a third emergency access point through an existing gated connection to the west, which leads to the adjacent Walmart property. The site is designated General Commercial in the General Plan, which allows for a Floor Area Ratio (FAR) of 0.25 to 0.50. The proposed parcel sizes, ranging from approximately 17,581 to 19,938 square feet, comply with applicable zoning regulations. As such, the proposed subdivision is consistent with the General Plan. 2. The design or improvement of the proposed subdivision is consistent with the General Plan. The design of the proposed subdivision, including density, access, lot width, lot depth, and lot size meets all the applicable development standards of the Industrial Zone and the General Commercial land use designation. 3. The site is physically suitable for the proposed development, as it is a flat, regularly shaped parcel with no physical constraints and adequate street access. These conditions support the development of a drive -through restaurant on the property. 4. The site is physically suitable for the proposed density of development. The site is approximately 1.2 acres in size and is physically suitable to accommodate the proposed three -lot subdivision, including the Starbucks development. Reciprocal access and parking agreements will be established to ensure that all three parcels operate in compliance with Code requirements. The proposed subdivision is consistent with the General Commercial land use designation and the development standards of the Industrial Zone. The site is capable of supporting development at the density and Floor Area Ratio permitted under both the land use and zoning designations. 5. 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 because the site is located in an urbanized area and no fish, wildlife, or sensitive environmental habitats have been observed on the property. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems because the subdivision and any future proposed improvements would be designed to meet all applicable State and City Codes, standards, policies, and rules intended to protect public health. 7. The design of the subdivision or the type of improvements will not conflict with existing public easements for access or use within the proposed subdivision. All future improvements will be designed to accommodate any applicable easements and ensure compatibility with both existing and potential future easements; and 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 negate the findings made in this Resolution. This 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. 2025-104, 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 the Property for which the tentative parcel map 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 the conditions of approval may be granted in accordance with Section 17.08.110 (Expiration of Tentative Map Approval) 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 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 7, 2025. Said resolution is subject to the appeal provisions set forth in Section .100 (Advisory Agency Duties) of Chapter 17.08 (Subdivisions) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIVERSON, PLANNG COMMISSION OF THE CITY OF ANAH E IM A SE(RETrVW,_PLNTG COMMISSION OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO.2024-00043 APN: S 234-161-04 �O r �o S �i v+ E aw'o N pVE y S ' G o rn U co U) O O z U W H ') W BALL RD E BALL RD tn �G d 2 `mot tn Ln Oo 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE PARCEL MAP NO.2025-104 (DEV2024-00043) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL PARCEL MAP RECORDATION 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim for road, public utilities and other public purposes, the right -of- Department, way easements described below: Development Services a) 1-ft in width on Ball Road. b) Corner cutback at the northwest corner of Ball Road and Technology Circle intersection. 2 All existing structures in conflict with the future property lines shall be Public Works demolished. Department, Development Services 3 The vehicular access rights to Ball Road and Technology Circle shall be Public Works restricted and relinquished to the City of Anaheim Department, Develo ment Services 4 The Developer/Owner shall execute reciprocal access, shared parking, and Public Works drainage agreements between Parcels 1 & 2 and Parcels 2 & 3. The Department, recorded agreements shall be submitted to the Public Works Department Development Services prior to the Final Map recordation. 5 The Developer/Owner shall pay all applicable development impact fees Public Works required under the Anaheim Municipal Code. Department, Development Services 6 The Developer/Owner shall submit street improvement plans for the Public Works construction of the required public improvements to the Public Works Department, Department for review, approval, and to determine the bond amounts. Development Services The final map shall be submitted to the City of Anaheim Public Works Public Works Development Services Division, and to the Orange County Surveyor for Department, technical correctness review and approval. Development Services Public Works 8 The Developer/Owner shall execute a maintenance covenant with the City of Anaheim in a form that is approved by the City Engineer and the City Department, Attorney for all private improvements including, but not limited to, private Development Services utilities, 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 Final Map. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The Developer/Owner shall execute a Subdivision Agreement and submit Public Works security in an amount acceptable to the City Engineer to guarantee Department, construction of the public improvements required herein. Security deposit Development Services shall be in accordance with City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. 10 Provide a Monumentation bond in an amount specified in writing by a Public Works Licensed Land Surveyor of Record. Department, Development Services PRIOR TO BUILDING PERMIT ISSUANCE 11 Prior to the issuance of the first building permit, the property Public Works owner/developer shall design and submit street improvement plans to the Department, City of Anaheim Public Works Department. Development Services Traffic Engineering Division for review and approval of the improvements identified in the 125 East Ball Road Hotel Traffic Impact Study dated December 14, 2022. These improvements shall be included in the Right of Way Construction Permit (RCP) and security bond that will be submitted for any other improvements proposed in the public right-of-way. All improvements shall be completed prior to the first final building and zoning inspection. The improvements identified in the traffic study consist of the following: a) Restripe the SB approach on Technology Circle at Ball Road to provide one southbound left turn lane and one southbound right turn lane. b) Add red curb to the west side of Technology Circle between Ball Road and the first project driveway. 12 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided and shown on plans submitted to the Water Engineering Water Engineering Division of the Anaheim Public Utilities Department. 13 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Water Engineering Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 14 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 15 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications. Any water service and/or fire line that Water Engineering does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Water Engineering maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 17 Individual water service and/or fire line connections will be required for Public Utilities each parcel or residential, commercial, industrial unit per Rule 18 of the Water Engineering City of Anaheim's Water Rates, Rules and Regulations. GENERAL 18 No public water mains or laterals allowed under parking stalls or parking Public Utilities lots. Department, Water Engineering 19 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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. 20 The Applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT whichever occurs first. Failure to pay all charges shall result in delays in Planning Services the issuance of required permits or may result in the revocation of the Division approval of this application. 21 The property shall be developed substantially in accordance with plans and Planning and Building specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning and Building Department. Planning Services Division STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Bridgett Bambrick, 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 7, 2025, by the following vote of the members thereof: AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez, and Tran-Martin. NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hewn s my hand this 7`J' day of April 2025. SECRETA'1**,,—PLA�G C(C( OF THE CITY OF ANAHEIM