Resolution-PC 2007-97. •
RESOLUTIONNO. PC2007-97
A RESOLUTION OF, THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMITNO. 2007-05227 BE GRANTED
,(1404 EAST KATELLA AVENUE - DEVELOPMENT AREA C)
WHEREAS, on November 8, 2005,; the City Councii approved Development Agreement Na
2005-00008 for the A-Town Metroproject in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the
City of Anaheim.
WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does
provide for the modification of setback requirements in connection with a conditional use permit provided that
minimum landscape requirements are met
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to modify the minimum structural setbacks to constructa mixed use development, including 166
residential condominium units and 15,275 square feet of commercial uses for certain real property situated in
the A-Town Metro project in The Platinum Triangle area of the City of Anaheim, County of Orange, State of :
California, described as
LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, `
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGM 10
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2007 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 conditional use permit, in
connection with Final Site Plan No. 2007-00006, and to investigate and make ~ndings 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 modification of minimum structural setbacks to construct a mixed use
development, including 166 residential condominium units and 15,275 square feet of commercial uses is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.
18.20.090.050.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposectproject is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
project with architecturally enhanced elevations and layered landscaping, and further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle
Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project has been
analyzed in a Traffic lmpact Analysis dated June 2005, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
Cr\PC2007-97 -1- PC2007-97
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5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim. :
6. That no one indicated their p[esence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Conditional Use Permit No: 2007-05227 - tomodify structural setbacks to
construct a mixed use development, including 166 residential condominium units and 15,275 square feet of
commercial uses; and did find and determine, by motion, pursuant, to theprovisions of the California
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial
Study/Addendum conducted pursuant to CEQA#or the Development Agreement, and the requirements of
CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA
Guidelines, and the evidence receivetl at the public hearing, that previously-certified F3EIR Na 332 and its
Addendum, together with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation
Monitoring Plan Na 138(C), are adequate to serve as the required environmental documentation'for this
Conditional Use Permitand satisfy all of:the requirements of CEQA, and that no further environmental
documentation ,need be prepared for this Conditional Use Permit.
NOW, THEREFORE, BE iT RESOLVEDthat the Anaheim Planning Commission does
hereby grant subject Petifion for Conditional Use Permit, upon the following conditions which are hereby '
found to be a necessary prerequisite to the proposed use of the subject property in order to presenre the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of buildinq permits the following condition shall be complied with:
1. That plans shaU indicate compliance with the building setbacks identified in Exhibit Nos. 61 through
69 of Final Site Plan No. 2007-00006.
General Conditions:
2. That the property owner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan Na
138(C) as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
3. That this Conditional Use Permit No. 2007-05227 is granted expressly conditioned upon approval of
Final Site Plan No. 2007-00006.
4. That subject property shall be developed substantially in accordance with Development Agreement
No. 2005-00008, and as conditioned herein.
5. That this conditional use permit shall be valid for a period of time coinciding with the timing set forth
in Development Agreement No. 2005-00008.
6. 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.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressty predicated upon appficanYs compliance with each and aU 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.
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AND BE IT FURTHER RESOLVED that the property owner/developer 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, `whichever occurs first. Failure to pay
aU charges shall resulf in delays in'the issuance of required permits or the revocation of the approval of this
apPlication,
THE FOREGOING RESOLUTIONwas adopted at the Planning Commission meeting of
August 20, 2007, 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.
CHAIRMAN P O TEMPO EIM P N MMISSION
ATTEST: -
~~,~s.rs.-_ -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 20, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
N WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007. ~
d,e.~ -~ i`~~~/L~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION