Resolution-PC 2015-082RESOLUTION NO. PC2015-082
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
TENTATIVE PARCEL MAP 2012-148
AND DETERMINING THAT A PREVIOUSLY -APPROVED
MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST
(DEV201 1 -011013)
(200-282 NORTH LEMON STREET, 107-127 WEST LINCOLN AVENUE AND
120 WEST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition to amend Tentative Parcel Map No.
2012-148, designated as Tentative Parcel Map No. 2012-148A, to modify conditions of approval
and reconfigure the location of the proposed apartment building for certain real property located
at 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street in
the City of Anaheim, County of Orange, State of California, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, Tentative Parcel Map No. 2012-148A is proposed in conjunction with a
proposed amendment to Conditional Use Permit No. 2012-05597, designated as Conditional Use
Permit No. 2012-05597A, and proposed Administrative Adjustment No. 2015-00370, to
reconfigure the location of the proposed apartment building and modify certain conditions of
approval. Tentative Parcel Map No. 2012-148A, Conditional Use Permit No. 2012-05597A and
Administrative Adjustment No. 2015-00370 shall be referred to herein collectively as the
"Proposed Project"; and
WHEREAS, on April 21, 2014 and subject to certain conditions of approval, the Planning
Commission adopted Resolution No. 2014-034 approving Conditional Use Permit No. 2012-
05597 (herein referred to as the "Original CUP") to permit the construction of a mixed-use project
on the Property consisting of 220 apartments and 18,000 square feet of commercial retail uses
(herein referred to as the "Original Project'); and
WHEREAS, on November 17, 2014 and subject to certain conditions of approval, the
Planning Commission adopted Resolution No. 2014-101 approving Tentative Parcel Map No.
2012-148 for the Property to consolidate six parcels into one parcel (herein refered to as the
"Original Map"). The conditions of approval which were the subject of the Original Map shall be
referred to herein as the "Previous Conditions of Approval"); and
WHEREAS, the Property is located in the "CG" General Commercial Zone and the
Mixed Use (MU) Overlay Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) and Chapter 18.32 (Mixed Use (MU) Overlay
Zone) of the Anaheim Municipal Code ("Code"). The Anaheim General Plan designates this
Property for Mixed Use land uses; and
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WHEREAS, by the adoption of its Resolution No. PC2014-034 on April 21, 2014, the
Planning Commission adopted a Mitigated Negative Declaration ("MND") and a Mitigation
Monitoring Program ("MMP") in connection with its approval of Conditional Use Permit No.
2012-05597 and Reclassification No. 2012-00248 for the Original Project; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Proposed Project will not create any additional environmental impacts
beyond those analyzed and addressed by the previously -approved MND and associated MMP,
and is therefore, exempt from the requirement to prepare additional environmental
documentation; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 19, 2015, 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 Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; 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 amend Tentative Parcel Map No. 2012-148, does find
and determine the following facts:
1. Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No.
2012-148A, including its design and improvements, is consistent with the Mixed Use land use
designation in the Anaheim General Plan and, the zoning and development standards of the "C-
G" General Commercial Zone and and the Mixed Use (MU) Overlay Zone contained in Chapter
18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the
Code; and
2. The site is physically suitable for the type and density of Tentative Parcel Map
No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, in conformance with the
development standards of the "CG" General Commercial and Mixed Use (MU) Overlay Zones;
and
3. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative
Parcel Map No. 2012-148A, is not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental
habitat has been identified in the vicinity; and
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4. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative
Parcel Map No. 2012-148A, or the type of improvements is not likely to cause serious public
health problems, as it is anticipated that the existing commercial building will be demolished and
replaced with multiple family residential buildings in conformance with the development
standards of the "CG" General Commercial and Mixed Use (MU) Overlay Zones; and
5. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative
Parcel Map No. 2012-148A, 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 proposed
subdivision.
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 detract from 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 the Planning Commission, for the reasons
stated hereinabove, does hereby approve Tentative Parcel Map No. 2012-148A, contingent upon
and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated
herein by this reference (herein referred to as the "Revised Conditions of Approval"). All
references to the conditions of approval for the Original Map shall be to the Revised Conditions
of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original
Map, as amended by Tentative Parcel Map No. 2012-148A. Said Revised Conditions of
Approval 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(s), (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 to Permit
Approval) and 18.60.200 (City -Initiated 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 Revised Conditions of Approval. Shouldthe Revised Conditions of
Approval, or any part thereof, be declared invalid or unenforceable by a final judgment of any
court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall
be deemed null and void.
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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 October 19, 2015. 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.
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CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 October 19, 2015, by the following vote of the members thereof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
01
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2011-00110B
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2012-148A
(DEV2011-00110A)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO
RECORDATION OF PARCEL MAP
1
Prior to final map approval, the property owner and City shall execute a
Public Works,
Put Option, Purchase Agreement and Joint Escrow Instructions
Development Services
("Agreement") with provisions acceptable to the Director of Public
Works; this Agreement will require the developer to purchase certain
Remnant Parcels (as such term is defined in the Agreement) following
installation of new public right-of-way improvements upon the City's
discretionary exercise of the Put Option (as such term is defined in the
Agreement). The Agreement is subject to approval by the Anaheim
City Council. In the event that the Anaheim City Council rejects the
Agreement, this condition shall be of no further force and effect and
shall not be a condition to final map approval.
2
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim an easement for street, public utility and other public purposes
Development Services
for the widening of Cypress Street and Lemon Street to their ultimate
right-of-way width of 30 feet and 28.75 feet from the street centerlines,
respectively.
3
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works,
approved by the City Attorney's office. The covenant shall include
Development Services
provisions for maintenance of private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance exhibit.
Maintenance responsibilities shall include parkway landscaping and
irrigation on Anaheim Blvd, Lincoln Avenue, Lemon Street and Cypress
Street. The covenant shall be recorded concurrently with the final map.
4
Street improvement plans shall be submitted for all required public
Public Works,
works improvements; including traffic signal and related improvements,
Development Services
striping, storm drain, sewer, landscape and irrigation improvements, in
Lincoln Avenue, Lemon Street, Anaheim Blvd and Cypress Street to the
Public Works Department/Development Services. A bond shall be
posted in an amount approved by the City Engineer and in a form
approved by the City Attorney prior to final map approval. The
improvements shall be constructed prior to final building and zoning
inspections.
5
The property owner shall execute a Subdivision Agreement, in a form
Public Works,
approved by the City Attorney, to complete the required public
Development Services
improvements at the legal property owner's expense. Said agreement
shall be submitted to the Public Works Department, Subdivision Section
approved by the City Attorney and City Engineer.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6
All parcels shall be assigned street addresses by the Building Division.
Public Works,
Development Services
7
All existing structures shall be demolished. The developer shall obtain a
Public Works,
demolition permit from the Building Division.
Development Services
GENERAL
8
The Parcel Map shall be submitted to and approved by the City of
Planning and Building
Anaheim and the Orange County Surveyor and then shall be filed in the
Department,
Office of the Orange County Recorder.
Planning Services
Division
9
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
and as conditioned herein.
Planning Services
Division
10
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
actions or proceedings brought against Indemnitees to attack, review,
Planning Services
set aside, void, or annul the decision of the Indemnitees concerning this
Division
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.
11
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 permits
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
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