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Resolution-PC 2014-032RESOLUTION NO. PC2014 -032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013 -123 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00098) (1202 — 1204 NORTH MILLER STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition for Tentative Parcel Map No. 2013- 123 to establish a two lot industrial subdivision (herein referred to as the "Proposed Project ") for that certain real property located at 1202 — 1204 North Miller Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 13.42 acres, is developed with two industrial buildings which are currently under construction. The Property is located in and subject to the regulations and development standards of the Northeast Area Specific Plan, Development Area 3 - La Palma Core Area (SP94 -1, DA 3) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 2014 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 proposed Tentative Parcel Map No. 2013 -123 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 a division of property in an urban area zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances are required, all services and access to the project site are available, the parcel was not involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent at the time of this determination, and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, 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 with respect to the request to establish a two lot industrial subdivision, has determined that Tentative Parcel Map No. 2013 -123 should be approved for the following reasons, does find and determine the following facts: - I - PC2014 -032 I . The proposed request to permit 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); and 2. The site is physically suitable for the type and density of the proposed Project; and 3. The 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 in the vicinity; and 4. The 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 which are under construction; and 5. The 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 the Planning Commission does hereby approve Tentative Parcel Map No. 2013 -123, contingent upon and subject to 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 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 any amendment, modification or revocation 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 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 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- PC2014 -032 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2014. 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. i h1. CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: `- SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 April 21, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -032 EXHIBIT "A" DEV NO. 2013-00098 APN:345 27 1'1 t. 1 1 t t 1 Lo o_ , o n •� i 0 Oct Ix" Cx 0 550 190 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -4- PC2014 -032 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2013-123 (DEV2013- 00098) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO RECORDATION OF PARCEL MAP 1 A Reciprocal Easement Agreement (REA) for Planning ingress /egress, parking, maintenance and trash pick -up Department will be required as a condition of approval of the Subdivision application. The REA (i) must run 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. The REA 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 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. 2 A maintenance covenant shall be submitted to the Public Subdivision Section of the Public Works Department for Works - review and approval by the City Attorney's office. The Development covenant shall include provisions for maintenance of Services 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. The covenant shall be recorded in the Official Records of the County of Orange concurrently with the final parcel map. 3 The legal property owner shall execute a Subdivision Public Agreement, in a form approved by the City Attorney, to Works - complete the required public improvements at the legal Development property owner's expense. Said agreement shall be Services submitted in a form satisfactory to the Public Works Department (Subdivision Section) and approved by the City Attorney and City Engineer. 4 An irrevocable offer of dedication along portions of Miller Public Street for future traffic signals is required and needs to be Works - submitted to the Public Works Department prior to Development approval of the Final Parcel Map 2013 -123. Services - 5 - PC2014 -032 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 5 The developer shall complete the requirements of the Public street improvements including landscaping and irrigation Works - along the frontage of Miller Street as submitted per Development RCP2013- 09771.The improvements shall be constructed Services prior to final building and zoning inspections. GENERAL CONDITIONS 6 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees Department and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnitees 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 7 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department within 30 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 may result in the revocation of the approval of this application. 8 The premises shall be developed substantially in Planning accordance with the plans and specifications submitted to Department and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. -6- PC2014 -032