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Resolution-PC 2015-082RESOLUTION NO. PC2015-082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO TENTATIVE PARCEL MAP 2012-148 AND DETERMINING THAT A PREVIOUSLY -APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST (DEV201 1 -011013) (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 to amend Tentative Parcel Map No. 2012-148, designated as Tentative Parcel Map No. 2012-148A, to modify conditions of approval and reconfigure the location of the proposed apartment building 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, Tentative Parcel Map No. 2012-148A is proposed in conjunction with a proposed amendment to Conditional Use Permit No. 2012-05597, designated as Conditional Use Permit No. 2012-05597A, and proposed Administrative Adjustment No. 2015-00370, to reconfigure the location of the proposed apartment building and modify certain conditions of approval. Tentative Parcel Map No. 2012-148A, Conditional Use Permit No. 2012-05597A and Administrative Adjustment No. 2015-00370 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on April 21, 2014 and subject to certain conditions of approval, the Planning Commission adopted Resolution No. 2014-034 approving Conditional Use Permit No. 2012- 05597 (herein referred to as the "Original CUP") to permit the construction of a mixed-use project on the Property consisting of 220 apartments and 18,000 square feet of commercial retail uses (herein referred to as the "Original Project'); and WHEREAS, on November 17, 2014 and subject to certain conditions of approval, the Planning Commission adopted Resolution No. 2014-101 approving Tentative Parcel Map No. 2012-148 for the Property to consolidate six parcels into one parcel (herein refered to as the "Original Map"). The conditions of approval which were the subject of the Original Map shall be referred to herein as the "Previous Conditions of Approval"); and WHEREAS, the Property is located in the "CG" General Commercial Zone and the Mixed Use (MU) Overlay Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) and Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the Anaheim Municipal Code ("Code"). The Anaheim General Plan designates this Property for Mixed Use land uses; and -1- PC2015-082 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 the Original Project; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Proposed Project will not create any additional environmental impacts beyond those analyzed and addressed by the previously -approved MND and associated MMP, and is therefore, exempt from the requirement to prepare additional environmental documentation; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 19, 2015, 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 Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 with respect to the request to amend Tentative Parcel Map No. 2012-148, does find and determine the following facts: 1. Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, 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 Zone and and the Mixed Use (MU) Overlay Zone contained in Chapter 18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the Code; and 2. The site is physically suitable for the type and density of Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, in conformance with the development standards of the "CG" General Commercial and Mixed Use (MU) Overlay Zones; and 3. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, 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 -2- PC2015-082 4. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, 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 "CG" General Commercial and Mixed Use (MU) Overlay Zones; and 5. The design of Tentative Parcel Map No. 2012-148, as amended by Tentative Parcel Map No. 2012-148A, 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons stated hereinabove, does hereby approve Tentative Parcel Map No. 2012-148A, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval"). All references to the conditions of approval for the Original Map shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original Map, as amended by Tentative Parcel Map No. 2012-148A. Said Revised Conditions of Approval 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 any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. 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 Revised Conditions of Approval. Shouldthe Revised Conditions of Approval, or any part thereof, be declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2015-082 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 October 19, 2015. 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. C4., z z. -'C'oe-�'-' iz�- - - CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 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 19, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015. 01 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015-082 EXHIBIT "A" DEV NO. 2011-00110B APN : 255-081-01 255-081-02 255-081-03 255-081-04 AgE4E 5T 255-081-05 w 255-081-06 r G Z Z q q 2 E C'i P RC55 5� G fl 55 s, 5A9 CYPR 0 z �Z q 3 G \ G AV, 5i Ov� Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -5- PC2015-082 EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2012-148A (DEV2011-00110A) -6- PC2015-082 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO RECORDATION OF PARCEL MAP 1 Prior to final map approval, the property owner and City shall execute a Public Works, Put Option, Purchase Agreement and Joint Escrow Instructions Development Services ("Agreement") with provisions acceptable to the Director of Public Works; this Agreement will require the developer to purchase certain Remnant Parcels (as such term is defined in the Agreement) following installation of new public right-of-way improvements upon the City's discretionary exercise of the Put Option (as such term is defined in the Agreement). The Agreement is subject to approval by the Anaheim City Council. In the event that the Anaheim City Council rejects the Agreement, this condition shall be of no further force and effect and shall not be a condition to final map approval. 2 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement for street, public utility and other public purposes Development Services 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 and Public Works, 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 improvements, Development Services 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- PC2015-082 -7- PC2015-082 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 All parcels shall be assigned street addresses by the Building Division. Public Works, Development Services 7 All existing structures shall be demolished. The developer shall obtain a Public Works, demolition permit from the Building Division. Development Services GENERAL 8 The Parcel Map shall be submitted to and approved by the City of Planning and Building Anaheim and the Orange County Surveyor and then shall be filed in the Department, Office of the Orange County Recorder. Planning Services Division 9 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division 10 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, Planning Services set aside, void, or annul the decision of the Indemnitees concerning this Division 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 and Building processing of this discretionary case application within 30 days of the Department, 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 Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. -7- PC2015-082