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Resolution-PC 2007-97. • RESOLUTIONNO. PC2007-97 A RESOLUTION OF, THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMITNO. 2007-05227 BE GRANTED ,(1404 EAST KATELLA AVENUE - DEVELOPMENT AREA C) WHEREAS, on November 8, 2005,; the City Councii approved Development Agreement Na 2005-00008 for the A-Town Metroproject in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the City of Anaheim. WHEREAS, the PTMU Overlay 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 constructa mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses for certain real property situated in the A-Town Metro project in The Platinum Triangle area of the City of Anaheim, County of Orange, State of : California, described as LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, ` STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGM 10 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 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 Final Site Plan No. 2007-00006, and to investigate and make ~ndings 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 mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses 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 proposectproject 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 to 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 Traffic lmpact Analysis dated June 2005, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. Cr\PC2007-97 -1- PC2007-97 • • 5. That the granting of the conditional use permit 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 p[esence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Conditional Use Permit No: 2007-05227 - tomodify structural setbacks to construct a mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses; and did find and determine, by motion, pursuant, to theprovisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA#or 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 receivetl at the public hearing, that previously-certified F3EIR Na 332 and its Addendum, together with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan Na 138(C), are adequate to serve as the required environmental documentation'for this Conditional Use Permitand 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 RESOLVEDthat the Anaheim Planning Commission does hereby grant subject Petifion for Conditional Use Permit, upon the following conditions which are hereby ' found to be a necessary prerequisite to the proposed use of the subject property in order to presenre the safety and general welfare of the Citizens of the City of Anaheim: Prior to issuance of buildinq permits the following condition shall be complied with: 1. That plans shaU indicate compliance with the building setbacks identified in Exhibit Nos. 61 through 69 of Final Site Plan No. 2007-00006. 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 Mitigation Monitoring Plan Na 138(C) 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. 2007-05227 is granted expressly conditioned upon approval of Final Site Plan No. 2007-00006. 4. That subject property shall be developed substantially in accordance with Development Agreement No. 2005-00008, 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. 2005-00008. 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. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressty predicated upon appficanYs compliance with each and aU 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- PC2007-97 ' • ! AND BE IT FURTHER RESOLVED that the 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 or prior to the issuance of building permits, `whichever occurs first. Failure to pay aU charges shall resulf in delays in'the issuance of required permits or the revocation of the approval of this apPlication, THE FOREGOING RESOLUTIONwas adopted at the Planning Commission meeting of August 20, 2007, 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. CHAIRMAN P O TEMPO EIM P N MMISSION ATTEST: - ~~,~s.rs.-_ - 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 August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA N WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2007. ~ d,e.~ -~ i`~~~/L~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION