Resolution-PC 2007-42A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' THAT PETITION FOR CONDITIONAL'USE FERMIT NO. 2006-05138 BE GRANT~D
` (2211 EAST ORANGEWOOD AVENUE)
WHEREAS, the Platinum Triangle Mixed Use (PTMU) Oyerlay Zone, Chapter 18.20 of the
Anaheim' Municipal Code, does provide for the modification of setback requirements in connection with a'
conditional use permit provided that minimum landscape requirements are met.
' WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to modify the minimum structural setbacks to construct a 341-unit residential project for certain
real property situated in The Platinum Triangle area of the City of Anaheim, County of Orange, State of
California, described as
THE EASTERLY 272.67 FEET OF THE WESTERLY 1304.60 FEET OF THE SOUTH
667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM,'COUNTY OF
ORANGE, STATE OF'CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE
22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA (APN 083-270-48).
WHEREAS, on April 30, 2007, the Planning Commission recommended that the City '
Council approve General Plan Amendment No. 2006-00449, an Amendment to the Platinum Triangle
Master Land Use Plan (MIS2007-00187) and Zoning Code Amendment (ZCA2007-00057) to increase
the maximum number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum
number of dwelling units in ThePlatinum Triangle from 9,500 to 9,567; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 30, 2007 at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 '
"Procedures", to hear and consider evidence for and against said proposed conditional use permit, in
connection with Development Agreement No. 2006-00003 and Tentative Tracf Map No. 16908, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find '
and determine the following facts:
1. That the proposed modification of minimum structural setbacks to construct a 341-unit
residential condominium project is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section No. 18.20.090.050.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
project with architecturally enhanced elevations and layered landscaping, and further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle
Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate tp allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project has been
analyzed in`a?raffic Impact Analysis dated'September2006, reviewed and approved by the'City Trafficand
Cr\PC2007-42 -1- PC2007-42 .
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Transportation Manager antl that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
5. That the granting of the conditional usepermit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
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correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 'That the Anaheim Planning
Commission has reviewed Conditional Use Permit No. 2006-05138 - to modify structural setbacks to :
construcYa 341-unit residential condominium project; and did find and determine, by motion, pursuant to the
provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and
consideration of an Initial Study/Addendum conducted pursusnt #o CEQA for the Development Agreement;
and the requirements of CEQA, including Section 21166 of the California Public Resources Code and
Section 15162 of the CEQA Guidelines and the evidence received aYthe public hearing, that previously-
certified FSEIR No: 332 and its Second Addendum, together with the Updated and Modified Mitigation
Monitoring Program Na 106A and M,itigation Monitoring Plan No. 136, are adequate to serve as the required
' environmental documentation for this Conditional Use Permit and satisfy all of the requirements of CEQA, '
and that no further environmental documentation need be prepared for this Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to #he proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of buildinq permits or within a period of one (1) vear from the date of this
resolution, whichever occursfirst. the followina conditions shall be complied with: '
1. That plans shall indicate compliance with the building setbacks identified in Exhibif Nos. 1 through 31
of Final Site Plan No. 2006-00008.
General Conditions:
2. That the property owner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation
Monitoring Plan No. 136 as established by the City of Anaheim and as required by Section 21081.6
of the Public Resources Code to ensure implementation of those identified mitigation measures.
3. That this Conditional Use Permit No. 2006-05138 is granted expressly conditioned upon approval of
General Plan Amendment No. 2006-00449, Amendment to the Platinum Triangle Master Land Use
Plan (Miscellaneous Permit No. 2007-00187), Zoning Code Amendment No. 2007-00057,
Development Agreement No. 2006-00003, and Tentative Tract Map No. 16908.
4. That subject property shall be developed substantially in accordance with Development Agreement
No. 2006-00003, and as conditioned herein.
5. That this conditional use permit shall be valid for a period of time coinciding with the timing set forth
in Development Agreement No. 2006-00003 which provides for development of this project within
five (5) years from the adoption date of Development AgreementNo. 2006-00003.
6. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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.
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BE IT.RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the
conditions hereinabove set forth. Should any such condition, or any part #hereof, be declared invalid or
unenforceable by the final judgment of any courYof competent jurisdiction, then this Resolution, and any ,
approvals herein contained, shall be deemed null and void.
AND BE JT FURTHER RESOLVED thafithe property owner/developer 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, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay aU charges shall result irr delays in the issuance of required
permits or the revocation of the approval of this application. ' _
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 30, 2007. Said resolution is subjectto the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and y be r laced by i ouncil :
Resolution in the event of an appeaL
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CHA RM , HEI ANNING COMMISSION '
ATTEST:' ~
.~~i~~+~o-~-- _
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify ,
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '