Loading...
Resolution-PC2025-026RESOLUTION NO. PC2025-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2024- 142 TO SUBDIVIDE AN EXISTING INDUSTRIAL PROPERTY INTO ONE LOT FOR CONDOMINIUM PURPOSES TO CREATE EIGHT AIRSPACE UNITS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2024-00076) (621-631 SOUTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2024-142 to subdivide an existing industrial property into one lot for condominium purposes to create eight airspace units (the "Proposed Project") on certain real property located at 621-631 South East 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 1-acre in area and is developed with an industrial building and a telecommunication antenna facility. The Property is designated for Mid Density Residential land uses in the General Plan. The Property is in the "I" Industrial and "RO" Residential Opportunity Overlay Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) and Chapter 18.34 (Residential Opportunity (RO) Overlay Zone) 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 October 6, 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. At the applicant's request, the Planning Commission continued the public hearing to October 20, 2025, at 5:00 p.m., and at which time the Planning Commission further continued the public hearing to November 3, 2025, at 5:00 p.m.; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 3, 2025, at 5:00 p.m., 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, Section 15301 (Existing Facilities) and Section 15315, Class 15 (Minor Land Divisions). The Proposed Project is a request for a tentative parcel map to subdivide an existing industrial property into one -lot for condominium purposes to create eight airspace units, with minor alterations to an existing driveway approach, and operation is consistent with historic levels of operation on the subject property. The parcel was not involved in a division of a larger parcel within the previous two years. The property would conform with the development standards of the Industrial Zone, no variances or exceptions are required, and all services and access to the proposed parcel meet local standards. Pursuant to Section 15300.2 (c), 15301, and 15315 of Title 14 of the California Code of Regulations, no exceptions to this exemption apply, 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 is 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 approval of Tentative Parcel Map No. 2024-142, does find and determine the following facts: 1. That the proposed map is consistent with the General Plan because it does not create additional development potential or alter the physical configuration of the existing building or site, the use and configuration of which is consistent with the zoning of the parcel. The site is designated for Mid Density Residential uses by the General Plan, and the existing industrial use is legally established and continues to operate in a manner that does not conflict with the intent of that designation. The subdivision is limited to the creation of separate airspace units within an existing, legally constructed building and does not impair the ability of the site to be reused or redeveloped in the future in a manner consistent with the General Plan. 2. That the design and improvement of the proposed subdivision are consistent with the General Plan because the subdivision consists solely of the creation of airspace units within an existing industrial building the use and configuration of which is consistent with the zoning of the parcel. The subdivision does not alter the existing configuration of the property or the surrounding area and does not impede the future ability of the property to be redeveloped in a manner consistent with the General Plan's Residential designation. 3. That the site is physically suitable for the proposed development because the subdivision consists of the creation of airspace units within an existing building. Aside from proposed minor site improvements, no additional development, grading, or construction is - 2 - PC2025-026 proposed, and no increase in density or intensity of use would result. The existing building and site improvements are adequate to support the subdivision as proposed. 4. That the site is physically suitable for the proposed density of the development. After the required street widening, the existing industrial building would still comply with the maximum Floor Area Ratio (FAR) requirement of the Industrial Zone. The FAR of the property is 0.38 and the maximum permitted FAR is 0.50. 5. That the design of the subdivision would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subdivision is limited to the creation of airspace units within an existing industrial building. Exterior improvements to the site include a reconfigured driveway approach, new landscaping, restriped parking stalls, and a new trash enclosure which would conform to the development standards of the Industrial Zone. These improvements are minor in nature, occur entirely within a previously developed and urbanized site, and do not affect any natural habitats or biological resources. 6. That the design of the subdivision or types of improvements are not likely to cause serious public health problems because the subdivision is limited to the creation of airspace units within an existing industrial building and proposed improvements would be designed to meet the development standards of the underlying zone, applicable State and City codes, standards, policies, and rules intended to protect public health. 7. That the design of the subdivision and any improvements will not conflict with existing public easement for access or use within the proposed subdivision. The subdivision will provide an easement for ingress and egress, for emergency and waste vehicles, and for surface drainage; 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. 2024-142, 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 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 and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) - 3 - PC2025-026 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 November 3, 2025. Said resolution is subject to the appeal provisions set forth in Chapter 17.08.100 (Advisory Agency Duties) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. I1 S CR&TARY, PLANNING COMMISSION OPTffE CITY OF ANAHEIM - 4 - PC2025-026 EXHIBIT "A" DEV NO.2024-00076 APN: y 037-130-17 v� Z P EHpv�� OR s MpSPAC � C�ESTBRO OK Pk. s-t 331' w v' o � 33A' �+1 E Llvti oV=7` OAK n]] < O 7 Z N1 So�tN 53 o ioo Source: Recorded Tract Maps and/or City GIS. v Feet Please note the accuracy is +/- two to five feet. PC2025-026 EXHIBIT "B" TENTATIVE PARCEL MAP (DEV2024-00076) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION The legal property owner/developer shall irrevocably offer to Public Works Department, dedicate to the City of Anaheim, for road, public utilities and Development Services other public purposes, the right-of-way easements at the 1 following location: a) 12-feet in width along the property frontage of East Street to achieve the ultimate half right-of-way width of 45 feet from the street centerline. The legal property owner shall irrevocably offer to dedicate to Public Works Department, 2 the City of Anaheim public easement for emergency services Development Services and solid waste/trash collection access, as shown on Tentative Parcel Map No. 2024-142. The vehicular access rights to East Street shall be released and Public Works Department, 3 relinquished to the City of Anaheim, except at approved Development Services driveway openings, as shown on Tentative Parcel Map No. 2024-142. The developer shall pay all applicable development impact fees Public Works Department, 4 required under the Anaheim Municipal Code. Development Services The developer shall submit improvement plans, for the Public Works Department, 5 construction of required public improvements, to the Public Development Services Works Development Services Division for review, approval, and to determine the bond amounts. The parcel map shall be submitted to the City of Anaheim, Public Works Department, 6 Public Works Development Services Division and to the Development Services Orange County Surveyor for technical correctness review and approval. The developer shall execute a maintenance covenant with the Public Works Department, City of Anaheim in a form that is approved by the City Development Services 7 Engineer and the City attorney for the private improvements including but not limited to the following: private utilities (sewer water, storm drain, etc.), private drainage devices, open space slopes, landscaping and irrigation, private lights, trash PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT enclosures in addition to maintenance of any existing on -site Water Quality Management Plan (WQMP). The covenant shall be recorded concurrently with the parcel map. The applicant shall execute a Subdivision Agreement and Public Works Department, submit security in an amount acceptable to the City Engineer to Development Services 8 guarantee construction of the public improvements required herein. Security deposit shall be in accordance with the City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the parcel map. 9 Provide a Monumentation bond in an amount specified in Public Works Department, writing by a Licensed Land Surveyor of Record. Development Services 10 Comply with all applicable requirements of the Anaheim Public Works Department, Municipal Code. Development Services Design and submit for approval public improvement plans Public Works Department, along the property frontage of East Street in accordance with Development Services City Code, Standards and Specifications. Such improvements 11 shall include but not be limited to the following: Replace existing driveway with new commercial driveways approach, sidewalk along the ultimate right-of-way line including transitions, parkway landscaping with irrigation. All Landscape plans shall comply with the City of Anaheim Public Works Department, 12 adopted Landscape Water Efficiency Guidelines. This Development Services ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). The applicant/developer shall pay cash in lieu fee in the amount Public Works Department, of $60,028 for the construction of the required ultimate public Development Services improvements along the project frontage of East Street per City Std. No. 160-A, as shown on Tentative Parcel Map No. 2024- 142. The above -mentioned amount shall remain valid for eighteen (18) months from the date of Planning Commission 13 approval. In the event, the applicant/developer does not record parcel Map 2024-142 at the County of Orange Recorder's Office within eighteen (18) months from the date of Planning Commission approval, the applicant/developer shall submit to Public Works, Development Services an exhibit and new updated cost estimate in a form as agreed to by the City Engineer to determine and approve the cash in lieu fee amount. The project frontage public improvements on the exhibit shall PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT include but not limited to the following items: street widening, new pavement section, utilities relocation, concrete curb & gutter, landscaped parkway with irrigation, driveway approach, and other appurtenances. WITHIN 30.DAYS OFAPPBOVAL OF THE CONDITIONAL USE PERMIT Owner/Developer shall install an approved backflow Public Utilities prevention assembly on the water service connection(s) serving Water Engineering 14 the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. PRIOR TO BUILDING PERMIT ISSUANCE 15 Record Parcel Map No. 2024-142 pursuant to the Subdivision Public Works Department, Map Act and in accordance with City Code. Provide a duplicate Development Services photo M lar of the recorded ma to the City Engineer's office. 16 Label and dimension parking stalls, aisle widths and column Public Works Department, clearances to demonstrate conformance with City of Anaheim Traffic Engineering Engineering Standards. 17 That curbs adjacent to the drive aisles shall be painted red to Public Works Department, prohibit parallel parking in the drive aisles. Red curb locations Traffic Engineering shall be clearly labeled on building plans. 