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Resolution-PC 2009-079RESOLUTION NO. PC2009-079 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 15 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2009-121 (3400 EAST MIRALOMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Tentative Parcel Map to establish a 3-lot industrial subdivision, for certain real property situated in tlae City of Anaheim, County of Orange, State of Califomia, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the 6.5-acre property is cunently vacant and is ]ocated in the SP 94- 1, D.A. 2 zone (Northeast Area Specific Plan; Expanded Industrial Area) and the General Plan designates this 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 September 14, 2009, 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 "Procedures", to hear and consider evidence for and against said proposed tentarive parcel map and to investigate and make findings and recommendations in connection therewith; and WfIEREAS, 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. The proposed subdivision, including its design and improvements, is consistent with the Industria] land use designation in the Anaheim General Plan and the development standards contained in the Northeast Area Specific Plan, Development Area 2(Expanded Indush-ial Area). 2. That the site is physically suitable for the type and density of the proposed industrial subdivision. 3. 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 the site is currently vacant and no sensitive environmental habitat has been identified. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is cunently vacant and three industrial buildings will be conshucted on the property in eompliance with Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access tku'ough or use of property within the proposed subdivision. -1- PC2009-079 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a Class 15 Categorical Exemption in connection with Tentative Parcel Map 2009-121 is adequate to serve as tlie required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Tentative Parcel Map 2009-121 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim City 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. Shonld 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application withSn 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 14, 2009. 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/Che event of an appeal. CHAIItMAN,I~N~P.I-IEIM CI'~Y ~LANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2009-079 STATE OF CALIFORNIA ) COLINTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanox Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 14, 2009 by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 14`h day of September, 2009. ~r~- ~~---= SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2009-079 EXFIIBIT ~~A~~ TENTATIVE PARCEL MAP NO. 2009-121 EM oMPPVE ~ f P~j~NEj\cS~PV -4- PC2009-079 e s,o Source: Recorded Trad Maps and/or City GIS. ~~ ~ ~~ Please note fhe accurecy is+/-two to five feet. F-<c 10818 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2009-121 RESPONSIBLE FOR NO CONDITIONS OF APPROVAL iVIO1VITORING ' PRIOR TO FINAL MAP APPROVAL i An unsubordinated restricted covenant providing reciprocal Planning access and parking approved by the Planning Services Division in a form satisfactory to the City Attorney shall be ' recorded with the Office of the Orange County Recorder. A copy of the 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 Public Public Works - Works Department, Development Services Division and Development approved by the City Attomey's office. The covenant shall Services include provisions for maintenance of private faciliries, including compliance with approved Water Quality Management Plan, and a maintenance eachibit. The covenant shall be recorded concurrently with the final map. 3 An improvement bond shall be posted to guarantee that public Public Works - ' parkways and sidewalks aze improved per Public Works Development Standard Detail 160-A and as approved by the City Engineer. Services 4 Sanitary sewers and storm drains for this development shall be Public Works - privately maintained. Development Services 5 A conformed copy of the recorded agreement to record Public Works - easement deeds shall be submitted for the following: Development ^ Prior to selling Parcel l, an easement over Parcel 1 for Services ingress and egress and drainage in favor of Parcels 2 and 3; ~ Prior to selling Parcel 3, an easement over Parcel 3 for ingress and egress in favor of Parcels 1 and 2. 6 The final map shall be submitted to the City of Anaheim Public Works -' Department of Public Works and the Orange County Surveyor Development for technical review and verified that all applicable conditions Services of approval have been complied with and then shall be ' recorded in the Office of the Orange County Recorder. -5- PC2009-079 7 All parcels shall be assigned street addresses by the Building Division. Building GENERAL CONDITIONS 8 Subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the ' City of Anaheim by the petitioner and which plans are on file with the Planning Department marked E~chibit No. 1 (Tentative Parcel Map), and as conditioned herein. -6- PC2009-079