Resolution-PC 2008-7•
RESOLUTION NO. PC2008-7
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING PREVIOUSLY APPROVED TENTATIVE PARCEL MAP NO. 2007-137
(TRACKING NO. SUBTPM 2007-00052)
(5410 EAST LA PALMA AVENUE)
WHEREAS, on June 11, 2007, the Planning Commission approved Tentative
Parcel Map No. 2007-137 to establish a 1-lot, 6 unit airspace attached industrial condominium
subdivision and Conditional Use Permit No. 2007-05211 to permit an automotive dealership in
an existing industrial building with waiver of minimum front yard setback requirements; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition to
amend a Tentative Parcel Map to establish a 1-lot, 11 unit airspace attached industrial
condominium subdivision for certain real property situated at 5410 East La Palma Avenue in the
City of Anaheim, County of Orange, State of California as more particularly described as
follows:
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62,
PAGE 7 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR
UNDER SAID LAND.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20.00
FEET OF PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A
MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, RECORDS OF
SAID ORANGE COUNTY.
PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT
PORTION OF PARCEL 2 IN THE CITY OF ANAHEIM, AS SHOWN ON
A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS, RECORDS OF
SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1, IN THE
CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE
7 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE SOUTH 0°03'21" EAST, 528.53 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
0°03'21" EAST, 41.42 FEET; THENCE SOUTH 89°52'31"WEST 41.42
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FEET; THENCE NORTH 44°55'05" EAST, 58.60 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 4:
THE PORTION OF LOT 4 OF TRACT NO.925, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK
29, PAGES 42 THRU 44 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, AND THAT PARCEL 2, AS SHOWN ON A
MAP FILED IN BOOK 24, PAGE 8 OF PARCEL MAPS, RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER A
STRIP OF LAND 20.00 FEET WIDE, THE WESTERLY LINE OF SAID
STRIP BEING A LINE PARALLEL WITH AND DISTANT WESTERLY
120.00 FEET, AS MEASURED AT RIGHT ANGLES FROM THE EAST
LINE OF SAID LOT 4, SAID PARALLEL LINE TO TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL 2; AS
SHOWN ON SAID PARCEL MAP; THE NORTHERLY LINE O SAID
STRIP BEING THE SOUTHERLY LINE OF LA PALMA AVENUE AS
DESCRIBED IN PARCEL NO. 140.01 OF DEED TO THE COUNTY OF
ORANGE, RECORDED SEPTEMBER 20, 1967 IN BOOK 8378, PAGE 737
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 7, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
tentative parcel map and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said 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, does find and determine the following facts:
1. That the proposed tentative parcel map, including its design and improvements, is
consistent with the Anaheim General Plan and the Northeast Area Specific Plan 94-1,
Development Area 2.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or
environmental damage.
3. That no one indicated their presence at said public hearing in opposition; and that
no letters were received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; and did find and determine pursuant
to the provisions of the California Environmental Quality Act ("CEQA"), based upon its
independent review and consideration of an Initial Study conducted pursuant to CEQA for the
proposal and the requirements of CEQA, including Section 21166 of the California Public
Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the
public hearing, that the previously approved Negative Declaration approved in connection with
Tentative Tract Map No. 2007-137 is adequate to serve as the required environmental
documentation for this proposal and satisfy all of the requirements of CEQA, and that no further
environmental documentation need be prepared for this tentative tract map.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition to amend Tentative Parcel Map No. 2007-137,
upon the following conditions hereby found to be a necessary prerequisite to the proposed use of
the subject property in order to preserve the health and safety of the Citizens of the City of
Anaheim:
COA/ Responsible for
MMP Conditions of Approval Monitoring
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COA 1 A maintenance covenant shall be submitted to the Subdivision Section and PW Dev Svcs
approved by the City Attorney's Office. The covenant shall include provisions for
maintenance of private facilities, and a maintenance exhibit. The covenant shall City Attorney
also include provisions for regular landscape maintenance, the removal of trash,
debris and graffiti within twenty-four (24) hours after it becomes located on the
Parcel, and the maintenance of reciprocal easements and parking areas, building
exteriors, signage and trash collection facilities. The covenant shall be recorded
concurrently with the final map.
COA 2 The final map shall be submitted to and approved by the City of Anaheim and the PW Dev Svcs
Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
COA 3 The developer or property owner shall record a use agreement satisfactory to the City Attorney
City Attorney's office for all parcels sharing fire protection equipment and
associated appurtenances.
COA 4 That the legal property owner shall execute a Subdivision Agreement, in a form PW Dev Svcs
approved by the City Attorney, to complete the required public improvements at
the legal property owner's expense. Said agreement shall be submitted to the City Attorney
Public Works Department, Engineering Division, Development Services to be
approved by the City Attorney and City Engineer and then recorded concurrently
with the final parcel map.
COA 5 All parcels shall be assigned street addresses by the Building Division. Planning
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COA/
MMP
Conditions of Approval Responsible for
Monitoring
COA 6 Abandonment of easements in conflict with proposed buildings is required prior to PW -Dev Svcs
issuance of a building permit.
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COA 7 That prior to the earlier of either the conveyance of the first industrial airspace PW -Dev Svcs
attached condominium unit ("Units") or the issuance of the temporary or
permanent "Certificate of Occupancy" for the first unit approved in connection
with Parcel Map 2007-137, applicant shall execute and record with the Orange
County Recorder a declaration of covenants, conditions and restrictions
("CC&Rs") satisfactory to the California Department of Real Estate creating
maintenance obligations, including compliance with the approved Water Quality
Management Plan, and to establish a financial mechanism or financial
mechanisms to maintain all of the building exteriors and improvements located on
the property except for (i) the Units which are owned by the individual owners and
(ii) any exclusive use easements or other areas designated for maintenance by the
individual owner of the Unit as specified in the CC&Rs.
BE IT FURTHER RESOLVED that the Anaheim 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 f nal 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 7, 2008. 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 Qouncil Resol~}tion in the event of an appeal.
CHAIRMAN,~AHEIM PL°A~NNING COMMISSION
ATTEST:
~ W
SENIOR S~RETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on January 7, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAI~I
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 23`~ day of
January, 2008.
SENIOR SE(~`RETARY, ANAHEIM PLANNING COMMISSION
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