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Resolution-PC 2008-32 RESOLUTION NO. PC2008-32 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE PARCEL MAP NO. 2007-163 BE GRANTED (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2007-163 for certain real property situated in The Anaheim Resort 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; and WHEREAS, Tentative Parcel Map No. 2007-163 is proposed in connection with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049, Conditional Use Permit No. 2007-05242, Final Site Plan No. 2007- 00010 and Tentative Tract Map No. 17219 to construct a mixed use project consisting of a 102- room hotel on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site (herein collectively referred to as the "proposed project actions"); and WHEREAS, Tentative Parcel Map No. 2007-163 is proposed to establish a 2-lot subdivision to separate the commercial and residential land uses to develop a 102-room hotel on the western 1.5-acre portion of the subject property and a 191-unit condominium complex on the eastern 3.3-acre portion of the subject property; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, 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 project actions, including Tentative Parcel Map No. 2007-163, and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the January 7, January 23, and February 4, 2008, hearings; 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 tentative parcel map, including its design and improvements, is consistent with the Commercial Recreation land use designation for the western 1.5-acre portion of the subject property and the proposed Mixed Use land use designation in the General Plan pursuant to General Plan Amendment No. 2007-00462, now pending, and proposed Mixed Use Overlay (RM-4 (MU) Overlay) zoning pursuant to Reclassification No. 2007-00210, now pending, for the eastern 3.3-acre portion of the subject property. _ 1 _ PC2008-32 • • 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; that one email message was submitted with concerns about building height and lighting; and that no letters were received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 154 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Parcel 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. _2_ PC2008-32 • • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 2008. 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 maybe replaced by a City Council Resolution in tl~,e event of an appeal. CHAIl~MAN~ANAHEIM P~/ANNING COMMISSION A SECRETARY, ANAHEIM PLANNING COMMISSION 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 February 20, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 3~d day of March, 2008. SENI(1R SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2008-32 • EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 2 OF PARCEL MAP NO. 79-279, A5 SHOWN BY MAP ON FILE IN BOOK 143 PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND 1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAP 80- 238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 IN BOOK 14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON- EXCLUSIVE RIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED RECORDED DECEMBER 1, 2000 AS INSTRUMENT NO.20000653858 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS INSTRUMENT NO. 00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -4- PC2008-32 • • EXHIBIT "B" TENTATIVE PARCEL MAP N0.2007-163 Conditions of Approval COA/ Responsible for MMP Conditions of Approval Monitoring TIMING: PRIOR ?'O APPROYALe OF FINAL PARCEL MAP COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved by PW - the City Attorney, to complete the required public improvements at the legal property Development owner's expense. Said agreement shall be submitted to the Public Works Services Department/Development Services Division approved by the City Attorney and City Engineer and then recorded concurrently with the Final Parcel Map. COA 2 That property owner/developer shall be responsible for ensuring that all existing Building structures within the boundaries of the Final Parcel Map shall be demolished. The PW -Sanitation property owner/developer shall obtain a demolition permit from the Building Division of the Planning Department. Plans submitted for the demolition permit shall include a demolition recycling plan which has been reviewed and approved by the Public Works Department, Streets and Sanitation Division. The demolition 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. COA 3 That sanitary sewer, private streets within the development, and storm drains for this PW - development shall be privately maintained by property owner/developer prior to the Development approval of the CC&Rs required herein. Services COA 4 That all parcels shall be assigned street addresses by the Building Division. Building COA 5 That street names for new private streets shall be reviewed and approved. Building COA 6 That the Final Parcel Map shall encompass the entire 4.8-acre project site and shall PW - include irrevocable offers of dedication, including necessary construction easements and Development easements for street, public utility and other public purposes, for the ultimate right-of- Services way improvements for the project site frontage along Harbor Boulevard. Irrevocable offers of dedication shall be made prior to recordation of the Final Parcel Map. COA 7 That the property owner/developer shall submit a maintenance covenant (the PW - "Covenant") to be approved as to form by the City Attorney's Office. The Covenant Development shall include provisions for maintenance of public and private facilities, including Services compliance with an approved Water Quality Management Plan, and a maintenance exhibit showing the boundaries of the maintenance area. The covenant shall be recorded concurrently with the final map. _5_ PC2008-32 • • COA/ Responsible for MMP Conditions of Approval Monitoring COA 8 That the property owner/developer shall submit mass grading, street, sewer, storm PW - drain and landscape (including street tree and shrubs) improvement plans for the Development public improvements along Harbor Boulevard prepared to the satisfaction of the City Services Engineer. COA 9 Improvement bonds shall be posted in amounts approved by the City Engineer and a PW - form approved by the City Attorney prior to approval of the Final Parcel Map. Development Services COA 10 That vehicular access rights to Harbor Boulevard, except at street intersections, shall PW - be released and relinquished to the City of Anaheim. Development Services COA 11 That the Final Parcel Map shall indicate that any existing City of Anaheim public Electrical utility easements that conflict with potential building footprints shall be abandoned. GENERAL COA 12 That this Tentative Parcel Map No. 2007-13 is granted expressly conditioned upon Planning approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007- 00210, Specific Plan Amendment No. 2007-00049, Tentative Tract Map No. 17219, Conditional Use Permit No. 2007-05242 and Final Site Plan No. 2007-00010. COA 13 That a final parcel map shall be submitted to and approved by the City of Anaheim PW - and the Orange County Surveyor and then shall be recorded in the Office of the Development Orange County Recorder. Services COA 14 That property owner/developer shall be responsible for compliance with all mitigation Planning measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Program No. 154 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. COA 15 That approval of this application constitutes approval of the proposed request only to Planning 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. _6_ PC2008-32 COA/ Responsible for MMP Conditions of Approval Monitoring COA 16 That timing for compliance with conditions of approval maybe amended by the Planning 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA 17 That extensions for further time to complete conditions of approval may be granted in Planning accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 18 That prior to the earlier of the conveyance of the first unit or the first final building PW - and zoning inspection, whichever occurs first, the property owner/developer shall Development execute and record with the Orange County Recorder a declaration of covenants, Services conditions and restrictions ("CC&R") satisfactory to the California Department of Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financial mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for areas designated for maintenance by the individual owner of the unit as specified in the CC&R's. _7_ PC2008-32