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).
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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
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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:
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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.
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OFFICE SPE IST, A AHEIM PLANNING DEPARTMENT
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