Resolution-PC 2013-055RESOLUTION NO. PC2013 -055
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2013 -122 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00094)
(3371 — 3375 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission did receive a verified Petition for the
approval of Tentative Parcel Map No. 2013 -122 to permit a four -lot industrial subdivision
(collectively referred to herein as the 'Project') on that certain real property located at 3371 —
3375 East La Palma Avenue 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 11 -acre Property is currently vacant and is located in the La
Palma Core Area (Development Area 3) 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 a public hearing at the Civic
Center in the City of Anaheim on July 29, 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 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 the proposed Project is within that class of projects which
consists of the division 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. The Property complies with all of the conditions described in Section 15315 of the
CEQA Guidelines. Accordingly, 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 four -lot industrial subdivision, does
find and determine the following facts:
- 1 - PC2013 -055
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 La Palma Core Area (Development Area 3) of
the Northeast Area Specific Plan No. 94 -1 (SP94 -1).
Project.
That the site is physically suitable for the type and density of the proposed
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 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 IT RESOLVED that this Planning Commission does
hereby approve Tentative Parcel Map No. 2013 -122, subject to and contingent upon satisfaction
of the conditions of approval described 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 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
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.
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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 July 29, 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.
i
CHAIR, ANAHEIM CITY PLANN COMMISSION
ATTEST:
SENIOR SECktTARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 July 29, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of July, 2013.
1.e"�ti.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00094
APN: 345 - 081 -22
�p Pp`Mp/
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I , u sc ioo Source: Recorded Tract Maps and /or City GIS.
t Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2013-122
(DEV2012- 00094)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
The Applicant shall defend, indemnify, and hold harmless
Planning
the 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 Indemnities and
costs of suit, claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses
incurred by Indemnities in connection with such proceeding.
2
Subject property shall be developed, maintained and
Planning
operated substantially in accordance with plans and
Department
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.
PRIOR TO RECORDATION OF PARCEL MAP
3
A Reciprocal Easement Agreement (REA), or such other
Planning
similar agreement as may be acceptable to the City Attorney,
Department
which provides for shared ingress /egress, parking,
maintenance and trash pick -up will be required as a
condition of approval of the Subdivision application. Said
agreement (i) must nm with the land in perpetuity, (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. Said agreement shall be reviewed and
approved by the City Attorney prior to its execution and
recordation in the Official Records of the County of
Orange. A copy of the recorded agreement shall then be
submitted to the Planning Department. The agreement shall
be referenced in all deeds transferring all or any part of the
interest in the property.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
4
The Owner shall irrevocably offer to dedicate to the City of
Public Utilities -
Anaheim (i) an easement for all large domestic above-
Water
ground water meters and fire hydrants, including a five (5)-
foot wide easement around the fire hydrant and/or water
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 surface improvements
other than asphalt paving shall be the responsibility of the
Owner and included and recorded in the Master CC & R's
for the project.
5
A maintenance covenant shall be submitted to the Subdivision
Public Works -
Section of the Public Works Department for review and
Development
approval 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, and a maintenance exhibit. Maintenance
responsibilities shall include parkway landscaping and
irrigation on Miller Street and Ocean Circle. The covenant
shall be recorded in the Official Records of the County of
Orange concurrently with the final parcel map.
6
The legal property owner shall execute a Subdivision
Public Works -
Agreement, in a form approved by the City Attorney, to
Development
complete the required public improvements at the legal
Services
property owner's expense. Said agreement shall be submitted
in a form satisfactory to the Public Works Department
(Subdivision Section) and approved by the City Attorney and
City Engineer.
7
Street improvement plans shall be submitted for the
Public Works -
construction of improvements, including landscaping and
Development
irrigation, along the frontage of Miller Street, La Palma
Services
Avenue, and Ocean Circle. The landscape and irrigation
improvement plans shall be prepared in accordance with the
Public Works Landscape and Irrigation Manual for Public
Street and Highway.
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NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
8
Prior to issuance of a building permit, the developer shall post
Public Works -
security to guarantee the construction of public works
Development
improvements in an amount approved by the City Engineer
Services
and in a form approved by the City Attorney. The
improvements shall be constructed prior to final building
and zoning inspections.
9
The property owner shall irrevocably offer to dedicate to the
Public Works -
City of Anaheim a 60 -foot wide and a variable width, up to 33
Development
feet, easements from the centerline of La Palma Avenue and
Services
Ocean Circle, respectively, for road, public utilities and other
public purposes. Corner cut -off dedications at Miller Street
and La Palma Avenue, Miller Street and Ocean Circle and La
Palma Avenue and Ocean Circle are also required.
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