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Resolution-PC 2012-107RESOLUTION, NCI. EC22012-107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF.ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2012-143 AND MAKING CERTAIN FINDINGS IN CONNECTfON THERIEWITI-1 (1 (2281-2299 WEST - BALL ROAD) WHEREAS, the Planning Commission of the Cky otAnaheirn (herein referred to as the "Planning Con did receive a verified Petition for Tentative Parcel Map No, 21012-143 to establish a. three-lot connnercial subdivision consisting of Parcels 1, 2 and 3 to allow for the future. construction of either (1) two drive-through restaurants 01) parcels 2 and 3 (herein reforredlo as "Option A"), or (2) a drive-through restaurant on Parcel 2 and a service station on Parcel 3 (herein referred to as "Option B") for that certain real property located at 228 -2299 West Ball Road in the City of Anaheirn, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is developed with cornroiercial buildings presently - consisting of approximately 170,000 square feet of which 30,000 square feet will be demolished to construct either Option A or Option B. The Property is located in the C-G (General Con zone arid is desigi for Commercial Nei Center land uses hl the City z:1 of" Anatienn General Plan, and WHEREAS, on December 17, 2012, the Planning Commission did hold a pubtic Timing at the Civic Cent r in ibe, City of Anaheil-li, notice of said public hearing havino been Z�l duly given as requife,� by law and in accordance with the provisims of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed. Tentative Parcel Map No. 2012-143 to investigate and make findings and recorni 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 Com finds and determines, that the proposed Tentative Parcel Map No. 2012-143 is within that class of projects which consist of replacerneill or reconstruction meeting the conditions described in Section 15302 of 'Title 14 of California Code of Regulations C'CEQA Guide ]hue Specifically, the proposed Tentative Parcel Map No. 2012-143 consists of the demolition of an. existing 30,000 sqrjare foot building and the c of new buildings and facilities consisting in the aggregate of not mode. than 6,000 square feet on the same site as the structure replaced and will it, substantially the saine purpose and capacity as the structure replaced. Accordingly, pursuant to .Section 15302 of the CEQA 0.6delifies, the proposed Teritatiw.. Parcel Map No. 2012-143 will not cause significant effect on the environment, and is, there[ore, categorically exempt from the provisions of CEQA; and WHEREAS, the planning Commission, after due inspection, investioation and study rrtade by itself and in. its behalf, and �.ifter due consideratio, of, and based upon, all evidence and reports offered at said hearing pertaining to proposed Tentative flarcei tMap No. 2012-143 , does hereby find and detertuirle as follows: - 1 - PC2012-107 I . That the proposed subdivision, including its design <md improvernents, is consistent with the Conirnercial Neighborhood CeDtOr lar,td use designation in the Anaheim General Plan and the development, standards contained in the 1 (General ComiDercial) zone. 2. That the site is physically suitable for the type and size of the proposed c,ornmercial subdivision. 3. That the design of the subdivision is not likely to cause substantial environ.-nental damage or substantially and avoidably injure fish or wildlife or their habitat, as DO 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, since any now structures and associated site improvements will be constructed On the property in compliance with Code requirements. 5. That the design of die subdivision or tl:ie type of irnprovemenis vvill not conflict Z�11 with c asements, acquired by the ptA)lic at large, for access through or ase of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve proposed Tentative Parcel Map No. 2012-143, subject to the conditions of' j 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 18.60.1 `70 of the Anaheirn Municipal Code. Timm 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 pu good of the condition Z!� P rp (s), (ii) the modification coinplies with the Anaheim, Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or apt roved , 'Je.velLopment. BB F' IT FURTHER RESOLVED that con.structioil of Option A or Option 13 (as described horeinabove) is contingent upoin and subject to approval of Conditional Use Permit Nt 20 1 2­056,34 and Conditional Use Permit No. 2012-05646, now pending. BE IT FIL jR11iER RESOLVED, that this permit is approved without limitations on the duration of the use. Arnendrnents, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment. to Permit Approv.al) and 18.60.2 (Cite- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby finol and determir that adoption of this Resolution is expressly predicated UpOrl applicant's complh with each ailct at! of the c-londitions hereinabove set forth. Shoillul any such co-ndit or any part thereof, he dcclared invidid or unenforceable by the Final ju.dgment of any Court of competent jurisdiction, this Resolution, and any approvals herein contained, shall be deeined mull and void. - 2 - PC2012., 107 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 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. z:1 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 December 17, 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. NFIR, STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM PLANNING COMMISSION 1, 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 December 17, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of December, 2012. SENIOR SECRETARY, ANAHEIM CITY P 0 G COMMISSION PC2012-1 07 EXHIBIT "A" DEV NO.20012-00050 -4- PC2012-107 EXHIBIT "B" TENTATIVE PARCEL, MAP O. 2012-143 (DE V2012-000501 - 5 - PC20,12-107 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GEWERAL 'Fhe sanitary sewer and storm drains for this development shall bc° Public Works privatelvinaintained. Development Services �� PRIO,k TO ISS OF BUILDING PERMIT That , a private water systern with serparate s-.rvice for fire protection and dornestic water shall be provided. Utilities, Electrical Engineering PRIOR To FINAL MAP APPROVAL i 3 T An Lmsubordinated restricted covenant providing ' reciprocal access, PI inning driveway and property maintenance and parking approved by the Planning lie paol in ,, fon satisfactory to the City Attorney shall be recorded with the Offico of the Orange Comity Recordor. A copy of the covenant shall then be submilled to the Planning Department. 'be covenant shall be re lcrcnc&d in al, deeds transferring all or any part of the, inter(- ia the property. 4 Prior to final ina-p approval , the property owner shall . irrevocably offer Public Works for dedication (with subordination of easements, to the Clity of Development Anaheim, a corner cut-off at Brookllurst Street at Ball Road and Services additional areas for signal isting traffic im provenien I'S at Perdido 112:1 Z7 Street and Bad Road as easements for road, public utilifies and other incidental public purposes. A born shall be posted in an amoum approved by tk� City Enoineer ih �C W� rks and atorn"i approved by the City Attorney prior to fin al snap � D evelo approval. Services Prior to final rnap approval, a maintenance covenant, shall be Public Works submitted to the Public Works Department/Developi Scrvices and Development approw-d by the City Attorney's ol'Rce. 'rhe covenant skall include Services provisions for maintenance of private facilities and shall be in compliance with the approved Water Quality Management P] an. and a maintenance exhibit. Maintenance responsibilities shall also iflClUde all on-sit.e. dramape devices, public parkway landscaping and irri(yation. The covenant shall be recorded in the Office of tile Orange 'F G.)unty RecorderCODO.rrenuy_wtth the final jl- 7 Prior to final map approval, the legal property owner shall execute Public Works Subdivision Agreement, in a form approved by the City Attorney, to Developraent i Lo 11�2 tLb ic improvements at the legal property I i - - 5 - PC20,12-107 - 6- P(_­20 12 - 107 IN CONDITIONS OF APPROVAL REVIEW SIGNED BY owner's expense. Said agreement shall be submitted to the Public services Works Department, Development Services approved by the City AttprneyAnd j -_�Lyineer. _!� �Xj Prior to final reap approval, It parcels shall beassigned street Public Works addresses by the Building Division. l -velopment Services 9 Prior to final triap approval, all existing StrUCtUreS within the proposed Public Works nenv lots shall be demolished. The developer shall obtain a. dernolition, it from the Building Division. R ent &zrvices PRIOR TO ISSUANCE OF GRADING PERMIT Prior to issuance of the grading permit and jight-of-way constr(;�t_ion 10 r, Public Works permit for the storrn drain and sewer, whichever occurs first, a Save Devc4opir4ent Harmless agreement in-lieu of an Encroachn lent Agreement is I Services required to be executed, approved by the City and recorded by the applicant on the property for any storm drairts connecting to a City storrrr drain. A Right of Way Construction Permit shall be obtained from the Public Works Public Works Department/Development Services for all work Development performed i- the right-ol'-way. The irnprovernents shall be Services constructed prior to final building and zoning JILseections, Prior to release of posted securitics, the public i m.provemems shall Public, Works be coristracAed by the developer raid accepted by Construction Developroent Services prior to final building and zoning inspections. Services 13 A Water Quality Management Plan (WQMP), as described in Building Drainage Area Management Plan for Ctr,_ County, Shall be submitted to the Planning Department /Bui Division for review and approval. Said WQMP shall: • Addr Site Design Best Managernent Practices (BMPs) such as mmunizizog impervious areas, maxiffnizing permeability, mini mizin directiv connected impervious areas, creating reduced or "zero discharge" areas, alid conservi nig natural areas. • Incorporate applicable Routine Source Control BMPs. 0 Incorporate Treaulient Control BMPs. • Describe the long term operation and maintenance, identifies the responsible parties., and funding mechanisais fiirthe Treatment Control BN4Ps. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 1 4 The WQMP shall: building Demonstrate that all structural B�M.Ps described. in the Project WQMP have been constructed and installed in conforniance — ----- ­___L__..r_` with, approved 2, 9 _ _La_n id s;��_ificaJo , s. - 6- P(_­20 12 - 107 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 0 Demonstrate that the property owner/developer is prepared to implement ail non- structural MPs described in the Project WQMP. 0 Dernonstrate that an adequate number of copies of the approved Project W 1 P are availabl�-, on site. Si.ibmit for review and approval by the City an Opm.ion and N - numanco Plan forail structural B PC2012-107