Resolution-PC 2008-33
RESOLUTION NO. PC2008-33
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR TENTATIVE TRACT MAP NO. 17219 BE GRANTED
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Tentative Tract Map No. 17219 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 Tract Map No. 17219 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 Parcel Map No. 2007-163 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 Tract Map No. 17219 is proposed to establish 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 bylaw 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 Tract Map
No. 17219, 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 feud and determine the following facts:
1. That the proposed tentative tract map, including its design and improvements, is
consistent with 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.
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.
-1- PC2008-33
• i
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 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 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 the event of an appeal.
C ~i,
- / i
CHA AN,' AHEIM PL ~ G COMMISSION
ATTEST:
~--~% //
SENI01~ SECRETARY, ANAHEIM PLANNING COMMISSION
_2- PC2008-33
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. -
SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-33
•
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 79-279, AS 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 CIlZCULATION 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- PC2008-33
• i
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 17219
Conditions of Approval
Responsible
COA/ for
MMP Conditions of Approval Monitoring
TIMING: FR IOR TO APPROVAL OF FINAL TRACT MAP
COA 1 The legal property owner shall execute a Subdivision Agreement, in a form approved PW -Dev
by the City Attorney, to complete the required public improvements at the legal Svcs
property owner's expense. Said agreement shall be submitted to the Public Works
Department/Development Services Division approved by the City Attorney and City
Engineer and then recorded concurrently with the Final Tract Map.
COA 2 That property owner/developer shall be responsible for ensuring that all existing Building
structures within the boundaries of the Final Tract Map shall be demolished. The
property owner/developer shall obtain a demolition permit from the Building PW -
Division of the Planning Department. Plans submitted for the demolition permit Sanitation
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 -Dev
development shall be privately maintained by property owner/developer prior to the Svcs
approval of the CC&Rs as required above.
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 property owner/developer shall submit a maintenance covenant (the PW -Dev
"Covenant") to be approved as to form by the City Attorney's Office. The Covenant Svcs
shall include provisions for maintenance of public and private facilities, including
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.
COA 7 That this Tentative Tract Map No. 17219 is granted expressly conditioned upon Planning
approval of General Plan Amendment No. 2007-00462, Reclassification No. 2007-
00210, Specific Plan Amendment No. 2007-00048, Tentative Parcel Map No. 2007-
16, Conditional Use Permit No. 2007-05242 and Final Site Plan No. 2007-00010.
-5- PC2008-33
• i
Responsible
COA1 for
MMP Conditions of Approval Monitoring
GENERAL
COA 8 That a final tract map shall be submitted to and approved by the City of Anaheim
and the Orange County Surveyor and then shall be recorded in the Office of the
Orange County Recorder.
COA 9 That property owner/developer shall be responsible for compliance with all Planning
mitigation 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 10 That approval of this application constitutes approval of the proposed request only Planning
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.
COA 11 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 12 That extensions for further time to complete conditions of approval may be granted Planning
in accordance with Section 18.60.170 of the Anaheim Municipal Code.
COA 13 That prior to the earlier of the conveyance of the first unit or the first final building Public
and zoning inspection, whichever occurs first, the property owner/developer shall Works
execute and record with the Orange County Recorder a declaration of covenants,
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.
-6- PC2008-33