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Resolution-PC 2010-005RESOLUTION NO. PC2010 -005 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 -139 (DEV 2009 00095) (1155 1199 EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Tentative Parcel Map to establish a 2 -lot commercial subdivision, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the 1.6 -acre property is developed with two restaurants, one on each proposed parcel, and is located in the C -G zone (General Commercial) zone and the General Plan designates this property for Corridor- Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 2010, at 3:30 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 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 subdivision, including its design and existing improvements, is consistent with the Anaheim General Plan and the development standards contained in the C -G zone. 2. That the site is physically suitable for the type and density of the proposed commercial subdivision. 3. That the existing layout 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. That the design of the subdivision and existing improvements are not likely to cause serious public health problems, as the site is currently developed with two restaurants (one on each parcel) and no construction is proposed in association with this subdivision request. 5. That the existing design of the subdivision and existing improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. -1- PC2010 -005 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 -139 is adequate to serve as the 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 -139 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. 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. 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 17, 2010 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 th vent of an appeal. AI'1.EST: (f CHAIRMAN,ONAIITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2010 -005 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior 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 February 17, 2010 by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of February, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC201.0 -005 AP N: 072 140 -72 072 140-71 OTE W ROMNEYA DR 23.15' EXHIBIT "A" DEV2009 -00995 0 N 134` 136' W GLEN AVE C W ROMNEYA DR er r W CUTTER RD L Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +1- two to five feet. 10897 -4- PC2010 -005 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2009-139 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map), and as conditioned herein. 2 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- PC2010 -005