Resolution-PC 2008-61RESOLUTION NO. PC2008-61
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 PR07ECT AND
APPROVING TENTATIVE TRACT MAP NO. 17241
(2100 EAST ORANGEWOOD AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Tentative Tract Map for certain real property situated in The Platinum Triangle azea of the City of
Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, Tentative Tract Map No. 17241 is proposed to establish a four-lot 689-
unit airspace residential condominium subdivision; and
WHEREAS, Tentative Tract Map No. 17241 is proposed in connection with
Conditional Use Permit No. 2007-05284, Development Agreement No. 3007-00006 and
Miscellaneous Case No. 2008-00246; and
WHEREAS, 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 Tentative Tract Map No. 17241, 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 detennine the following facts:
l. That the proposed tentarive tract map, including its design and improvements, is
consistent with the Anaheim General Plan and The Platinum Triangle Master Land Use Plan.
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.
WHEREAS, the City Council certified Final 3ubsequent Enviromnental Impact
Report No. 334 in connection with The Platinum Triangle Expansion Project in Apri12008. The
Council also approved a Statement of Findings a~id Fact 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 evvirorunental unpacts azid mitigation measures
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associated with those activities that would be undertaken pursuant to and in furtherance of The
Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 152 includes mitigation
measures from the MMMP No. 106B that is applicable to the proposed project. Therefore, FSEIR
No. 334, together with Mitigation Monitoring Plan No. 152, 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 acfions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheun Planning Commission
for the reasons hereinabove stated does hereby approve Tentative Tract Map No. 17241 to permit a
four-lot (one lettered lot and tYuee numbered lots) residential condominium subdivision upon the
following conditions which aze hereby found to be a necessary prerequisite to the proposed use of
the subject property in order to preserve the health, safety and general welfaze of the Citizens of the
City of Anaheim:
No. Conditions of Approval Responsible for
{MM means Mitigarion Measure) Monitoring
TIMING: PI tZOR TO EfPPROVAL QF FINA~ TRACT MAF
1 That street names for new private streets shall be reviewed and approved. Buildin
S
That the property owner/developer shall be responsible for ensuring that all
~
` existing shvctures 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 Plamiing Department. Plans Building
submitted for the demolition permit shall include a demolition recycling
plan which shall be reviewed and approved by the Public Works PW - 5anitation
Deparhnent, 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 ]andfilled.
3 That the Final Tract Map shall encompass the entire 6.93-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 ultunate right-of-way unprovements for the arterial
' highways along Orangewood Avenue. Irrevocable offers of dedication
shall be made prior to recordation of the Final Tract Map.
PW - Dev Svcs
4 That the property owner/devaloper shall submit mass grading, street,
sewer, storm drain and landscape (including street tree) improvement plans PW _ Dev Svcs
for the public improvements aloug Orangewood Avenue prepared to the
satisfaction of the City Engineer.
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No. Conditions of Approval Responsible for
(MM means Mitigation Measure) Monitoring
5 That improvement bonds shall be posted in amounts approved by the City _
PW - Dev Svcs
Engineer and a form approved by the City Attorney prior to approval of the
Final Tract Map.
6 That the ptoperty owner/developer shall post a bond to the City for all
required sewer improvements/upgrades, including the removal of any pVV - Dev Svcs
abandoned ]ines and/or off site improvements.
~ That the properry owner/developer shall execute a Subdivision Agreement,
in a form approved by the City Attomey, to complete the required public
improvements at the property owner/developer's expense. Said agreement PW - Dev Svcs
shall be approved by the City Attomey and City Engineer and then
recorded concurrently with the Final Tract Map.
8 That the property owner/developer shall submit a maintenance covenant
(the "CovenanY') to be approved as to form by the City Attorney's Office.
The Covenant shall include provisions for maintenance of public and
private facilities as identified in E~ibit "E", "Development Requirements pW _ Dev Svcs
and Maintenance 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 e~ibit showing the boundaries of the
maintenance azea.
9 That the property owner/developer shall pay the current City of Anaheun
Pw - Dev Svcs
Arterial Highway beautification/aesthetics impact fee.
10 That the current City of Anaheim Platinum Triangle Drainage Impact Fee PW _ Dev Svcs
shall be paid.
