Resolution-PC 2008-82RESOLUTION NO. PC2008-82
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING TENTATNE PARCEL MAP NO. 2006-195
(1240 SOUTH WALNUT STREET)
I~HEREAS, Che Analieim Plamiing Commission did receive a verified Petition for
Te~~tative Parcel Map No. 2006-195 to establish a 2-lot subdivision to construct a 120-room hotel
for certain real property situated in Tlie Analleim Resort area of the CiYy of Anaheim, County of
Orange, State of Califomia, as more particularly descriUed in Exhibit "A" atYaclied hereto and
incorporated herein by this reference; and
WHEREAS, Tentative Parcel Map No. 2006-195 is proposed in connection with
Specific Plan Amendment No. 2007-00051, Variance No. 2007-04742 and Final Site Plan No.
2007-00013 to an~end tlte Anaheim Resort Specifc Plan to redesignate the project site hotel density
From Low Dens9ty to Medium Density and to construcC a 120-room hotel with less landscaping
adjacent to an interior property line thei3 required by code; and
WHEREAS, the Analieim Planning Commission did hold a public hearing at the
Anal~eim Civic Center, Council ChamUer, 200 South Anaheim Boulevard, on August 18, 2008, at
2:30 p.m., notice of said public liearing havu~g been duly given as required by law and in
accordance with tlie 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.
2006-195, a~~d to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
iYself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
L Tl~at Yhe proposed tantative parcel map, including its design and improvemenYs, is
consistent witl~ the City of Anaheim General Plan designation of Commercial Recreation land use.
2. Tl~at Che siYe is pflysically siiitable for Yhe proposed type of development at the
propnsed density and tl~ereFore would not cause public Uealth or safety proble~ns or environn~ental
damage.
3. That the desigt7 of the suUdivision or tiie proposed improvemenTs are not likely to
cause substantial environmenCal damage or substantialJy and avoidably injure fisli or wildlife or
their l~abitat.
4. Tl~at the design of the subdivzsion or tlie type of improvements is not likely to caiLSe
serious public health problems.
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5. Tl1at the design of the subdivision or the Yype of improveme»ts will not conflict with
easements, acnuired Uy the public at large, for access Uuough or use of property within the proposed
subdivision.
6. Tl~at no one indicated Yheir presence at said p~iblic hearing in opposition; and Cl~at no
correspoiidence was received in opposition to the subject petition.
WHEREAS, the Anaheim Planning Com~nission has reviewed tUe proposal and does
hereby find d~at the Mitigated Negative Declaration and the associated Mitigation Monitoring
Program No. 000003 is adeqt~ate to serve as the required environmental documentation in
connection wiCl~ Chis requesC upon finding t~hat the declaration reflects tl~e ii~dependentjudgment of
tl~e lead agency and tl~at it has considered Che Mitigated Negative Declaration together with any
comments received during the public review process and further finding on the basis of Yhe initial
study and any comments received that there is no substantial evidence that the project will l~ave a
sigiificant effect on the enviro~unent.
NOW, THEREFORE, BE IT RESOLVED that the fviaheim Planning Commission
does hereby grant s~ibject Petitiou for Tentative Parcel Map subject Yo tlie condiYions o£approval
described in Exhibit "B" atYached hereto and incorporated by this reference, which are hereby found
to be a necessary prerequisiYe to the proposed use of the subject property in order to preserve tlie
health, safety and general welfare of tl~e Citizens of the City of Analaeim:
BE IT FURT~-IER RESOLVED that tbe Anaheim Pla~mang Co~aunission does hereby
find and deternune that adoption of this Resoltition is expressly predicated upon applicant's
cotnpliance witli each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the fnal judgment of any court of
coulpetent jtirisdiction, Yhen Cliis Rasalution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that the applicuit is responsible for paying all
cliarges related to the processing of this discretiotiary case application within 15 days of tlie
issuance of tlie final invoice or prior to tlle approval of Ylie final map for this project, whichever
occurs first. Failirre to pay all charges shall result in delays in the approval of tlie final map or tlie
revocation of the approval of tlus application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August~ i 8, 2008. Said resolution is subject to the appeal provisions seY fodh in Chapter
1$.60, "Zoning Provisions - General" of the Anaheim Municipal Code perfaining to appeal
procedures and may be replaced by a City Coimcil Resolution in the vent of an appeal.
