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Resolution-PC 2008-60RESOLUTION NO. PC2008-60 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT PREVIOUSLY-CERTIFIED FiNAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCLJMENT FOR THE PROJECT AND APPROVING CONDITIONAL USE PERMIT NO. 2007-05284 (2100 EAST ORANGEWOOD AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Condirional Use Permit for certain real properiy situated in The Platinum Triangle of the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference~ and WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Mumcipal Code, does provide for the modification of setback requirements in connecrion with a conditional use permit; and WHEREAS, the Anaheun Planning Commission did receive a verified Petition for Conditional Use Permit to modify the minimum structural and landscape setbacks to construct a 689 residential units for certain real property; and WHEREAS, Conditional Use Permit No. 2007-05284 is proposed in connection with Development Agreement No. 2007-00006, Tentative Tract Map No. 171241 and Miscellaneous Case No. 2008-00246; and WHEREAS, the Planning Coimnission did hold a public hearing at the Civic Center in the City of Anaheim on May 12, 2008 at 230 pm., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anat~eim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed project actions, including Conditional Use Permit No. 2007-05284, and to investigate and make findings and recommendations in connection therewith; and WIIEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of a11 evidence and reports offered at said hearing, does fiad and determine the following facts: 1. That the proposed modification of minimum setbacks to conshuct 689 residential units is properly one for which a conditional use permit is authorized under Code Section No. 18.20.090.050 of the Anaheim Municipal Code. 3. That the proposed use will not adversely affect the adjoining land uses or the growth and cievelopment of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and the minor deviations from the Code would still achieve a project with azchitecturally enhanced elevations aud layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use lazid use designation and The Platinum Triangle Master Luid Use Plan (PTMLUP). -1- PC3008-60 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 either the particular area or to the health and safety of the citizens of the City of Anaheim 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 azea as the proposed project has been analyzed in a Traffic Impact Analysis dated February 2008, 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 and the project will comply with the mitigation measures set forth in Mitigation Monitoring Plan No. 152 for the project. 5. That the granting of the conditional use permit under the conditions imposed will not be dehimental to the health and safety of the citizens of the City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and that no wrrespondence was received in oppositaon to the subject petition. WHEREAS, the City Council certified Final Subsequent Environmental Impact Report No. 334 in connection with The Platinum Triangle Expansion Project in Apri12008. The Council also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B (MMMP No. 106) in conjunction with the Final SEIR. The Final SEIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to az~d in furtherazice of The Platinmu Triangle Expansion Project. Mitigation Monitoring Plan No. 153 includes mitigation measures from MMMP 106B that aze applicable to the proposed project. Therefore, FSEIR No. 334, together with Mitigation Monitoring Plan No. 152, are adequate to serve as the required enviromnental documentation far tlus proposal and satisfy all of the requirements of CEQA, and that no fiuther environmental documentation need be prepared for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Condirional Use Permit No. 2007-05284, upon the following conditions 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: No. Conditions of Approval Responsible for Monitorin 'TIMING: PRIOR TOISSUANCE OFBUILDINGPERMITS 1 That plans shall indicate compliance with the building setbacks Planning identified in Exhibit Nos. 2 through 7 of Final Site Plan No. 2007- 000014. ' GENERAL CONDITIONS 2 That subject property shall be developed substantially in accordance Planning with Development Agreement No. 2007-00006, and as conditioned herein. 3 That this conditional use ermit sha11 be valid for a eriod of time Plannin -2- PC2008-60 coinciding with the timing set forth in Development Agreement No. 2007-00006. 4 That approval of this application constitutes approval of the Planning 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 an other a]icable ordinance, reQulation or re uirement. BE IT 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 declazed 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. 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 pennits, 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 meetin~ of May 12, 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. _ l`• CHAI , ANAHEIM ING COMMISSION ATTEST: OFFICE SPEC~ALIST, ANAHEIM PLANNING DEPARTMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Conunission held on May 12, 3008, by the following vote of the memUers thereof: -3- PC2008-60 AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI ~~ ~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~'=`~~y of ` v Gt , 2008. -U-~ OFFICE SPE IST, A AHEIM PLANNING DEPARTMENT -4- PC2008-60 ^ > J m W ~ w J J O U LL F H I ~ VACANT ~ ' •.~..~~. ~ 308' - ~ ,~P. ~ ~ ~, . ( ~ i(PTMU) OFFICE BL~G. ' I~PTMU) FASTFO00 . REST. I~PTMU) PAftKING I (PTMU) CATERING TRUCK CO. I {PTMU) VACA NT IND. FIRM ae~' ---I IND. FIRM RCL 99-00-15 RCL 6fi-67-14 RCL 62-63-09 RCL 56-57-93 CUP 20a7-05284 MIS 2008-00246 I (PTMII) SWAPMEEf PLATINUMTRIANGLE MIXED USE OVERLAYZONE 1 (PTMU) ( IND. FIRM I (PTMU) SMALLIND. FIRMS ORANGEWOOD AVE I (PTMU) I (PTMU) SMALL INp. SMALL IND. a FIRMS FIRMS K N ~ z W o ~ o ~ x ! ~ b F O ? Z ~ ~ ~ ' ~~K - ~` ~ L^ 6 ~ w y ~ ~ I~ M Ao I (PTMU) SMALL IND. FIRMS \' ~~ ~~..,,.umnr ~ ~ ~ ORANGECITYLIMITS I(PTMU .. SMALLIN~. ~ ~ ~ I I FIRMS . ... n sa ° 111~ .... ...... ........ __..... ........._.__ ...... .._...... ....... ~oo ~ ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ...... ......... May 12, 2008 Subject Property ~ .r E WITELIApVE ~ ~ , r \ ~ ~ E: GENEAOlflY Wq Y w ~ I ~ E.ORPNGEW00~-VE . ~_ - 1 I ~~ • • I L.' E.CMAPAIANAVE 10532 I (PTMU) MEDICAL OFFICE