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Resolution-PC 2008-31• • RESOLUTION NO. PC2008-31 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING FINAL SITE PLAN NO. 2007-00010 (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Final Site Plan for certain real property situated in The Anaheim Resort area of 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; and WHEREAS, Final Site Plan No. 2007-00010 is proposed in connection with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Tentative Tract Map No. 17219 and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 102-room hotel on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Final Site Plan No. 2007-00010 is proposed to provide for the development of the 102-room hotel with 14,714 square feet of accessory uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, 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, to hear and consider evidence for and against said proposed project actions, including Final Site Plan No. 2007- 00010, and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; 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 request to develop a 102-room hotel with accessory commercial uses on the western 1.5-acre portion of the project site complies with the Anaheim Resort Specific Plan (SP92- 2) requirements including zoning and development standards and the Anaheim Resort Design Plan. 2. That the hotel project is proposed as part of a mixed use project consisting of the hotel on the western 1.5-acre portion of the project site and a 191-unit condominium complex on the eastern 3.3-acre portion of the project site and that the mixed use project has been appropriately designed to promote increased pedestrian activity, efficient internal pedestrian and vehicular circulation, and recreational activity for both visitors and residents. Moreover, the project has been designed to ensure that the hotel and condominium buildings are well articulated, adequate privacy and light is provided for the residential units, and that the hotel fagade would have an attractive appearance from Harbor Boulevard to achieve a good project designed to preserve and enhance The Anaheim Resort. _ 1_ PC2008-31 • • 3. That no one indicated their presence at said public hearing in opposition; that one email message was submitted with concerns about building height and lighting; and that no letters were received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 154 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Final Site Plan No. 2007-00010, unconditionally, and which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. 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, prior to the issuance of building permits or commencement of activity 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 RESOLUTION was adopted at the Planning Commission meeting of February 20, 2008. 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. CHA A~ , ANAHEI ANNING COMMISSION ATTEST: ARY, ANAHEIM PLANNING COMMISSION _2_ PC2008-31 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 February 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of March, 2008. ~~ c SENIO~'SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-31 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAP 80- 238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSIVERIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIlZCULATION OF TRASH TRUCKS AND VEHICLES. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT NO. 20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO.00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. _4_ PC2008-31