Loading...
Resolution-PC 2013-048RESOLUTIO NO. P _'201 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP :NO. 2012 -129 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV20 1 2- 001 19) (4900 EAST LANDON DRIVE) WHEREAS, the Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2012 -129 to permit a three -lot industrial subdivision for conveyance Purposes (collectively referred to herein as the "Project ") on that certain real property located at 4900 East Landon Drive in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the 6.90 -acre Property is developed with three industrial buildings and is located in the Expanded Industrial Area (Development Area 2) of the (Northeast Area Specific Plan No. 94 -1 (SP94 -1). The Property is designated for Industrial land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the City of Anaheim on July 1, 2013, 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 Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to bear 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 seg., herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed Project is within that class of projects which consists of the divisions of property meeting the conditions described in Section 15315 of Title 14 of the California Code of Regulations ( "CEQA Guidelines"); that is (a) consists of the division of property in an urbanized area zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and the Zoning Code, (b) no variances or exceptions are required, (c) all services and access to the proposed parcels to local standards are available, (d) the parcel, prior to its division, was not involved in a division of a larger parcel within the previous two years and (e) the parcel does not have an average slope of greater than 20 percent. Accordingly, pursuant to Section 15315 of the CEQA Guidelines, the proposed Project will not cause a significant effect on the environment and is, therefore, 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 pertaining to the request to permit a three -lot industrial subdivision for conveyance purposes, does find and detertnine the following facts: PC20 4 3 -048 I . That the proposed Project, including its design and improvements, is consistent with the Industrial land use designation in the Anaheim General Plan and, more specifically, the Northeast Area Specific Plan No. 94 -1 (SP94 -1) and with the zoning and development standards contained in Chapter 18.120 of the Code for the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan No. 94 -1 (SP94 -1). 2. That the site is physically suitable for the type and density of the proposed Project. 3. That Cie 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 likel to cause serious public health problems, as no changes are proposed to the existing industrial buildings. 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 If RESOLVED that this Planning Commission does hereby approve Tentative Parcel Map No. 2012 -129, subject to and contingent upon satisfaction of the conditions of approval described in Ex hibit attached hereto and incorporated herein 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 said conditions of approval may be granted in accordance with Section 18.60.170 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 (s), (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 corn petem jurisdiction, then this Resolution, and any approvals herein contained, sbali 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 -2- PC2013 -048 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 July 1, 2013. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. � P j) CHAIR, ANAHEIM CITY PLAN - ING COMMISSION ATTEST: r SENIOR SEXRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 July 1, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK.. FAESSEL, LIEBERMAN, PERSA:UD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set try hand u'ais "' day of July, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -048 EXHIBIT "A" DEV NO. 2012 -00119 4- PC2013 -048 EXHIBIT 11TV, TENTATIVE PARCEL MAP NO. 2012-129 (DEV2012- 00119) - 5 - PC2013 -048 �^ NO. CONDITIONS O )OPROVAL REVIEW BY SIC :NEIL OFF' BY PRIOR TO ISSUANCE OF BUILDING PERMIT I _ That all re0uests for new water services or fire lines, as well Public Utilities- as any modifications, relocations, or abandonment of Water existing water services and fire lines, shall be coordinated Engineering through Water Engineering Division of the Anaheim Public Utilities Department. 2 Prior to issuance of a building permit, the developer shall public Works submit to the Public Works Department, Development Development Services Division street improvement plans. The plans shall Services include the construction or sidewalk per Public Works Standard Detail No. 160 -A, sidewalk access ramps, and I landscape and irrigation improvements. Existing landscape and irrigation improvements shall be protected in place and or replace as determined by Cit En =in eer. I Prior to issuance of a building permit, the legal property Public Works owner shall irrevocably offer to dedicate to the City of Anaheim on the final map an easement 38 feet in width from Development the centerline of Landon Drive and Manassero Street for Services road and public utilities purposes. I GENERA — D { 4 The Applicant shall defend, indemnify, and hold harmless — `T Planning khe City and its officials, officers, employees and agents � Department (collectively referred to individually and collectively as "indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnit es and costs of suit_ claim or litigation including without limitation attorneys lees and other cost, liabilities and expenses incurre by Ind in connection with such prroceedin 5 Subject property shall be developed, maintained and — -- Planning operated substantially in accordance with plans and Department specificatons 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. - 5 - PC2013 -048 NO. CONDITIONS OF Ai'I?i2OV iL �REVIE4� B3 SIGNED OFF BY 6 The thirty foot easement for utility purposes located over Planning/Public parcel 2 shad be removed. Works Real I Property �_ 1 ( Services I'VOR TO APPlRO VA.L CSI'` ATER IVPR6VCs�Y KVT PI AIV - 7 The Owner shall irrevocably offer to dedicate to the Cit of Public OtiGties- Anaheim (i) an easement for all large domestic above- Water ground water meters and fire hydrants, including a five (5)- � Engineering foot wide easement around the fire hydrant and/or water i meter pad. (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all sur improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the 'Master CC & 12's for the project. PRIOR TO RF,CORDATION OF PARCEL MAP 8 A Reciprocal Easement Agreement (REA) for ingress /egress, parking, maintenance and trash pick up will Planning Department be required as a condition of approval of the Subdivision application. The IDEA, fil must run with the land in perpetruty, (ii) shall inure to the benefit of. and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession of the properties who directly or through any agent violate the terms hereof; and (iii) shall not be modified, supplemented or amended without the City's prior written consent. The REA 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. -6- PC2013 -048 NO. (:t }NDITIONS OF A :PPROVA.L- � REVIEW BY SIGNED '! I f OFF BY ( The final map shalt be submitted to the Cite of .Anaheim Public Works Department of Public Works and the Orange County Surveyor Development for technical review and verified that all applicable conditions Services of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. 14 A maintenance covenant shall be submitted to the Public Public Works Works Department, Development Services Division and Development approved by the City Attorney's office. The covenant shall Services include provisions for 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 Landon Drive and Manassero Street. The covenant shall be recorded in the Office of the Orange Comity Recorder. 11 Prior to approval of final map, a security shall be provided to Public Works guarantee the construction of all public works improvements. Development The security shall be provided in an amount approved by the Services 12 City Engineer and ma form approved by the City Attorney- Prior to approval of final map the developer shall provide a Public Works security to guarantee the installation of required survey Development monuments. The security shall be provided to die City in an Services r amount stipulated by the professional survey of record, and in a format approved by the City Attorney 13 Prior to approval of the Final Parcel Map, Public U lities- m Developer/Applicant shall form a legal association of all the Water properties and units served and prepare CC &Rs that define the Engineering perpetual responsibility for the maintenance of all backllow prevention devices and the payment of all utility services provided and the individual responsibility of all association members. The draft CC &R's shall be submitted to Water Engineering for review prior to approval of the Final — Parcel Map. — -7- PC20 13 -048