Loading...
RES-2017-051RESOLUTION NO. 2017-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2016-192 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00025) (203 NORTH EUCLID STREET) WHEREAS, the City of Anaheim (the "City ") did receive a verified petition to approve Tentative Parcel Map No. 2016-192 to consolidate six parcels into one parcel for that certain real property located at 203 North Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.92 -acres in size and is designated as Industrial in the Anaheim General Plan Land Use Element. The Property is currently vacant and consists of six lots with separate "C -G" General Commercial. and "I" Industrial zoning designations. The Anaheim General Plan designates this Property for Industrial land uses; and WHEREAS, Tentative Parcel Map No. 2016-192 is proposed in conjunction with Reclassification No. 2016-00299 and Conditional Use Permit No. 2016-05866, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project". WHEREAS, on January 23, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, 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 Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Tentative Parcel Map 2016-192, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, 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 permit the Proposed Project on the Property, the Planning Commission adopted Resolution No. PC2017-016 approving the Proposed Project including Tentative Parcel Map No. 2016-192; and WHEREAS, following an appeal of the Planning Commission's action, the City Council did hold a separate public hearing at the Civic Center in the City of Anaheim on March 7, 2017 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 Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Tentative Parcel Map No. 2016-192, and to investigate and make findings and recommendations in connection therewith; and 1 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this City Council has found and determined that 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 City Council, 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 consolidation of lots, does fmd and determine the following facts: 1. The proposed consolidation, including its design and improvements, and with the conditions imposed herein is consistent with the Industrial land use designation in the Anaheim General Plan and the development standards contained in the "I" Industrial Zone in that the proposed parcel map will consolidate six lots into one lot for the purpose of constructing a new car wash facility. The proposed consolidation is consistent with the proposed zoning and the existing General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed development in that this flat lot is currently undeveloped and is of adequate size to be developed in accordance with the I zone development standards. 3. The lot consolidation, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site in that no environmental impacts are anticipated as part of the future development of a carwash facility on this undeveloped property. 4. The lot consolidation, or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed and other related Code requirements in that the future development of a carwash facility will be subject to all City code requirements for demolition and construction. 5. The lot consolidation 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 project site in that the parcel map is conditioned to be submitted for review and 2 approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve Tentative Parcel Map No. 2016-192, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "I" Industrial Zone in accordance with Reclassification No. 2016-00299, (2) 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 the City Council 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 Anaheim Municipal 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. HI THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7 thday of March , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None ATTEST: &3a-'=D�s — CITY CLERK OF THE CITY OF ANAHEIM 121016v2/LHM fl CITY OF ANAH/EIM z— MA OR OF TA CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2016-00025 APN: 072-101-621 E- 0 u LU Z P N 0000 .127' `5) W LINCOLN AVE w F- 0 J u D ul a so iccl Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Feet Y EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2016-192 (DEV2016-00025) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT xMPA �Plt0, AL 1 The property owner shall irrevocably offer to dedicate to the City of Public Works Department, Anaheim an easement 63 feet in width from the construction centerline of Lincoln Avenue (50 feet from control line) for road, public utilities, and Development Services other public purposes. Division 2 The property owner shall irrevocably offer to dedicate to the City of Public Works Department, Anaheim an easement 38 feet in width from the centerline of Euclid Way and a corner cut-back from the ultimate right-of-way of Euclid Way to the Development Services ultimate right-of-way of Lincoln Avenue for road, public utilities, and other Division public purposes. 3 The legal property owner shall post a security and execute a Subdivision Public Works Department, Agreement to complete the required public improvements at the legal Development Services owner's expense in an amount approved by the City Engineer and in a Division form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. 4 The developer shall submit offsite improvement plans, obtain a right-of- Public Works Department, way construction permit, and post a security (Performance and Labor & Development Services Materials Bonds) in an amount approved by the City Engineer and in a Division form approved by the City Attorney for the construction of all required public improvements within the City street right of way of Lincoln Avenue and Euclid Way. Improvements shall conform to the applicable City Standards, the Lincoln Avenue Corridor Master Plan, and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. 5 The Parcel Map shall be approved in substantial conformance with City Council resolution for this project. Public Works Department, L Development Services I Division RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and Building individually and collectively as "Indemnitees") from any and all claims, Department, actions or proceedings brought against Indemnitees to attack, review, set Planning Services Division 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 and Building 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 Department, this project, whichever occurs first. Failure to pay all charges shall result Planning Services Division in delays in the issuance of required permits or may result in the revocation of the approval of this application. 8 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department. Planning Services Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-051 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of March, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 2017. (SEAL)