18 Per California Water Code, Division 1, Chapter 8, Article 5, Public Utilities Section 537-537.5) as amended by Senate Bill 7, water Water Engineering submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 19 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments Water Engineering of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 20 All existing water services and fire services shall conform to Public Utilities current Water Services Standards Specifications. Any water Water Engineering service and/or fire line that 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. PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation Tans, and relocated technical drawings andspecifications. 22 Prior to connection of electrical services, the legal owner shall Public Utilities provide to the City of Anaheim a Public Utility easement with Electrical Engineering dimensions as shown on the approved utilil • service plan. 23 Prior to connection of electrical service, the legal owner shall Public Utilities submit payment to the City of Anaheim for service connection Electrical Engineering fees. 24 Prior to issuance of each building permit or grading permit, the Public Utilities property owner/developer shall provide an electrical load Electrical Engineering analysis to APU. The analysis shall include a load schedule and maximum electrical coincident demand. Depending on the property owner/developer's load analysis, APU will determine and execute the necessary measures to provide sufficient capacity to the proposed improvements within project area. Electrical service fees and other applicable fees will be accessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. 25 Prior to issuance of each building permit or grading permit, the Public Utilities property owner/developer shall identify and provide any plans to Electrical Engineering incorporate generation interconnection to APU's electric system. 26 All CBC and CFC requirements shall be met for permit issuance. Fire and Rescue Any fire permits, which include fire sprinklers, fire alarm, etc., Department shall be submitted directly to Anaheim Fire and Rescue Community Risk Department. Reduction PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS All required frontage public improvements, as stated in Public Works Department, Condition No. 11 shall be constructed by the developer, Development Services inspected and accepted by Construction Services prior to final 27 building and zoning inspection. Damages to existing public improvements due to utility installation and improvements shall be removed and reconstructed in accordance with City standards andspecifications. 28 All remaining fees/deposits required by the Public Works Public Works Department, Department must be paid in full. Development Services 29 Set all Monuments in accordance with the parcel map and Public Works Department, submit all centerline ties to the Public Works Department. Any Development Services PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT monuments damaged as a result of construction shall be reset to the satisfaction of the City Engineer. Record Drawings and As -Built Plans shall be submitted for Public Works Department, 30 review and approval to the Public Works Department, Development Services Development Services. Owner/Developer shall install an approved backflow Public Utilities prevention assembly on the water service connection(s) serving Water Engineering 31 the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. OPERATIONAL CONDITIONS The Owner shall be responsible for restoring any special Public Utilities surface improvements, other than asphalt paving, within any Water Engineering right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, 32 stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. That ongoing during project operations, all vehicles associated Public Works Department, 33 with the facility shall be parked on -site and be prohibited from Traffic Engineering parking on public and private streets in the vicinity. GENERAL 34 The following minimum horizontal clearances shall be Public Utilities maintained between proposed water main and other facilities: Water Engineering • 10-feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. • 12-inch minimum vertical separation from other utilities. The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 35 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Water Engineering 36 The business shall be operated in accordance with the Letter of Planning and Building Request and Operation submitted as part of this application. Department, Any changes to the business operation as described in these Planning Services documents shall be subject to review and approval by the Division Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 37 Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, new landscaping shall be installed by the owner/developer in Planning Services conformance with Chapter 18.46 "Landscape and Screening" of Division the Anaheim Municipal Code and shall be maintained in perpetuity. 38 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services "Indemnitees") from any and all claims, actions or proceedings Division 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. 39 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Building Department, and as conditioned herein. Division PC2025-026 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 40 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services issuance of building permits for this project, whichever occurs Division 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. PC2025-026 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Bridgette 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 November 3, 2025, by the following vote of the members thereof: AYES: Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez, Tran-Martin, and Walker. NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have j4ere,4to set mAhand this 3`d day of November 2025. SECktTAj Y�. P �iING COMMISSION OF THE CITY OF ANAHEIM PC2025-026