Resolution-PC 2012-074RESOLUTION NO. PC2012 -074
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DETERMINING THAT A PREVIOUSLY
APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND APPROVING
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00029)
(331 -401 WEST CARL KARCHER WAY, 1315 -1359 NORTH ANAHEIM BOULEVARD,
AND 1200 NORTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission did receive a verified Petition for
Tentative Parcel Map No. 2012 -105 to permit a 6 -lot commercial subdivision for finance and
conveyance purposes (collectively referred to herein as the "Project ") on that certain real
property located at 331 -401 West Carl Karcher Way, 1315 -1359 North Anaheim Boulevard, and
1200 North Harbor Boulevard in the City of Anaheim, as legally described on Exhibit A attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the 12 -acre Property is developed with a fast food restaurant, vacant
building, and vocational school and is located in the C -G (General Commercial) zone. Property
is designated for General Commercial land uses in the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 22, 2012, at 5.00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions Chapter 18.60
of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed
project to investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that a Mitigated Negative Declaration ( "MND ") was
previously approved for the Project site and the MND evaluated the physical environmental
impacts of the Project in conformance with the provisions of CEQA, pursuant to State CEQA
Guidelines Section 15070. The MND found that the Project would have less than significant
impacts to the environment with the implementation of mitigation measures contained in the
Mitigation Monitoring Program; 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 pertaining to the request to permit a 6 -lot commercial subdivision for
finance and conveyance purposes, does find and determine the following facts.
1. That the proposed subdivision, including its design and improvements, is
consistent with the General Commercial land use designation in the Anaheim General Plan and
the development standards contained in the General Commercial (C -G) zone.
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2. That the site is physically suitable for the type and density of the proposed
commercial 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 no sensitive
environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems, as no changes are proposed to the existing restaurant and
vocational school buildings; any new buildings and associated site improvements will be
constructed on the property in compliance with Code requirements.
5. 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
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Tentative Parcel Map No. 2012 -105, 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 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 this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal 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 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.
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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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 22, 2012. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CU
CHAIR, ANAHEIM CITY VEANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
I, Grace Medina, Senior 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 October 22, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of October, 2012.
SENIOR StCRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00029
APN: 073 - 083 -27
073 -083 -13
073 -083 -14
073- 083 -28
073- 083 -32
073 - 083 -31
073- 083 -30
073 -083 -12
073 -083 -01
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +I- two to five feet.
-4- PC2012 -074
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2012-105
{DEV2012- 00029}
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
1
Subject property shall be developed, maintained and operated
Planning
substantially in 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 Exhibit No. 1, and as
conditioned herein.
2
The final map shall be submitted to the City of Anaheim Department
Public Works
of Public Works and the Orange County Surveyor for technical review
Development
and verified that all applicable conditions of approval have been
Services
complied with and then shall be recorded in the Office of the Orange
County Recorder.
PRIOR TO RECORDATION OF PARCEL MAP
3
An unsubordinated restricted covenant providing reciprocal access
Planning
and parking approved by the Planning Department 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.
4
An improvement certificate shall be placed on the final map to
Public Works
indicate that all street improvements along Harbor Boulevard per the
Development
latest version of Public Works Standard Detail No. 160 -A shall be
Services
constructed prior to final building and zoning inspections as required
by the City Engineer for future building or grading site development
plans.
5
An improvement certificate shall be placed on the final map to
Public Works
indicate that all required public sewer and storm drain improvements
Development
shall be constructed prior to final building and zoning inspections as
Services
required by the City Engineer for future building or grading site
development plans.
6
A maintenance covenant shall be submitted to the Public Works
Public Works
Department, Development Services Division and approved by the
Development
City Attorney's office. The covenant shall include provisions for
Services
maintenance of private facilities, including compliance with an
approved Water Quality Management Plan, if any, and a maintenance
exhibit. Maintenance responsibilities shall include parkway
landscaping and irrigation on Harbor Boulevard and Carl Karcher
Way. The covenant shall be recorded in the Office of the Orange
County Recorder.
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NO.
CONDITIONS OF APPROVAL
RE, E,VIEW
SI[GN]ED
BY
OFF ITV
7
The legal property owner shall execute a Subdivision Agreement, in
Public Works
a form approved by the City Attorney, to complete the required
Development
public improvements at the legal property owner's expense. Said
Services
agreement shall be submitted to the Public Works Department,
Subdivision Section for approval by the City Attorney and City
Engineer.
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