Resolution-PC 2017-053RESOLUTION NO. PC2017-053
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2017-112
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00030)
(505-555 NORTH EUCLID STREET AND
536 NORTH FAIRHAVEN STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Tentative Parcel Map No. 2017-112 to
establish a 4 -lot commercial subdivision for that certain real property located at 505-555 North
Euclid Street and 536 North Fairhaven 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 3.22 -acre Property is currently developed with a 17 -unit senior apartment
building, a 65,000 square foot office building, and an 11,000 square foot bank, and is located in
the "C -G" General Commercial Zone. The Anaheim General Plan designates this Property for
Mixed Use land uses; and
WHEREAS, on June 12, 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 2017-112 and to investigate and make findings and
recommendations in connection therewith; and
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 (Title 14 of the California Code of Regulations; 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 the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of minor land divisions and in -fill development
meeting the conditions described in Section 15315 and 15332 of the CEQA Guidelines and 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 4 -lot commercial subdivision, does find and
determine the following facts:
-1- PC2017-053
I . The proposed subdivision, including its design and improvements, and with
the conditions imposed herein is consistent with the Mixed Use land use designation in the
Anaheim General Plan and the development standards contained in the "C -G" General Commercial
Zone; and,
2. The site is physically suitable for the type and size of the proposed
commercial subdivision in that this flat lot is developed with a 65,000 square foot office building,
17 -unit senior apartment complex, and 11,000 square foot bank building and is of adequate size to
subdivide into four parcels and meet the necessary development standards of the "C -G"
Commercial Zone.
3. The design of the subdivision, 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 and no
environmental impacts are anticipated as no development is proposed at this time.
4. The design of the subdivision 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 any future demolition, removal of structures, and future development
will be subject to all City Code requirements for demolition and construction.
5. 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.
WHEREAS, the Planning Commission detennines 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 Planning Commission 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 Planning Commission does hereby
approve Tentative Parcel Map No. 2017-112, 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.
-2- PC2017-053
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 12, 2017. 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.
AIRPERS N, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3- PC2017-053
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 June 12, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2017-053
APN' 072-211-13
072-211-41 LXIIIBIT"A"
072-211-42
072 -?11-39
077-211-22
00
072-211-24
DEV N0. 2017-030
072-211-23
072-21',-40
W CRESCENT AVE
0
sc 20
19'
L JLL i
W WESTMONT DR
63D
z
Sourta: Racordi!d Trav klaos arid�ur City GIS
M171 Please note the accuracy is +f- tw m fim teet
-5- PC2017-053
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2017-112
(DEV2017-00030)
-6- PC2017-053
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO APPROVAL OF FINAL PARCEL MAP
1.
The final snap shall be submitted to and approved by the City of
Development
Anaheim Department of Public Works and the Orange County
Services, Public
Surveyor for technical review and ensure that all applicable
Works Department
conditions of approval have been complied with and then shall be
filed in the Office of the Orange County Recorder.
2.
The legal property owner shall irrevocably offer to dedicate to the
Development
City of Anaheim easements 53 -foot in width from the street
Services, Public
centerline of Euclid Street, 30 -foot in width from the street
Works Department
centerline of Fairhaven Street, 34 -foot in width from the street
centerline of Crescent Avenue, ultimate ROW corner cut-back from
the ultimate ROW of Euclid St. to the existing ROW of Westmont
Drive, ultimate ROW corner cut-back from the ultimate ROW of
Fairhaven St. to the existing ROW of Westmont Drive, ultimate
ROW corner cut-back from the ultimate ROW of Fairhaven St. to
the ultimate ROW of Crescent Ave., and the ultimate ROW corner
cut-back from the ultimate ROW of Crescent Ave. to the ultimate
ROW of Euclid St. for road, public utilities, and other public
purposes. Corner cut-offs shall be in compliance with the latest
version of Public Works Standard Detail 110-B based on the
ultimate curb locations.
3.
An improvement certificate shall be placed on the final map to
Development
indicate that all street improvements along Euclid Street, Crescent
Services, Public
Avenue, Fairhaven Street, and Westmont Drive per the latest
Works Department
version of Public Works Standard Detail 160-A at the time of
construction and as approved by the City Engineer shall be
constructed prior to final building and zoning inspections as directed
by the City Engineer for future building or grading site development
plans.
4.
An improvement certificate shall be placed on the final snap to
Development
indicate that all required public sewer and storm drain
Services, Public
improvements per the latest City requirements and standards at the
Works Department
time of construction and as approved by the City Engineer shall be
constructed prior to final building and zoning inspections as directed
by the City Engineer for future building or grading site development
plans.
-6- PC2017-053
-7- PC2017-053
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
5.
The legal property owner shall submit to Public Works,
Development
Development Services Division for review and approval of the
Services, Public
City Council, the Abandonment application and appraisal of
Works Department
certain Public Alley that is requested to be abandoned. The Public
Alley Abandonment shall be completed prior to recordation of the
Final Map. The existing public sewer line within the abandoned
alley shall be privately owned and maintained by the private
property owner.
6.
The legal property owner shall submit to the City for review and
Development
approval a Reciprocal Easement Agreement for the benefit of all
Services, Public
parcels for parking, access, ingress and egress, utility, and
Works Department
drainage purposes. The agreement shall be recorded prior to the
abandonment of the public alley. The Final Map shall reference
the recordation information of this agreement and of the
abandonment.
7.
A maintenance covenant shall be submitted to the Public Works,
Development
Development Services Division and approved by the City
Services, Public
Attorney's Office. The covenant shall include provisions for
Works Department
maintenance of private facilities and private utilities, including
compliance with an approved Water Quality Management Plan, if
any, and a maintenance exhibit. Maintenance responsibilities shall
include parkway landscaping and irrigation on Euclid Street,
Crescent Drive, Fairhaven Street, and Westmont Drive. The
covenant shall be recorded in the Office of the Orange County
Recorder concurrently with the final map.
8.
The developer shall post a Monumentation bond in an amount
Development
approved by the City Engineer and in a form approved by the City
Services, Public
Attorney.
Works Department
GENERAL CONDITIONS
9.
The applicant shall defend, indemnify, and hold harmless the City
Planning and
and its officials, officers, employees and agents (collectively
Building
referred to individually and collectively as "Indemnities") from
Department,
any and all claims, actions or proceedings brought against
Planning Services
Indemnities to attack, review, set aside, void, or annul the decision
Division
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
-7- PC2017-053
-8- PC2017-053
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
limitation attorneys" fees and other costs, liabilities and expenses
incurred by Indemnities in connection with such proceeding.
10.
Conditions of approval related to each of the timing milestones
Planning and
above shall be prominently displayed on plans submitted for
Building
pen -nits. For example, conditions of approval that are required to
Department,
be complied with prior to the issuance of building pen -nits shall be
Planning Services
provided on plans submitted for building plan check. This
Division
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.
11.
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of
Building
the issuance of the final invoice or prior to the issuance of building
Department,
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits
Planning Services
or may result in the revocation of the approval of this application.
Division
12.
The subject Property shall be developed substantially in
Planning and
accordance with plans and specifications submitted to the City of
Building
Anaheim by the applicant and which plans are on file with the
Department,
Planning Department, and as conditioned herein.
Planning Services
Division
-8- PC2017-053