Resolution-PC 2008-32
RESOLUTION NO. PC2008-32
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE PARCEL MAP NO. 2007-163 BE GRANTED
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Tentative Parcel Map No. 2007-163 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, Tentative Parcel Map No. 2007-163 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, Final Site Plan No. 2007-
00010 and Tentative Tract Map No. 17219 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, Tentative Parcel Map No. 2007-163 is proposed to establish a 2-lot
subdivision to separate the commercial and residential land uses to develop a 102-room hotel on the
western 1.5-acre portion of the subject property and a 191-unit condominium complex on the
eastern 3.3-acre portion of the subject property; 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 Tentative Parcel Map No.
2007-163, 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 proposed tentative parcel map, including its design and improvements, is
consistent with the Commercial Recreation land use designation for the western 1.5-acre portion of
the subject property and the proposed Mixed Use land use designation in the General Plan pursuant
to General Plan Amendment No. 2007-00462, now pending, and proposed Mixed Use Overlay
(RM-4 (MU) Overlay) zoning pursuant to Reclassification No. 2007-00210, now pending, for the
eastern 3.3-acre portion of the subject property.
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2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or environmental
damage.
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 grant subject Petition for Tentative Parcel Map; and, upon the conditions attached
hereto as Exhibit "B" and incorporated herein 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 and
safety of the Citizens of the City of Anaheim:
BE IT FURTHER RESOLVED that the Anaheim 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 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 approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
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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, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and maybe replaced by a City Council Resolution in tl~,e event of an appeal.
CHAIl~MAN~ANAHEIM P~/ANNING COMMISSION
A
SECRETARY, ANAHEIM PLANNING COMMISSION
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 3~d day of
March, 2008.
SENI(1R SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 79-279, A5 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-
EXCLUSIVE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE
PURPOSE OF CIRCULATION 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.
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EXHIBIT "B"
TENTATIVE PARCEL MAP N0.2007-163
Conditions of Approval
COA/ Responsible for
MMP Conditions of Approval Monitoring
TIMING: PRIOR ?'O APPROYALe OF FINAL PARCEL MAP
COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved by PW -
the City Attorney, to complete the required public improvements at the legal property Development
owner's expense. Said agreement shall be submitted to the Public Works Services
Department/Development Services Division approved by the City Attorney and City
Engineer and then recorded concurrently with the Final Parcel Map.
COA 2 That property owner/developer shall be responsible for ensuring that all existing Building
structures within the boundaries of the Final Parcel Map shall be demolished. The PW -Sanitation
property owner/developer shall obtain a demolition permit from the Building Division
of the Planning Department. Plans submitted for the demolition permit shall include a
demolition recycling plan which has been reviewed and approved by the Public Works
Department, Streets and Sanitation Division. The demolition recycling plan shall
indicate type of material to be demolished, anticipated tonnage diverted and
anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry,
asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other
means rather than landfilled.
COA 3 That sanitary sewer, private streets within the development, and storm drains for this PW -
development shall be privately maintained by property owner/developer prior to the Development
approval of the CC&Rs required herein. Services
COA 4 That all parcels shall be assigned street addresses by the Building Division. Building
COA 5 That street names for new private streets shall be reviewed and approved. Building
COA 6 That the Final Parcel Map shall encompass the entire 4.8-acre project site and shall PW -
include irrevocable offers of dedication, including necessary construction easements and Development
easements for street, public utility and other public purposes, for the ultimate right-of- Services
way improvements for the project site frontage along Harbor Boulevard. Irrevocable
offers of dedication shall be made prior to recordation of the Final Parcel Map.
COA 7 That the property owner/developer shall submit a maintenance covenant (the PW -
"Covenant") to be approved as to form by the City Attorney's Office. The Covenant Development
shall include provisions for maintenance of public and private facilities, including Services
compliance with an approved Water Quality Management Plan, and a maintenance
exhibit showing the boundaries of the maintenance area. The covenant shall be recorded
concurrently with the final map.
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COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 8 That the property owner/developer shall submit mass grading, street, sewer, storm PW -
drain and landscape (including street tree and shrubs) improvement plans for the Development
public improvements along Harbor Boulevard prepared to the satisfaction of the City Services
Engineer.
COA 9 Improvement bonds shall be posted in amounts approved by the City Engineer and a PW -
form approved by the City Attorney prior to approval of the Final Parcel Map. Development
Services
COA 10 That vehicular access rights to Harbor Boulevard, except at street intersections, shall PW -
be released and relinquished to the City of Anaheim. Development
Services
COA 11 That the Final Parcel Map shall indicate that any existing City of Anaheim public Electrical
utility easements that conflict with potential building footprints shall be abandoned.
GENERAL
COA 12 That this Tentative Parcel Map No. 2007-13 is granted expressly conditioned upon Planning
approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007-
00210, Specific Plan Amendment No. 2007-00049, Tentative Tract Map No. 17219,
Conditional Use Permit No. 2007-05242 and Final Site Plan No. 2007-00010.
COA 13 That a final parcel map shall be submitted to and approved by the City of Anaheim PW -
and the Orange County Surveyor and then shall be recorded in the Office of the Development
Orange County Recorder. Services
COA 14 That property owner/developer shall be responsible for compliance with all mitigation Planning
measures within the assigned time frames and any direct costs associated with
Mitigation Monitoring Program No. 154 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.
COA 15 That approval of this application constitutes approval of the proposed request only to Planning
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.
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COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 16 That timing for compliance with conditions of approval maybe amended by the Planning
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.
COA 17 That extensions for further time to complete conditions of approval may be granted in Planning
accordance with Section 18.60.170 of the Anaheim Municipal Code.
COA 18 That prior to the earlier of the conveyance of the first unit or the first final building PW -
and zoning inspection, whichever occurs first, the property owner/developer shall Development
execute and record with the Orange County Recorder a declaration of covenants, Services
conditions and restrictions ("CC&R") satisfactory to the California Department of
Real Estate creating maintenance obligations, including compliance with the approved
Water Quality Management Plan, and to establish a financial mechanism or financial
mechanisms to maintain all of the building exteriors and improvements located on the
property except for areas designated for maintenance by the individual owner of the
unit as specified in the CC&R's.
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