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Resolution-PC 2013-078RESOLUTION NO. PC2013 -078 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013 -150 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00039) (1441 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for the approval of Tentative Parcel Map No. 2013 -150 to permit a two lot subdivision for a proposed hotel development (herein referred to as the "Proposed Project ") on that certain real property located at 1441 South Manchester Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 2.7- acres, is developed with a 182 -room Quality Inn hotel. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaris of Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2013, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against the Proposed Project concurrently with proposed Final Site Plan No. 2015 -00005 and Variance No. 2013 -04941 to investigate and make findings and recommendations in connection therewith. At the request of the applicant, the Planning Commission continued this matter to its regular meeting of October 21, 2013; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the previously - certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; and WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 310 ( "MMP "), which is attached hereto as Exhibit C and incorporated herein by this reference, and was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and - 1 - PC2013 -078 WHEREAS, the Planning 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 pertaining to the request to permit a two -lot commercial subdivision, does find and determine the following facts: 1. That the Proposed Project, including its design and improvements, is consistent with the Commercial Recreation land use designation in the Anaheim General Plan and, more specifically, Anaheim Resort Specific Plan No. 92 -2 (SP92 -2) and the zoning and development standards contained in Chapter 18.116 of the Code pertaining to hotel projects within the Anaheim Resort Specific Plan Zone. 2. That the site is physically suitable for the type and density of the Proposed Project. 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Tentative Parcel Map No. 2013 -150, subject to and contingent approval of Final Site Plan No. 2015 -00005 and Variance No. 2013- 04941, now pending, and upon satisfaction of the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the 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 Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the 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. -2- PC2013 -078 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 21, 2013. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CTTAPPLANNING COMMISSION ATTEST: y SENIOR SEC�RtTARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 21, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of October, 2013. 1 r� SENIOR SEMtTARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -078 EXHIBIT "A" DEV NO. 2013 -00039 -4- PC2013 -078 c so It), Source: Recorded Tract Maps and /or City GIS. � Please note the accuracy is +/- two to five feet. Feet Y EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2013 -150 (DEV2013- 00039) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 2 Subject property shall be developed, maintained and operated Planning substantially in accordance with plans and specifications Department submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. PRIOR TO RECORDATION OF PARCEL MAP 3 This condition of approval was removed at the public hearing. 4 This condition of approval was removed at the public hearing. 5 A Reciprocal Easement Agreement (REA), or such other similar Planning agreement as may be acceptable to the City Attorney, which Department provides for shared ingress /egress, parking, maintenance and trash pick -up will be required as a condition of approval of the Subdivision application. Said agreement (i) must run with the land in perpetuity, (ii) shall inure to the benefit of, and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession of the properties who directly or through any agent violate the terms hereof, and (iii) shall not be modified, supplemented or amended without the City's prior written consent. Said agreement shall be reviewed and approved by the City Attorney prior to its execution and -5 - PC2013 -078 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY recordation in the Official Records of the County of Orange. A copy of the recorded agreement shall then be submitted to the Planning Department. The agreement shall be referenced in all deeds transferring all or any part of the interest in the property. 6 Prior to approval of the Final Parcel Map, Developer /Applicant Public shall form a legal association of all the properties and units Utilities - served and prepare CC & R's that define the perpetual Water responsibility for the maintenance of all communal backflow Engineering prevention devices and the payment of all utility services provided and the individual responsibility of all association members. The draft CC &R's shall be submitted to Water Engineering for review prior to approval of the Final Parcel Map. 7 The Parcel Map shall be submitted to and approved by the City public Works - of Anaheim and the Orange County Surveyor and then shall be Development filed in the Office of the Orange County Recorder. A reciprocal Services access agreement shall be recorded concurrently with the Parcel Map. 8 A maintenance covenant, shall be submitted to the Subdivision Public Works - Section and approved by the City Attorney's office. The covenant Development shall include provisions for maintenance of private facilities, Services including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Manchester Avenue. The covenant shall be recorded concurrently with the final map. 9 The legal property shall owner shall post a security and execute a Public Works - Subdivision Agreement to complete the required public Development improvements at the legal property owner's expense in an amount Services approved by the City Engineer, and a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by City Council. The Subdivision Agreement shall include both phases of development: Parcel 1 and Parcel 2 or any other legal lot designation. 10 This condition of approval was removed at the public hearing. 11 This condition of approval was removed at the public hearing. 12 The property owner shall irrevocably offer to dedicate to the City Public Works - of Anaheim a 20 -foot wide easement measured from the existing Development right -of -way limit for road, public utilities and other public Services purposes on Manchester Avenue for proposed Parcels 1 and 2 or any other legal lot designation. -6- PC2013 -078 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 13 This condition of approval was removed at the public hearing. 14 This condition of approval was removed at the public hearing. 15 An improvement certificate shall be placed on the final parcel map Public Works - to require construction of street improvements along Manchester Development Avenue to the width required by the Anaheim Resort Specific Plan Services and Public Works Standard Detail 160 -A. The legal property shall owner shall post a security to complete the required public improvements for future site development at the legal property owner's expense in an amount approved by the City Engineer, and a form approved by the City Attorney. The street improvements shall be completed prior to final building and zoning inspections for proposed Parcel 2 or any other legal lot designation. -7- PC2013 -078