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Resolution-PC 2023-031RESOLUTION NO. PC2023-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING ITS RESOLUTION NO. PC2023-009, NUNC PRO TUNC, TO CORRECT A CLERICAL ERROR IN SAID RESOLUTION (DEV2021-00186) (1226 - 1228 SOUTH OLIVE STREET AND 501— 529 EAST JULIANNA STREET) WHEREAS, on April 10, 2023, by the adoption of its Resolution No. PC2023-009, the Planning Commission of the City of Anaheim (the "Planning Commission") approved Tentative Parcel Map No. 19171 to consolidate five parcels into one parcel for that certain real property located at 1226 — 1228 North Olive Street and 501 — 529 East Julianna 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, subsequent to the adoption of Resolution No. PC2023-009, it has been discovered that Tentative Parcel Map No. 19171 identified in the staff report and resolution for the project DEV2021-00186 approved by the Planning Commission on April 10, 2023, is the incorrect parcel map number for the Property. The project was initially submitted to the City for approval of Tentative Tract Map No. 19171. Subsequently, the applicant revised the project scope to a request a tentative parcel map to consolidate five parcels into one proposed parcel and was issued Tentative Parcel Map No. 2021-200 by the County of Orange. Staff made a clerical error when drafting the staff report and resolution by including the previously issued tentative tract map number and not the new tentative parcel map number; and WHEREAS, the Planning Commission now desires and intends to amend its Resolution No. PC2023-009, nunc pro tunc; that is, to now correct said clerical error that, upon adoption of this Resolution, will have the same legal force and effect as if made at the time when it should have been made, i. e., upon the adoption of Resolution No. PC2023-009 on April 10, 2023; and WHEREAS, the Planning Commission has inherent authority to amend its resolutions under these circumstances, which will have retroactive legal effect upon the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: 1. To cure the clerical error made in the assignment of an incorrect number to Tentative Parcel Map No. 19171, all references contained in Resolution No. PC2023-009 to "Tentative Parcel Map No. 19171" shall be to "Tentative Parcel Map No. 2021-200", nunc pro tunc; that is, having retroactive legal effect as of the adoption of Resolution No. PC2023-009 on April 10, 2023. 2. Except as expressly amended herein, the provisions of Resolution No. PC2023-009 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at Planning Commission meeting of December 4, 2023. CHA PERSON, PLA G CCM FISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 2 - PC2023-031 EXHIBIT "A" DEV NO.2021-00186 APN: 035-020-55 035-020-56 E COMMERCIAL ST 267-071-03 035-020-59 692' 035-020-59 m E SALSAM� AVE—\ N 300` io M 516' E JULIANNA ST in QUj 111' 2 � m � � z d Z 0 Z n so 100 Source: Recorded Tract Maps and/or City GIS. FLO Please note the accuracy is +I- two to five feet. PC2023-031 EXHIBIT "B" DEV2021-00186 RESOLUTION NO. PC2023R-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2021- 200 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00186) (1226 -1228 SOUTH OLIVE STREET AND 501— 529 EAST JULIANNA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2021-200 to consolidate five parcels into one parcel (the "Proposed Project") for that certain real property located at 1226 - 1228 North Olive Street and 501 — 529 East Julianna 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 Property is approximately 17.13 acres and is currently developed with a beverage manufacturing facility. The property is designated for Industrial land uses in the General Plan. The property is also located in the "I" Industrial Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Zoning Code (the "Code"); and, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 10, 2023, at 5:00 p.m., with 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 Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15061 (b)(3) — Common Sense Exemption. The request consists of a consolidation of five existing contiguous parcels into one proposed parcel with no physical expansion or construction as part of the request. This request will not affect the adjoining land uses, is not anticipated to cause any detriment to the health and safety of the particular area and would not impose an undue burden upon the roadways. There are no unusual circumstances with respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is 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 consolidation of lots, does find and determine the following facts: That the proposed map is consistent with the General Plan of the City of Anaheim, and more specifically with the "Industrial" land use designation. The proposed tentative parcel map includes consolidating five existing parcels into one parcel. The proposed map is consistent with the Industrial General Plan designation as the property is zoned for Industrial uses and developed with a manufacturing use. The design of the subdivision is consistent with the General Plan as no improvements are proposed on the property. 2. That the design or improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the type of development and density of the project as it is developed with a use permitted in the Industrial Zone. 4. That the site is physically suitable for the proposed density of the project as now new construction or density is proposed and it is developed with a use permitted in the Industrial Zone. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no new construction is proposed. 6. That the design of the subdivision or type of improvements are not likely to cause serious public health problems as no new construction or changes to the use are proposed. 7. That 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 propose subdivision as no new construction or changes to the project site are proposed and the parcel map is conditioned upon review and approval by the City Engineer and the Orange County Surveyor and shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits; and WHEREAS, the Planning Commission determines 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 negate 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 pursuant to the above findings, this Planning Commission does hereby approve Tentative Parcel Map No. 2021-200, subject to and contingent upon the conditions of approval described in Exhibit B attached hereto and incorporated - 2 - PC2023-* * * 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. 