Loading...
Resolution-PC 2010-118RESOLUTION NO. PC2010 -118 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 15 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING TENTATIVE PARCEL MAP NO. 2010-141 (DEV2010- 00165) (1000 -1010 NORTH EDWARD COURT) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a tentative parcel map for a one lot 4 -unit condominium subdivision in the SP94 -1 DA 1 Northeast Industrial Zone Development Area 1 and the Anaheim 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 November 22, 2010, at 5:00 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 variance and to investigate and make findings and recommendations in connection therewith; 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, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the Industrial land use designation in the Anaheim General Plan and the development standards contained in the Northeast Area Specific Plan, Development Area 1 (Industrial Area). 2. That the site is physically suitable for the type and density of the proposed industrial condominium subdivision. 3. That 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 developed with an existing industrial building. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site contains an existing building and no new construction is proposed only demising walls will be constructed in the interior of the building which will be in compliance with Code requirements. 1 PC2010 -118 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 15 (Minor Land Division) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2010 -141 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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 (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. 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION lannin as adopt t P Commission meeting of November 22, 2010. 1' All EST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION - 2 - PC2010 -118 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor 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 November 22, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 2 2 day of November, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -118 I AP N : 344 -414-12 0 100 Feet 67' 44' c) N LC) (T) 1 EXHIBIT "A" DEV2010 -00165 F s T gR A L F 9' 590.98' 91 FREEWAY E FRONTERA ST 4 - 353.68' a3 0 CO (.0. rn Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +1- two to five feet. 11044 PC2010 -118 NO. CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL 1 2 A maintenance covenant shall be submitted to Public Works, Development Services and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities and a maintenance exhibit. 3 Prior to final map approval, a use agreement shall be recorded satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. PRIOR TO ISSUANCE OF A I3 UILDING PERMIT 4 That on -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 5 Business to be equipped with alarm system (silent or audible). 6 7 EXHIBIT `B" TENTATIVE PARCEL MAP NO. 2010-141 (DEV2010- 00165) The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net/article.asp ?id =678 Each individual unit should be clearly marked with its appropriate building number and address. These should be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12" and -5 REVIEW BY Public Works, Development Services Public Works, Development Services Fire Public Works, Traffic and Transportation Services Police Police Police SIGNED OFF BY . PC2010 -118 NO. CONDITIONS OF APPROVAL 8 9 10 illuminated during the hours of darkness. Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. All exterior doors to have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. REVIEW SIGNED OFF BY BY Police Police Police 11 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the Division City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3 (Parcel Map, Site Plan and Floor Plan) as conditioned herein. -6- PC2O10 -118