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Resolution-PC 2013-084RESOLUTION NO. PC2013 -084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013 -153 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00085) (1801 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition for the approval of Tentative Parcel Map No. 2013 -153 to subdivide a parcel, creating an airspace subdivision for a previously- approved hotel and pharmacy (collectively referred to herein as the "Project ") on that certain real property located at 1801 South Harbor Boulevard 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 1.60 -acre Property is currently under construction with a 172 - room hotel and pharmacy and is located in the SP92 -2 (Anaheim Resort Specific Plan) zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 2, 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 to investigate and make findings and recommendations in connection therewith; 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 proposed Project is within that class of projects which consists of the division of property meeting the conditions described in Section 15315 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "); that is (a) consists of the division of property in an urbanized area zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and the Zoning Code, (b) no variances or exceptions are required, (c) all services and access to the proposed parcels to local standards are available, (d) the parcel, prior to its division, was not involved in a division of a larger parcel within the previous two years, and (e) the parcel does not have an average slope of greater than 20 percent. The Property complies with all of the conditions described in Section 15315 of the CEQA Guidelines. Accordingly, the proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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 subdivide a parcel, creating an airspace subdivision for a previously- approved hotel and pharmacy, does find and determine the following facts: - 1 - PC2013 -084 I . 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, the SP92 -2 (Anaheim Resort Specific Plan) zone and with the zoning and development standards contained in Chapter 18.116 of the Code. Proj ect. 2. That the site is physically suitable for the type and density of the proposed 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, as no expansion is proposed to the existing office building. 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 -153, subject to and contingent 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. 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. -2- PC2013 -084 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 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 CITY PLA ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 December 2, 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 2 nd day of December, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -084 EXHIBIT " A " DEV NO. 2013 -00085 APN: 137- 161 -11 W KATELLA AVE 117 ��, LT� 145' D J m 0 m Q 2 Uf 'a w 0 o so ioa Source: Recorded Tract Maps and /or City GIS. v Feet Please note the accuracy is +/- two to five feet. -4- PC2013 -084 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2013-153 (DEV2013- 00085) 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 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 3 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 marked Exhibit Nos. 1 -4, and as conditioned herein. PRIOR TO RECORDATION OF PARCEL MAP 4 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 -5- PC2013 -084 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY City's prior written consent. Said agreement shall be reviewed and approved by the City Attorney prior to its execution and 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. 5 The Parcel Map shall be submitted to and approved by the City Public of Anaheim and the Orange County Surveyor and then shall be Works - filed in the Office of the Orange County Recorder. A reciprocal Development access agreement shall be recorded concurrently with the Parcel Services Map. 6 Prior to final map approval, a maintenance covenant, shall be Public submitted to the Public Works Department/Development Services Works - and approved by the City Attorney's office. The covenant shall Development include provisions for maintenance of private facilities and shall be Services in compliance with the approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Harbor Blvd and Katella Avenue. The covenant shall be recorded in the Office of the Orange County Recorder concurrently with the final map. -6- PC2013 -084