11 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 deterrnine if it is located within an azea served
(MM 3-3) by deficient drainage facilities, as identified in The Platinum Triangle
Drainage Study. If the project will increase storm-water 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 guazantee mitigation ofthe pW _ Dev Svcs
impact to adequately serve the azea to the satisfaction of the City Enb neer
and City Attorney's Office. The property owner/developer shall be
required to install the drainage facilities, as required by the City Engineer
to miti ate the im acts of the ro osed develo ment based u on the
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No. Conditions ofApproval
(MM means Mitigation Measure) Responsible for
Monitoring
' 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.
1 ~ The City Engineer shall review the location of each project to determine if
it is located within an area served by deficient sewer facilifies, as identified
in The Platinum Triangle Sewer Study. Ifthe project will increase sewer
(MM 10-1) flows beyond those programmed in the appropriate master plan sewer
study for the area or if the project currently discharges to an ea~sting
deficient sewer system or will create a deficiency in an existing sewer line,
the properiy owner/developer shall be required to guazantee mitigation of
the irnpact to adequately serve the azea to the satisfaction of the City
Engineer and City Attomey's Office. The properiy owner/developer shall
be required to install the sanitary sewer facilities, as required by the City pW _ Dev Svcs
Engineer, to mifigate the impacts of the proposed development based upon
the Benefit Parcels and Development Mitigation (Appendix D of The
Platinum Triangle Sewer Study), prior to acceptance for maintenance of
public unprovements 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 occuxs first, the properiy owner/developer '
shall be required to install the sazutary 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 azea,
as determined by the City Engineer, which could include fees, credits,
reimbursements, conshvction, or a combination thereof.
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13 Prior to approval of a final subdivision map, the property owner/developer -
shall contact Orange County Sanitation District (OCSD) regazding sewer
capacity. Additionally, if requested by the OCSD, the property PW - Sanitation
(MM 10-3) owner/developer shall place up to three flow monitoring devices for up to a
month to verify capacity and ensure consistency with the OCSD's
modeling results.
14 That the property owner/developer shall post a bond guaranteeing that all
traffic related street improvements shall be completed prior to final pw _ Traffic
building and zoning inspection, including, but not limited to, directional
signage, shiping, and median islands.
15 That vehiculaz access rights to Orangewood Avenue, except at street pW _ Dev Svcs
intersections, shall be released and relinquished to the City of Anaheim.
16 Prior to approval of the final subdivision map, the property
owner/developer shall irrevocably offer for dedication (with subordination
of easements), including necessary wnstruction easements, the ultimate PW - Dev Svcs
(MM 9-5) arterial highway right(s)-of-way adjacent to their property as shown in the
Circulation Element of the Anaheim General Plan and consistent with the
adopted Plarinum Triangle Master Flan.
1 ~ That the property owner/developer shall post a bond to the City for the
under-grounding of all overhead electrical utility structures located on the
property. All unprovements/under-grounding shall be completed to Electrical
coincide with the level of development that would require this
improvement, to the sarisfacrion of the Anaheun Public Utilities
Department and other utility companies.
18 The Final Tract Map sha11 indicate that any existing City of Anaheim
public utiliries easements that conflict with potential building footprints Electrical
shall be abandoned.
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GENERAL
19 That this Tentative Tract Map No. 17241 is granted expressly conditioned
Planning
upon approval of Development Agreement No. 2007-00006.
~~ That this Tentative Tract Map, shall be valid for a period of time coinciding
with the timing set forth in Development Agreement No, 2007-00006, which planning
provides for the Alexan Orangewood project to be developed within five (5)
years from the date of adoption of the Development Agreement.
21 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 Planning
not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
~2 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 established that satisfies the original intent and purpose of the Planning
condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated siguficant progress towazd
establishment of the use or approved development.
23 That extensions for fi~rtlier time to complete wnditions of approval may be
Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVEP that the Anaheim Planning Gomrnission does hereby
find and deternune that adopfion of this Resolurion 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 declazed 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
chazges 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 chazges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 12, 2008. Said resolurion is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertainin~ to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAI~MA~, ANAHEIM P~i,7lNN1NG COMMISSION
v
ATTEST;
OFFICE SP~,CIALIST, ANAHEIM PLANNING DEPARTMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution was
passed and adopted at a meeting of the Anaheun Plauning Commission held on May 12, 200$, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: CONIMI3SIONERS: ICARAICI
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2008.
~ ~.I 1
OFFICE SPE~~ALIST, ANAHEIM PLANNING DEPARTMENT
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Subject Property
Conditional Use Permit No. 2007-05284
Tentative Tract Map No. 1724
Development Agreement No. 2007-00006
Miscellaneous No. 2008-00246
2100 East Orangewood Avenue iosa~