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 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 April 10, 2023. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2023-*** EXHIBIT "A" DEV NO. 2021-00186 71771 APN: 035-020-55 035-020-56 E COMMERCIAL ST 267-071-03 035-020-59 u92' 035-020-59 z ti E 8 LSAMI -G N 300' ED 516' E JULIANNA ST co � H Q z 111' Z ca H Q Q > z a i Z O Z - r a so 10. Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. PC2023-* * * EXHIBIT "B" TENTATIVE PARCEL MAP NO.2021-200 (DEV2021-00186) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO PARCEL AW VAA 1 Prior to approval of the final parcel map, the applicant shall record a Planning and Building covenant to hold the property as one for the purposes of future Department, Planning development, in a form approved by the City Attorney's Office. Services Division 2 Dedicate corner cutoff at the southeast corner of Commercial Street Public Works and Olive Street. Department, Development Services Division 3 The developer shall submit improvement plans and cost estimate for Public Works the construction of required public improvements at the southeast corner of Olive Street and Commercial Street to the Public Works Department, Development Services Division for review, approval, and to Development Services determine the required deposit amount. Improvements shall conform Division to the City Standards and as approved by the City Engineer. PRIOR TO MAP REC'ORDA TI-ON The legal property owner/developer shall irrevocably offer to dedicate to the City of Anaheim, for road, public utilities and other public purposes, the right-of-way easements at the following location: Public Works 4 a) Corner cutback at the southeast corner of southeast Department, corner of Commercial Street and Olive Street per City Development Services Standards and as shown on TPM2021-200. Division b) 30 feet dedication along the property frontage of Pauline Street to achieve the ultimate half street width of 30 feet from street centerline, as shown on TPM2021-200. The developer shall design and submit improvement plans and cost estimate for the construction of required public improvements at the Public Works 5 southeast corner of Olive Street and Commercial Street to the Public Department, Works Development Services Division for review, approval, and to Development Services determine the required deposit amount. Improvements shall Division conform to the City Standards and as approved by the City Engineer. PC2023R-009 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT The parcel map shall be submitted to the City of Anaheim, Public Public Works Department, 6 Works Development Services Division and to the Orange County Development Services Surveyor for technical correctness review and approval. Division The applicant shall submit security in an amount acceptable to the Public Works 7 City Engineer to guarantee construction of the public improvements Department, required herein. Security deposit shall be in accordance to City of Development Services Anaheim Municipal Code. Division Public Works 8 Provide a Monumentation bond in an amount specified in writing by Department, a Licensed Land Surveyor of Record. Development Services Division Public Works 9 Comply with all applicable requirements of the Anaheim Municipal Department, Code. Development Services Division ONGOING D17RING PROJECT OPERATIONS 10 That ongoing during project operations, vehicle deliveries including Public Works loading and unloading shall be performed on site. Delivery vehicles ` Department, shall not block any part of the public right of way. - Traffic Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION Public Works All public improvements shall be constructed by the Department, 11 owner/developer, inspected and accepted by Construction Services Development Services prior to final building and zoning inspection. Division Public Works 12 All remaining fees/deposits required by Public Works department Department, must be paid in full. Development Services Division Set all Monuments in accordance with the parcel map and submit all Public Works 13 centerline ties to The Public Works Department. Any monuments Department, damaged during construction shall be reset to the satisfaction of the Development Services City Engineer. Division PC2023R-009 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Public Works 14 Record Drawings Plans shall be submitted for review and approval Department, to the Department of Public Works, Development Services Division. p p Development Services Division GENERAL AM MMM- 15 The Applicant/Owner shall defend, indemnify, and hold harmless planning and Building the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any Department, and all claims, actions or proceedings brought against Indemnitees planning Services to attack, review, set aside, void, or annul the decision of the Division Indemnitees 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 16 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Plan Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 17 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department. Planning Services Division PC2023R-009 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM } I, Heather Flores, 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 April 10, 2023, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: I:f:&I11B 4Is)SIUV16X 11)ill IatXII IN WITNESS WHEREOF, I have hereunto set my hand this 10t' day of April, 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023R-009 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, 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 December 4, 2023, by the following vote of the members thereof: AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez, Tran-Martin, and Walker NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this O day of December 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-031