Resolution-PC 2007-156. •
RESOLUTION NO. PC2007-156
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE TRACT MAP NO. 17186 BE GRANTED
(1005 - 1105 EAST KATELLA AVENUE)
WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan
Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to
The Platinum Triangle Master Land Use Plan (MIS200~-00188); (iv) Reclassification No. 2007-
00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement
(MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent
Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum
Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and
WHEREAS, the "Platinum Triangle Expansion Project" is pending Commission
consideration on the same agenda as this request, and further, that the City Council is scheduled to
consider the "Platinum Triangle Expansion ProjecY' on December 11, 2007; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Tentative Tract Map for certain real property situated in The Platinum Triangle area of the City of
Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 10, 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, to hear and consider evidence for and against said proposed
tentative tract map 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:
l. That the proposed tentative tract map, including its design and improvements, is
consistent with the Anaheim General Plan and The Platinum Triangle Master Land Use Plan, as
proposed for amendment as part of the Platinum Triangle Expansion Project.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or environmental
damage.
3. That no one indicated their presence at said public hearing in opposition; and that no
letters were received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal; and did find and determine pursuant to the
provisions of the California Environmental Quality Act ("CEQA"), based upon its independent
review and consideration of an Initial Study conducted pursuant to CEQA for the proposal 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 at the public hearing, that FSEIR
No. 334, together with Mitigation Monitoring Plan No. 149, are adequate to serve as the required
environmental documentation for this proposal and satisfy all of the requirements of CEQA, and
that no further environmental documentation need be prepared for this tentative tract map.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby grant subject Petition for Tentative Tract Map with the stipulation that the block wall
indicated on the west side of Lot "A" (private street) shall be removed and not shown on the final
tract map; and, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the health and safety of the Citizens of the City of Anaheim:
BE IT FURTHER RESOLVED that the Anaheim 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 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 or prior to the approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CIIA A~ ANAHEIM ING COMMISSION
ATTEST:
SENIOR~ECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 December 10, 2007 by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1~~'~- day of
~r,~~cn~~c~ , Zoo~.
I`,1 %~ C~- ~i~- ~-.
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRII'TION QF THE PROPERTY
PARCEL 1:
PARCEL l, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHQWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSNE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA
PARCEL 2:
PARCEL 2, iN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED 1N BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
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EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17186
Conditions of Approval
COA/ Responsible for
MMP Conditions of Approval Monitoring
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COA 1 That street names for new public or interim private streets shall be reviewed and Building
approved.
The property owner/developer shall be responsible for ensuring that all existing
structures within the boundaries of the Final Tract Map shall be demolished. The
property owner/developer shall obtain a demolition permit from the Building
Division of the Planning Department. Plans submitted for the demolition permit Building
COA 2 shall include a demolition recycling plan which has been reviewed and approved
by the Public Works Department, Streets and Sanitation Division. The demolition PW - Sanitation
recycling plan shall indicate type of material to be demolished, anticipated tonnage
diverted and anticipated tonnage landfilled. Inert demolition material (dirt,
concrete, masonry, asphalt, etc.) shall be disposed of in an inert reclamation site,
or diverted by other means rather than landfilled.
That the Final Tract Map shall encompass the entire 4.6-acre project site and shall
include irrevocable offers of dedication, including necessary construction
easements and easements for street, public utility and other public purposes, for
the ultimate right-of-way improvements for the arterial highways and connector
streets along the project site frontage listed below and identified in these
conditions of approval:
COA 3 1. Katella Avenue PW - Dev Svcs
2. Private Street/Future Connector Street within the Final Site Plan
boundaries (Connector Street "Lot A") as shown on the Tentative Tract
Map for "Public Utility and Emergency Purposes including Ingress and
Egress Rights for Maintenance Purposes.
Irrevocable offers of dedication shall be made prior to recordation of the Final
Tract Map.
The property owner/developer shall record an easement for cul-de-sac driveway
COA 4 purposes on the adjacent property to the immediate west, as shown on the PW- Dev Svcs
Tentative Tract Map and Final Site Plan.
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COA/ Responsible for
MMP Conditions of Approval Monitoring
The property owner/developer shall submit mass grading, street, sewer, storm
COA 5 drain and landscape (including street tree) improvement plans for the public pw _ Dev Svcs
improvements along Katella Avenue and the private street/future connector street
prepared to the satisfaction of the City Engineer.
COA 6 Improvement bonds shall be posted in amounts approved by the City Engineer and
Pw - Dev Svcs
a form approved by the City Attorney prior to approval of the Final Tract Map.
That the property owner/developer shall post a bond to the City for all required
COA 7 sewer improvements/upgrades, including the removal of any abandoned lines PW - Dev Svcs
and/or off site improvements.
That the property owner/developer shall execute a Subdivision Agreement, in a
form approved by the City Attorney, to complete the required public
COA 8 improvements at the property owner/developer's expense. Said agreement shall PW - Dev Svcs
be approved by the City Attorney and City Engineer and then recorded
concurrently with the Final Tract Map.
That the property owner/developer shall submit a maintenance covenant (the
"Covenant") to be approved as to form by the City Attorney's Office. The
Covenant shall include provisions for maintenance of public and private facilities
COA 9 as identified in Exhibit "E", "Development Requirements and Maintenance pW - Dev Svcs
Obligations" of the Development Agreement, including compliance with an
approved Water Quality Management Plan, provisions for maintenance of all
special surface improvements within the public right-of-way, and a maintenance
exhibit showing the boundaries of the maintenance area.