CHAIRMA , M P G COMMISSION
ATTEST:
~ ~'f' ~~- ~ ~
SENIOR SECIt~ARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORN[A )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Analieim Plamiing Commission, do l~ereby
certify that Yhe foregoing resolution was passed and adopYed at a meetiiig of Yt~e Anaheim Planning
Conimission lield on August 18, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, ICARAKI, RAMIREZ,
ROMERO
NOES: COMMISSIpNERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I laave 3~ereunto set my hand this ~ 1~day of
August, 2008.
SENIOR SEC1~lETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
TENTATIVE PARCEL MAP NO. 2006-195
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_ Ple ase note th e ecairacy i s+f- lwo to five feel.
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EXHIBIT "B"
TENTATIVE PARC~L MAP NO. 2~06-195
Responsible for
No. Conditions of Approval Monitoring
PRIOR TO FINAL MAPAPPROVAL
1 That an unsubordinated restricted eovenant providing reciprocal access and Development
parlcing approved by the Planning Services Division in a Forni satisfacfory to tlte Services
City Attomey shall be recorded witl~ t3~e Office of the Orange Coimty. An
unsubordinated restrictive covenant approved by the Planning Services Division
of tl~e Planning Department and the Development Services Division of Yhe Public
Worlcs Department and in a form satisfactory to the CiYy Attorney shall be
recorded witll tlie Office of the Orange CoLmYy Recorder. A covenant shall also
Ue recorded on Parcel No. 2 indicating that prior to City authorization of any
increase in density for Parcel 2, the Property Owner/Developer shall ensure thaY
approximately 300 linear feet of 8-iucl~ sewer line in Hampstead Sheet shall be
replaced with a 10-incl~ sewer line. Tllis covenant shall be referenced in all deeds
transferring all or any part of Che interest in the properCy.
Z Tl~at newly creaYed parcels sliall be assigned street addresses by the Building Planning
Division.
3 That the final map shall be recorded within a period of two (2) years from tlie Development
date of this resolution. Extensions for fiuther time to complete said conditions Services
may be granted in accordance with Section 18.03.090 of the Ai~aheim Municipal
Code.
GENERAL'
4 That subject property shall be subdivided substantially in accordance witli plans and Plamiing
specifications suUmitted to the City oFAnaheim by tlie petitioner and wliich plans
are on file with the Planning DepartmenC marlced Exhibit No. l; uid as conditioned
herein.
5 Tltat a final naap shall be suhinitted to and approved by Yhe City Engii~eer and tl~e Development
Orange County Surveyor. Following approval, tl~e final parcel map shall be Services
recorded in the Office of the Orange County Recorder prior to tlie issuance of the
building permit. A reciprocal access agreement sliall be recorded concurrently with
tlae final parcel map.
6 TliaC Cliis TenCative 3'arcel Map is granted subject to approval of and finalization Planning
of Specific Plan Amendment No. 2007-00051, Final Site Plan No. 2007-00013
and Variance No. 3007-04742.
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No.
Conditions of Approval Responsible for
Monitor-ing
7 That approval of tllis application constitutes approval of the proposed request Planning
only to tl~e exteiit that it complies with the Anal~eim Mnnicipal Zoning Code and
any other applicable City, State and Federal regtQations. Approval does noY
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
8 That timing for compliance with conditions of approval may be amended by the Pla~~ing
Pla~~ning DirecYor iipan a showing of good cause provided {i) equivalent timing is
establislied that satisfies Yhe origii~al intent and purpose of Che condition(s), (ii)
the modification complies wiYh the Anaheim Mwiicipal Code and (iii) Yhe
applicant has demonstrated significant progress toward establishment oPthe trse
or approved development.
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