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Resolution-PC 2008-71RESOLUTION NO. PC2008-71 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROViNG TENTATIVE PARCEL MAP NO. 2007-232 (APN NO. 035-010-80) ~ WI-IEREAS, the Analieim Planning Commission did receive an applicaYion for Tentative Parcel Map No. 2007-232 for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated hereiai by tl3is reference; WHEREAS, flie Zoning Administrator did hold a public hearing at flie Civic Center in the CiYy of Anaheim on March 3, 2008, at 930 a.m., notice of said public hearing having been duly given as required by law and in acwrdance with the provisions of tl~e Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tenYaYtive parcel map to subdivide the subject property into three parcels and to investigate and make findings and recommendations in comiection therewith; and, at said meeting, refened the proposed tentative parcel map to tlle Planning Commission for coiisideration at a puUlic hearing; and WHEREAS, the Planning Commission did hold a public hearing at the Civic CenYer in the City of?.nal~eim on March 3, 2008, at 2:30 p.m., notice of said public hearing liavin~ Ueen duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to l~ear and consider evidence for and against said proposed tentative parcel map to subdivide the property into three parcels and to investigate and make fndiiags and recommendations in conneation therewiCh; aild at said meeYing, Yhe Planning Commission, by motion, approved Clie wiYhdrawal of the request at tl~e applicanYs request; and WHEREAS, on May 27, 2008, the applieant resubmitted the application for TentaYive Parcel Map No. 2007-232 to subdivide the property into three parcels; and WHEREAS, the Planning Conmlission did hold a public hearing at the Civic Center in the City of Anaheim on June 23, 2008, at 230 p.m., notice of said piiblic hearing having been duly given as required by law and in accordance with tlie provisions of Che Anal~eiin Municipal Code, Chapter 18.60 "Procedures", to liear and consider evidence for and against said proposed tentative parcel map and to invesYigate and make findiirgs and recommendations in connecCion tlierewitl~; and said public hearing was contimied by the Plaruling Com~nission to August 4, 2008, to consider a revised request to subdivide tlie property into five parcels; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its Uehalf, and afrer due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: - 1 - PC2008-71 That tlze proposed subdivision is consistenC with the General Plan Industrial land use designation and the property is located in tlie Industrial (I) zone. 2. T13at the desigi~ or iu~provement of the proposed subdivision is consistenC with tlie City of Anaheim General Plan. 3. Tl~at flie site is physically suitable for Yhe propased subdivision. 4. Tliat the site is physically suitable for the proposed density of development. 5. That tl~e design of Yhe subdivision or the proposed in~provements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or tlleir habitat. That the design of the subdivision or the type oP improvements is not lilcely to cause serious piiblic health problems. That the design of tlle subdivision or the type of improvements will noC conflict with easements, acquired by the public at large, for access tlu-ough or use of properCy witl~iii the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that tlie Anaheim Planning Comn~ission l~as reviewed the proposal and does hereby find that tl~e NegaCive Declaration is adequaCe ko serve as the required environmental documentatioai in coni~ection witU this request. NOW, THEREFORE, BE IT FURTHER RESOLVED t1~aY the Analaeim Plamling Commission does hereUy approve Tentative Parcel Map No. 2007-232 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporaYed by fliis rePerence which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safeCy and general welfare oF tlie Citizens of Yhe City of Araaheim. BE IT FURTHER RESOLVED that the Anaheim Plaiming Commission does hereby find and deterniine that adoption of this Resolution is expressly predicated upon applicant's compliance with eacli and all of the conditions hereinabove seY forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any conrt of competent jurisdicYion, tl~en Yhis Resolution, and any approvals hezein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all cl~arges related to tlie processing of Y1us discretipnary case application wifliui 15 days of the issuance oFthe final invoice or final map recordation, whichever occurs first. Failtiire to pay all cl~arges shall resulk in delays in the issuance of required permiYs or the revocation of the approval of this applicatio3a. _ 2 - PC2008-71 THE FOREGOING RESOLUTION ~vas adopted aY the Planning Coinmission meeting of Atigust 4, 2008. Said resolution is subjeet to tlie appeal provisions set fortli in Cl~apter 18.60 "Procedures" oFthe Anaheim Municipal Code pertaining to appeal procedures aiid may be replaced by a City Council Resolution in the event of an appeal. J~ ~ CHA~~ N, A AHEIM P A (~ COMMISSION ATTEST: SECRETARY, ANAHEIM PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do l~ereby certify tlaat the foregoing resolufion was passed and adopYed at a meetiiag of the Anaheim Planning Commission held on August 4, 2008. AYES: COMMTSSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ROMERO NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: EASTMAN, RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this l l~~ay oP At~gust, 2008. SECRETARY, ANAHEIM PLANNING COMMISSION _ 3 _ PC2008-71 ~~~ ~~~~~~~' o i0 ~ ~"0~ q~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Source: Recorded Tract Maps andlor City GIS. ~`LY~ Please note fhe acwracy is +/- two to flve feel. ~ Subject Property Tentative Parcel Map No. 2007-232 APN 035-010-80 ~ 1055fi - 4 - PC2008-71 i i~ v LA PALMA AVENUE EXHIBIT "B" TENTATNE PARCEL MAP NO. 2007-232 No. Conditions of Approval Responsible for Monitoring PRIOR TO APPROVAL OF FINAL PARCEL MAP That vehicular access rights Yo Kemp Street for Parcels 4 and 5 shall be released and relinquished to tUe City ofAnaheim on the final map. An agreemenY shall be submitted prolubiting any driveways and/or access 1 easements on Kemp StreeY for vehicular access for Parcels 4 and 5 p~iblic Works tlvough land coniprising Parcels 1, 2 or 3. Said agreement shall Ue submitfed to the Public Works Deparhnent, Development Services, approved by Yhe City Attomey and City Engineer and then recorded concurrently with the final parcel map. That an agreement shall be submitted resCricring tl~e aUiliCy for a Lot Line Adjustment to Ue approved to merge Parcels 3 and 4. Said Z agreement shall be submitted to the Piibltic VVorks Dapartment, Public Worlcs Development Services, approved by the City Attorney and City Engineer and tl~en recorded concunently with Yhe final parcel map. Tliat an agreement sliall Ue suUmitted restricting tlie ability for a Lot Line Adjustment to merge parcels in tlze indListrial par]< to the north wiYh either Paraels 2 or 3. The inYent is to e~sLire veiaicles from the 3 industrial park to the norCl~ will not l~ave any vehicular access to Kemp Public Works Sireet. Said agreemant shall be suUmiYted to tl~e Piiblic Works Department, Development Services, approved by the City Attomey and City Engineer and then recorded conctirrently with the final ~arcel map. That an agreement sl~all be submitted restricting veluculaz access ~or Parcels i, 2 and 3 to either the indush-ial parle to the north or Kemp SCreet, but not both. Said agreemant shall be s~ibn~itted to tl~e Public 4 Works Deparhnent, Development Services, approved by the City Public Woflcs Attomey and City Engineer and then recorded concurrently witli tlie final parcel map. Emergency vehicles sha11 be exempt from limited access. That if Parcel 2 shall use ICemp Street for vehicular access, Parcel 1 u~d/or Parcel 3 shall provide an access easement in favor af Parcel 2 to 5 provide vehicular access. Said easement shall provide access rights to Publac Works ICemp Street and shall be recorded concune»tly with the final parcel map. Tl~at tl~e legal property owner shall irrevocably offer to dedicate Yo the 6 City of Anaheim an easement Por road and public utility purposes 38 Public Works feet from the centerline of Patt Street. - 5 - PC2008-71 That khe legal property owRer sl~al] irrevocably offer Co dedicate to the City of Anaheim a ten (10) foot wide easement for road and public 7 uYilitypurposes from the existing right-of-way of Kemp Street. The PLiblic Worlcs cul-de-sac of Kemp StreeC shall be dedicated consistent witU Public Worlcs Standard No. 166. That a final map shall be submitted to and approved by the City of $ Anal~eim and tlie Orange County Surveyor, and shall then be recorded public Works in the Office of the Orange CoLmty Recorder. A reciprocal access agreement shall Ue recorded concurrently witl~ the final pazcel map. That the legal properCy owuer shall execute a Subdivision Agreement, in a fonn approved by the CiYy Attorney, to complete the 9 req~iired public improvements at tl~e legal property owner's expense. public Worlcs Said agreement shall be submitEed Co the Public Works Department, Development Services, approved by the CiYy Attomey and City Engineer and then recorded concurrently with the final parcel map. 10 That all parcels sliall be assigned street addresses by Yhe Building plamiing Division. That the final ma~ st~ail be recorded wiYhin a period of two (2) years ~ 1 from the date of t11is resohrtion. Extensions for further time to planning compleYe said condiCions n3ay be granted in accordance with Section 18.03.090 of the Pmaheim Mwzicipal Code. ThaC timivg far compliance with conditions of approval inay be amended by the Planning Director upon a sliowing of good cause provided (i) eq~iivalent riming is established that satisfies the original 12 intent and piupase of flie condition(s), (ii) the modificarion complies Plaruiing with the Anaheim Municipal Code and (iii) the applica~it has demQnstrated sigiificant progress Yoward esYablishment of Yhe use or approved struchire. That subject property shall be developed substantially in accordance 13 ~'ith plans and specifications submitted to the City of Anaheim by the plamting petiCioner and wliich plans are on file ~viCl~ tlTe Planning Department marlced Exl~ibit No. 1, and as conditioned l~erein. That approval af this application eonstitutes approval of tl~e proposed request only to the extent that is complies with the Analleim ~4 Municipal Zoning Code uid any otl~er applicable City, StaYe and plantiing 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. - 6 - PC2008-71