COA 10 That the property owner/developer shall pay the current City of Anaheim Arterial
Pw - Dev Svcs
Highway beautification/aesthetics impact fee.
COA 11 That the current City of Anaheim Platinum Triangle Drainage Impact Fee shall be Pw _ Dev Svcs
paid.
That the property owner/developer shall record an agreement with the property
COA 12 owner immediately to the east for the joint use of the emergency vehicular access PW - Dev Svcs
lane.
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COA/
MMP
Conditions of Approval Responsible for
Monitoring
Prior to approval of a final subdivision map or issuance of a grading or building
permit, whichever occurs first, the City Engineer shall review the location of each
project to determine if it is located within an area served by deficient drainage
facilities, as identified in The Platinum Triangle Drainage Study. If the project
will increase stormwater flows beyond those programmed in the appropriate
master plan drainage study for the area or if the project currently discharges to an
existing deficient storm drain system or will create a deficiency in an existing
storm drain, the property owner/developer shall be required to guarantee
MM 3-3 mitigation of the impact to adequately serve the area to the satisfaction of the City pW _ Dev Svcs
Engineer and City Attorney's Office. The property owner/developer shall be
required to install the drainage facilities, as required by the City Engineer to
mitigate the impacts of the proposed development based upon the Development
Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage
Study), prior to acceptance for maintenance of public improvements by the City or
final Building and Zoning inspection for the building/ structure, whichever occurs
first. Additionally, the property owner/developer shall participate in the `
Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as
determined by the City Engineer, which could include fees, credits,
reimbursements, construction, or a combination thereof.
The City Engineer shall review the location of each project to determine if it is
located within an area served by deficient sewer facilities, as identified in The
Platinum Triangle Sewer Study. If the project will increase sewer flows beyond
those programmed in the appropriate master plan sewer study for the area or if the
project currently discharges to an existing deficient sewer system or will create a
deficiency in an existing sewer line, the property owner/developer shall be
required to guarantee mitigation of the impact to adequately serve the area to the
satisfaction of the City Engineer and City Attorney's Office. The property
owner/developer shall be required to install the sanitary sewer facilities, as
MM 10-1 required by the City Engineer, to mitigate the impacts of the proposed pW _ Dev Svcs
development based upon the Benefit Parcels and Development Mitigation
(Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for
maintenance of public improvements by the City or final Building and Zoning
inspection for the building/structure, whichever occurs first. Prior to approval of a
final subdivision map or issuance of a grading or building permit for each
development project, whichever occurs first, the property owner/developer shall
be required to install the sanitary sewer facilities, as required by the City Engineer,
to mitigate the impacts of the proposed development based upon the latest updated
sewer study for The Platinum Triangle. Additionally, the property
owner/developer shall participate in the Infrastructure Improvement (Fee)
Program, if adopted for the project area, as determined by the City Engineer,
which could include fees, credits, reimbursements, construction, or a combination
thereof.
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COA/ Responsible for
MMP Conditions of Approval Monitoring
Prior to approval of a final subdivision map, the property owner/developer shall
contact Orange County Sanitation District (OCSD) regarding sewer capacity.
MM 10-3 Additionally, if requested by the OCSD, the property owner/developer shall place PW - Sanitation
up to three flow monitoring devices for up to a month to verify capacity and
ensure consistency with the OCSD's modeling results.
The property owner/developer shall post a bond guaranteeing that all traffic related
COA 13 street improvements shall be completed prior to final building and zoning
PW ' Traffic
inspection, including, but not limited to, directional signage, striping, and median
islands.
COA 14 That vehicular access rights to Katella Avenue, except at street intersections, shall PW _ Dev Svcs
be released and relinquished to the City of Anaheim.
Prior to approval of the final subdivision map, the property owner/developer shall
irrevocably offer for dedication (with subordination of easements), including
MM 9-5 necessary construction easements, the ultimate arterial highway right(s)-of-way PW - Dev Svcs
adjacent to their property as shown in the Circulation Element of the Anaheim
General Plan and consistent with the adopted Platinum Triangle Master Plan.
The property owner/developer shall post a bond to the City for the undergrounding
of all overhead electrical utility structures located on the property. All
COA 15 improvements/undergrounding shall be completed to coincide with the level of Electrical
development that would require this improvement, to the satisfaction of the
Anaheim Public Utilities Department and other utility companies.
The Final Tract Map shall indicate that any existing City of Anaheim public
COA 16 utilities easements that conflict with potential building footprints shall be Electrical
abandoned.
The property owner shall post a bond to the City for the installation of street lights
COA 17 on the Connector Street. Street lights shall be in accordance with the Platinum Electrical
Triangle Master Land Use Plan, as it may be amended. Street lights shall be
installed prior to the first final building and zoning inspection.
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COA/ Responsible for
MMP Conditions of Approval Monitoring
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COA 18 That this Tentative Tract Map No. 17186 is granted expressly conditioned upon planning
approval of Development Agreement No. 2007-00002.
That this Tentative Tract Map, shall be valid for a period of time coinciding with
COA 19 the timing set forth in Development Agreement No. 2007-00002, which provides
Planning
for the Platinum Vista project to be developed within five (5) years from the date
of adoption of the Development Agreement.
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
COA 20 other applicable City, State and Federal regulations. Approval does not include Planning
any action or findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
That 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
COA 21 established that satisfies the original intent and purpose of the condition(s), (ii) the
Planning
modification complies with the Anaheim Municipal Code and (iii) the applicant
has demonstrated significant progress toward establishment of the use or approved
development.
COA 22 That extensions for further time to complete conditions of approval may be Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
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