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Resolution-PC 2011-030RESOLUTION NO. PC2011 -030 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY- CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 WILL SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2010 -152 (DEV2010- 00188) (200 -300 NORTH BEACH BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for a tentative parcel map to establish an 11 -lot commercial subdivision to permit the construction of a future shopping center for certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is zoned C -G (General Commercial) and RM -4 (Multiple - Family Residential with a resolution of intent to C -G) and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 28, 2011, at 5:00 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 the Commission continued this item from the February 28, March 14, and March 28, 2011 meetings; 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, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the Regional Commercial land use designation in the Anaheim General Plan and the development standards contained in the C -G (General Commercial) zone. 2. That the site is physically suitable for the type and density of the proposed commercial subdivision. 3. That 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. - 1 PC2011 -030 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently vacant and any new construction will be in compliance with Code requirements. WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Redevelopment Project Area in 1998. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002- 04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified significant impacts. Therefore, the previously- certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the required environmental documentation for the proposed project actions. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2010 -152 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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 (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. 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 Anaheim Municipal Zoning 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. 2 PC2011 -030 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 issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUT • ► wa adopted at the Plannniing Commission meeting of April 11, 2011. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, AI\tAHEIM CITY PLANNING COMMISSION I, Eleanor 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 April 11, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of April, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -030 APNs: 258- 021 -28 258- 031 -01 258 - 011 -31 258 - 011 -27 / 1258-011-17 Y M-1 138' o sa ieo Feet 301' 258 - 011 -25 258 - 011 -24 258 - 011 -29 258 - 011 -23 258 - 011 -21 46' EXHIBIT "A" DE V2010 -00188 BUENA PARK R K CITY Y �LI MITS 1 ANAHEIM CITY LIMITS 479' W LINCOLN AVE 4- DRACAENA DR 995' 151' ao O CA VV BRISTOL DR 6' (.0 ti rn 334' o — c co 5 Source: Recorded T act Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11069 PC2011 -030 NO. CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL 1 2 3 4 5 6 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2010-152 (DEV2010- 00188) The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. An unsubordinated restricted covenant providing reciprocal access and parking, approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. The legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for large meters and other public water facilities. The property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. Any existing easements that will not be used for the proposed development shall be abandoned. Any such abandonments shall be approved by the Public Works Department, Development Services Division. The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement sixty (60) feet in width from the street centerline of Lincoln Avenue for road, public utility, and other public purposes. -5 REVIEW BY Public Works, Development Services Planning Public Utilities, Water Engineering Public Utilities, Electrical Engineering Public Works, Development Services Public Works, Development Services SIGNED OFF BY PC2011 -030 NO. CONDITIONS OF APPROVAL 7 8 9 10 11 The developer shall prepare plans, obtain a Right -of -Way Construction permit from the Public Works Department, Development Services Division and complete improvements, as required by the City Engineer, prior to final building and zoning inspections. A maintenance covenant shall be submitted to the Public Works Department, Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities and a maintenance exhibit. The covenant shall be recorded concurrently with the final map at the Office of the Orange County Clerk Recorder. Vehicular access rights to Lincoln Avenue shall be relinquished to the City of Anaheim except at approved access points as determined by the City Engineer. A Save Harmless in Lieu of Encroachment Agreement for the connection of any private storm drains to a public storm drain must be executed and recorded prior to approval of the grading plan. The sanitary sewers and storm drains for this development shall be privately maintained. 12 The subject property shall be developed substantially in 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 Exhibit No. 1 (Parcel Map) as conditioned herein. 6 REVIEW BY Public Works, Development Services Public Works, Development Services Public Works, Development Services Public Works, Development Services Public Works, Development Services Planning SIGNED OFF BY PC2011 -030