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Resolution-PC 2014-101RESOLUTION NO. PC2014 -101 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2012 -148 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2011- 0011OA) (200 -282 NORTH LEMON STREET, 107 -127 WEST LINCOLN AVENUE AND 120 WEST CYPRESS STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition for Tentative Parcel Map No. 2012- 148 to consolidate six parcels into one parcel (herein referred to as the "Parcel Map ") for certain real property located at 200 -282 North Lemon Street, 107 -127 West Lincoln Avenue and 120 West Cypress Street in the City of Anaheim, County of Orange, State of California, 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 4.29 acres, is developed with a vacant building and a parking lot. The Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located within the General Commercial (C -G) and Mixed -Use (MU) Overlay Zones. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use Overlay Zone) of the Anaheim Municipal Code (the "Code "); and WHEREAS, by the adoption of its Resolution No. PC2014 -034 on April 21, 2014, the Planning Commission adopted a Mitigated Negative Declaration ( "MND ") and a Mitigation Monitoring Program ( "MMP ") in connection with its approval of Conditional Use Permit No. 2012 -05597 and Reclassification No. 2012 -00248 for a mixed -use project proposed for development on the Property consisting of 220 apartments and 18,000 square feet of commercial retail uses (the "Project "). The MND and the MMP shall be referred to herein collectively as the "Previously- approved MND "; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 17, 2014 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 (Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel Map, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, based upon a review of the Parcel Map and consideration of the information contained in the Previously - approved MND, the Planning Commission hereby finds and determines that, in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and Title 14 of the California Code of Regulations (herein referred to as the "CEQA Guidelines "), (i) the Previously- approved MND serves as the appropriate environmental documentation for the proposed Parcel Map and satisfies all of the requirements of CEQA; (ii) none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent negative declaration or environmental impact report have occurred in connection with the proposed Parcel Map; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Parcel Map; and - 1 - PC2014 -101 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 with respect to the request for Tentative Parcel Map No. 2012 -148, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, is consistent with the Mixed Use land use designation in the Anaheim General Plan and, the zoning and development standards of the "C -G" General Commercial and "Mixed -Use Overlay" zones contained in Chapter 18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use Overlay Zone) of the Code; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the "C -G" General Commercial and "Mixed - Use Overlay" zones; and 3. 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 in the vicinity; and 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, as it is anticipated that the existing commercial building will be demolished and replaced with multiple family residential buildings in conformance with the development standards of the "C -G" General Commercial and "Mixed -Use Overlay" zones; and 5. 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 the Planning Commission does hereby approve Tentative Parcel Map No. 2012 -148, contingent upon and subject to 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 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- PC2014 -101 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 17, 2014. 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 Resolutigp* the event of an appeal. FT HE CITY OF ANAHdM M MISSION ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 17, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -101 W4 dw-l"m DEV NO. 2011- 00110A APN: 255- 081 -05 255- 081 -06 255- 081 -01 255 - 081 -02 255- 081 -04 w 255- 081 -03 c 0 2 P '2 � � y R�55 s"f r' G`tP�LSS S, 5�9 W EL a z Pv� �`NCQ�N v+ 37 Z p In G 0 " so ioo v Source: Recorded Tract Maps and/or City GI S. Feet Please note the accuracy is +i- two to five feet- -4- PC2014 -101 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2012-148 (DEV2011- 00110A) -5- PC2014 -101 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO RECORDATION OF PARCEL MAP 1 The Developer /Property owner shall acquire in fee (or as approved Public Works, by City Engineer) from the legal owner that portion of land that is in Development Services excess outside of the ultimate street right -of -way for Lincoln Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. The legal owner shall dedicate to the City of Anaheim ultimate right -of -way easements fifty five (55) feet in width for road, public utilities and other public purposes along Lincoln Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. 2 The legal property owner shall irrevocably offer to dedicate to the City Public Works, of Anaheim an easement for street, public utility and other public Development Services purposes for the widening of Cypress Street and Lemon Street to their ultimate right -of -way width of 30 feet and 28.75 feet from the street centerlines, respectively. 3 A maintenance covenant shall be submitted to the Subdivision Section Public Works, and approved by the City Attorney's office. The covenant shall include Development Services provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Anaheim Blvd, Lincoln Avenue, Lemon Street and Cypress Street. The covenant shall be recorded concurrently with the final map. 4 Street improvement plans shall be submitted for all required public Public Works, works improvements; including traffic signal and related Development Services improvements, striping, storm drain, sewer, landscape and irrigation improvements, in Lincoln Avenue, Lemon Street, Anaheim Blvd and Cypress Street to the Public Works Department/Development Services. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to final map approval. The improvements shall be constructed prior to final building and zoning inspections. 5 The property owner shall execute a Subdivision Agreement, in a form Public Works, approved by the City Attorney, to complete the required public Development Services improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. 6 All parcels shall be assigned street addresses by the Building Division. Public Works, Development Services -5- PC2014 -101 -6- PC2014 -101 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 All existing structures shall be demolished. The developer shall obtain Public Works, a demolition permit from the Building Division. Development Services GENERAL 8 The Parcel Map shall be submitted to and approved by the City of Planning Department, Anaheim and the Orange County Surveyor and then shall be filed in Planning Services the Office of the Orange County Recorder. Division 9 The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City of Planning Services Anaheim by the petitioner and which plans are on file with the Division Planning Department, and as conditioned herein. 10 The Applicant shall defend indemnify, fy, and hold harmless the Planning Department, City and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from Division any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees 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 Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 11 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. -6- PC2014 -101