Resolution-PC 2008-59RESOLUTION NO. PC2008-59
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL
DOCUMENT FOR THE PROJECT AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05304
(905-917 EAST ICATELLA AVENUE)
WHEREA3, the Anaheun Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in The Platinum Triangle of the City of
Anaheim, County of Orange, State of California, shown on E~ibit A attached hereto and
incorporated herein by this reference; and
WHEREAS, the PTMiJ Overlay Zone, Chapter 18.?0 of the Anaheim Municipal Code,
does provide for the modification of setback requirements in connection with a conditional use permit;
and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit to modify the minimum structural setbacks to construct a mixed use
development consisting of 320 dwelling units, a 209,419 squaze foot office building with a 5,586
square foot restaurant with a 1,715 squaze foot outdoor dining azea and 4,381 squaze foot of retail
space, and a 138-room hotel with 2,225 square feet of accessory office area, 1,784 square feet of hotel
serving retail, 8,329 square feet of food uses and 4,347 square feet of banquedmeeting space for
certain real property and to permit the office building to have a shvctural height of up to 2ll feet; and
WHEREAS, Conditional Use Permit No. 2008-05304 is proposed in connection
with Development Agreement No. 2008-00002; and
WF3EREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 12, 2008 at 230 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 heaz and consider evidence for and against said proposed project
actions, including Condirional Use Perrnit No. 2008-05304~ and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself aud in its behalf, and after due consideration of ail evidence and reports offered at said hearing,
does find and detennine the following facts:
l. That the proposed modification of minimum structural setbacks to construct a
inixed use development is properly one for which a conditional use permit is authorized under Code
Section No. 18.20.090.050 of flie Anaheim Municipal Code.
3. That the proposed 211-foot shuctural height for the office building is pro~erly one
for which a conditional use permit is authorized under Code Secrion No. 18.20.050 of the Atiaheim
Municipal Code.
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3. That the proposed structural height will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located. A shade and
shadow study demonstrates that the adjacent sensitive uses would not be impacted more than 50% of
the day, and would comply with required mitigation for the project.
4. That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the azea in which it is proposed to be located because the proposed project
is compatible with existing and surrounding land uses and the minor deviations from the Code would
still achieve a project with azchitecturally enhanced elevations and layered landscaping, and fiirther
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).
5. 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 deh-imental to either the particulaz area or to the
health and safety of the citizens of the City of Anaheim.
6. That the fraffic 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 Impact Analysis dated February 2008, reviewed and approved
by the City Traffic and Transportation Manager and that the required infrastructure improvements
along the adjacent streets will be consh-ucted in connection with the project and the project will
comply with the mitigation measuras set forth in Mitigation Monitoring Plan No. 153 for the project.
7. That the granting of the conditional use permit under the conditions imposed will
not be deri-imental to the health and safety of the citizens of the City of Anaheim.
8. That no one indicated their presence at said public hearing in opposition; and that
no conespondence was received in opposition to the subject petition.
WHEREAS, the City Council certified Final Subsequent Environmental Impact Report
No. 334 in connecrion The Platinum Triangle Expansion Project in April 2008. The Council also
approved a Statement of Findings and Fack and Overriding Considerations and the Updated and
Modified Mitigation Monitoring Program No. 106B (MMMP No. 106) in conjunction with the Final
SEIR. The Final SEIR addressed the environmental impacts and mitigation measures associated with
those acrivities that would be undertaken pursuant to and in furtl~erance of The Platinum Triangle
Expansion Project. Mitigation Monitoring Plan No. 153 includes mitigation measures from MMMP
No. 106B that are applicable to the proposed project. Therefore, FSEIR No. 334, together with
Mitigation Monitoring Plan No. 153, aze adequate to serve as the required environmental
documentation for this proposal and satisfy all of the requirements of CEQA, and that no further
enviromnental documentation need be prepared for the proposed project actions.
NOW, THEREFO~E, BE IT RESOLVED that the Anaheim Planning Commission
does hereby approve Conditional Use Permit No. 2008-05304, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of tlie subject property in order to
preserve Uie health, safety and general welfare of the Citizens of the City of Anaheim:
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COA Conditions of Approval Responsible ~
for
Monitorin
TIMING: PRIOR TOZSSUANCE'OFBUILDING PERMITS
1 That plans shall indicate compliance with the building setbacks Planning
identified in E~ibit Nos. i through 39 of Final Site Plan No. 2008- ~
00001.
GENERAL CONDITIONS
2 That subject property shall be developed substantially in accordance Planning
widi Development Agreement No. 200&00002, and as conditioned
herein.
3 That this conditional use permit sha11 be valid for a period of time Planning
coinciding with the timing set forth in Development Agreement No.
2008-00002.
4 That approval of this applicarion constitutes approval of the Planning
proposed request only to the extent that it coinplies with the
Anaheim Municipal Zoning Code and any other app]icable City,
State and Federal regulations. Approval does not include any action
or findings as to compliance or approval of the request regarding
an otUer a licable ordinance, re lation or re uirement.
BE IT 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. 3hould any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of coinpetent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible
for paying all chazges 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 pennits, whichever occurs first.
Failure to pay all charges shall xesult in delays in the issuance of required permits or the revocation of
the approval ofthis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 12, 2008. 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 Caty Council Resolution in the event of an appea~.. ,
CHAIRMAd~T/, ANAHEIM~Z/ANNING COMMISSION
~/
ATTEST:
OFFICE SP~]I1-1LIST, ANAHEIM PLANNiNG DEPARTMENT
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY pF ANAHEIM )
I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution was
passed and adopted at a meeting of the Anaheim Planning Commission held on May 12, 2008, by the
following vote of the members thereo£
AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ICARAICI
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~008.
n (`~! I .
OFFICE
PLANNING DEPARTMENT
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Item No. 5
IND. FIRMS ~ ~
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ORANGECOUNTV ~JJ
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> IND. FIRMS
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PLATINUM TRIANGLE MIXED -USE
OVERLAYZONE
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ORANGECOUNTV
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REGISTER
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'~ RCL99-00-15
: RCL 66-67 36 IND. FIRMS
~! RCL 66-67-14
°' 'I RCL 60-61-113
°' : RCL 55-56 19
'~~. RCL 54-55-42
'~~.. CUP 2008-05304
o.~ '+DAG 2008-0~002 ~
KATELWLEWIS MIXED RETAIL/OFFICE USE'~:
CENTER ~
RESTAURANT
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KATELLA AVENUE
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May 12, 2008 A
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Conditional Use Permit No 008-05304 ~ ~ W
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Development Agreement No. 2008-00002 w E~E~Ea~ra~wa~
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EORANGEWOO~AVE ~
905-917 East Katella Avenue roasa