Resolution-PC 2014-095RESOLUTION NO. PC2014 -095
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2014 -147 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00060)
(3 321 — 3325 EAST LA PALMA AVENUE)
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. 2014-
147 to establish a five lot industrial subdivision (herein referred to as the 'Parcel Map ") for
certain real property located at 3321 — 3325 East La Palma 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 24 acres, is currently vacant.
The Property is located in the La Palma Core Area (Development Area 3) of the Northeast Area
Specific Plan and is subject to the zoning and development standards of Section 18.120.080 of
Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP94 -1) Zoning and Development
Standards) of the Anaheim Municipal Code combined with the zoning and development
standards of the underlying base zone for Development Area 3, which is the "I" Industrial Zone.
Unless otherwise indicated in Chapter 18.120 of the Code, the standards of the "I" Industrial
Zone contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code ")
shall apply to the Property. The Anaheim General Plan designates the Property for Industrial
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 3, 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, to hear and consider evidence for and against the content and
sufficiency of the previously certified Environmental Impact Report No. 317 (which included a
Mitigation Monitoring Plan and a Statement of Overriding Considerations and findings related
thereto; herein referred to collectively as "EIR No. 317 ") and for and against proposed Tentative
Parcel Map No. 2014 -147 and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, on August 22, 1995, the City Council certified EIR No. 317 by
Resolution No. 95R -153, in support of the adoption of the Northeast Area Specific Plan; and
WHEREAS, the Planning Commission hereby finds and determines that, in
accordance with the California Environmental Quality Act (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA ") and Title 14 of the California Code of Regulations
(herein referred to as the "CEQA Guidelines "), (i) EIR No. 317 serves as the appropriate
environmental documentation for proposed Tentative Parcel Map No. 2014 -147 and satisfies all
of the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163
of the CEQA Guidelines calling for the preparation of a subsequent or supplemental
environmental documentation have occurred in connection with the proposed Tentative Parcel
Map No. 2014 -147; and (iii) no further environmental documentation needs to be prepared under
CEQA for the proposed Tentative Parcel Map No. 2014 -147; and
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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 -147, does find and
determine the following facts:
1. The proposed Parcel Map, 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 Parcel Map in
conformance with the development standards of the "I" Industrial Zone and Section 18.120.080 of
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
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 the proposed industrial buildings will be constructed in
compliance with the zoning and development standards contained in Section 18.120.080 of
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
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. 2014 -147, 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 Planning Commission meeting of
November 3, 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.
CHAI - INAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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 meeting of the Planning
Commission of the City of Anaheim held on November 3, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of
November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A "
DEV NO. 2014 -00060
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Feet Please note the accuracy is +f- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2014-147
(DEV2014- 00060)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF PARCEL MAP
1
A Reciprocal Easement Agreement (REA) for ingress /egress,
Planning Department
parking, maintenance and trash pick -up 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 Subdivision
Public Works -
Section of the Public Works Department for review and approval by
Development Services
the City Attorney's office. The covenant shall 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 La Palma Avenue. 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 Agreement, in a
Public Works -
form approved by the City Attorney, to complete the required public
Development Services
improvements at the legal 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.
4
A street improvement plan shall be submitted to the Public Works
Public Works -
Department for the construction of improvements, including
Development Services
landscaping and irrigation, along the frontage of La Palma Avenue.
The landscape and irrigation plans shall include relocation of
existing sidewalks and trees to its ultimate location. The
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
RESPONSIBLE
DEPARTMENT
5
The developer shall post a security to guarantee the construction of
Public Works -
public works improvements in an amount approved by the City
Development Services
Engineer and in a form approved by the City Attorney. The
improvements shall be constructed prior to final building and
zoning inspections.
GENERAL CONDITIONS
6
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees 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 to the
Planning Department
processing of this discretionary case application 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 accordance with
Planning Department
the plans and specifications submitted to and reviewed and
approved by the City of Anaheim, which plan is on file with the
Planning Department.
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