Resolution-PC 2014-091RESOLUTION NO. PC2014 -091
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING TENTATIVE PARCEL MAP 2014 -143 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00075)
(440 NORTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred
to as the "Planning Commission ") did receive a verified Petition for Tentative Parcel Map No.
2014 -143 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map ") for
certain real property located at 440 North Magnolia Avenue 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 3.8 acres, is developed with
two commercial buildings. The Anaheim General Plan designates the Property for Corridor
Residential land uses. The Property is located within the General Commercial ( "CG ") Zone. As
such, the Property is subject to the zoning and development standards described in Chapter 18.06
(General Commercial Zone) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 20, 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
(Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel
Map, and 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 Parcel Map is within that class of
projects which consists of a the division of property meeting the conditions described in Section
15315 of the California Code of Regulations (the "CEQA Guidelines "); that is, (a) consists of the
division of property in an urban area zoned for residential, commercial or industrial use into four
or fewer parcels when the division is in conformance with the General Plan and zoning, (b) no
variances are required, (c) all services and access to the proposed parcelsproject site to local
standards are available, the (d) the existing parcel was not involved in the division of a larger
parcel within the previous two years, and and (e) the existing 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 CEQA Guidelines, the proposed
project Parcel Map 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 for Tentative Parcel Map No. 2014 -143, does find and
determine the following facts:
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1. The proposed division, including its design and improvements, is consistent with
the Corridor Residential land use designation in the Anaheim General Plan and, the zoning and
development standards of the "CG" Genral Commercial zone contained in Chapter 18.06
(General Commercial Zone) of the Code; and
2. The site is physically suitable for the type and density of the Parcel Map in
conformance with the development standards of the "CG" General Commercial Zone ; and
3. The design of the division 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 design of the division or the type of improvements is not likely to cause
serious public health problems, as no development is proposed as part of this request. Any future
development requests would be required to comply with the standards of the "CG" General
Commercial Zone; and
5. The design of the division 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 division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Parcel Map No. 2014 -143, 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.
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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.
THE FOREGOING RESOLUTION was adopted at the regular meeting of the
Planning Commission held on October 20, 2014. Said resolution is subject to the appeal
provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
ATTEST:
, A ��.,..." 2 W, " �
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the
Planning Commission of the City of Anaheim held on October 20, 2014, by the following vote of
the members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, DALATI, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of October, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
EXHIBIT "A"
DES' NO. 2014-00075
APN: 071
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Source: Recorded Tract Maps and/or City GIS-
Please note the accuracy is +/- two to five feet
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W CRESCENT AVE z
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2014-143
(DEV2014- 00075)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO RECORDATION OF THE PARCEL MAP
1
The Owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim an easement for Road, Public Utilities, and other Public
Department,
purposes 53 feet from the Centerline of Magnolia Avenue to the
Development
Ultimate Right of Way in the event that there are any Right of Way
Services Division
gaps that have not been dedicated to the City of Anaheim.
2
An improvement certificate shall be placed on the final map to
Public Works
indicate that all street improvements along Magnolia Avenue per
Department,
Public Works Standard Detail 160 -A shall be constructed prior to
Development
final building and zoning inspections as directed by the City
Services Division
Engineer for future building or grading site development plans.
3
An improvement certificate shall be placed on the final map to
Public Works
indicate that all required public sewer and storm drain
Department,
improvements shall be constructed prior to final building and zoning
Development
inspections as directed by the City Engineer for future building or
Services Division
grading site development plans.
4
The vehicular access rights to Magnolia Ave shall be released and
Public Works
relinquished to the City of Anaheim except at approved street
Department,
openings.
Development
Services Division
GENERAL
5
The Parcel Map shall be submitted to and approved by the City of
Public Works
Anaheim and the Orange County Surveyor and then shall be filed in
Department,
the Office of the Orange County Recorder.
Development
Services Division
6
Conditions of approval related to each of the timing milestones above
Planning
shall be prominently displayed on plans submitted for permits. For
Department,
example, conditions of approval that are required to be complied with
Planning Services
prior to the issuance of building permits shall be provided on plans
Division
submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks and
trail plans, and fire and life safety plans, etc.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
Indemnitees 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.
8
The Applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
9
The subject Property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
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