Resolution-PC 2008-68RESOLUTION NO. PC2008-68
A RE50LUTION OF THE ANAHEIM PLANNING COMMISSION
I7ETERMINING THAT EIR NO. 189 - ADDENDUM TO ICOLL ANAHEIM CENTER
(PREVIOUSLY CERTLFIED) IS THE APPROPRIATE ENVIRON_MENTAL
DOCUMENTATION FOR THE PROJECT Ari'D APPROVING
TENTATIVE TRACT MAP NO. 17251
(203 SOUTH ANAHEIM BOULEVARD,
290 SOUTH LEMON STREET, AND 1 SO WEST CENTER STREET)
WH~REAS, flie Anaheim Planning Commission did receive a verified Petition
for a Tentative Tract Map for certaiv real property situated in the City af Anaheim, Counry of
Orange, State of Califomia, shown on Exiiibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, Tentarive Tract Map No. 17251 is proposed to estaUlish a 14-lot (1-
lettered and 13-numUered) airspace subdivisiou for an eaisting mixed use project; and
WHEREAS, dus properiy is developed with a mixed use project consisriug of a
public plaza on tlie podium deck, a parkiug structure below the podium declc, and three separate
buildings constructed above the podium deck. The property is zoned General Conunercial,
Downtown Mixed Use Overlay (GG (DMCT)). The General Plan desi~nates the subject properry
and adjacent properties for Mixed Use land uses; and
WHEREAS, fl~e Plauning Commission did ho(d a public hearing at the Civie
Center in the City of AnaheiLn on June 23, ?008, at 2:30 p.m., uofice of said public hearing
havuig Ueen duly given as required by law and in accordaz~ce wifli the provisions of fl~e Anaheim
Municipal Code, Chapter 18.60, to hear and consider e~ridence for and against said proposed
couditional use permit and ko investigate and make findi~igs and recommendations in connection
ttiarewith; and
WHER~AS, said Commission, after due inspection, investigation and study made
Uy itself and in its behalf, and after due consideration of all evidence aud reports offered at said
hearing, does fmd and determine the following facts:
1. ThaY the proposed tentative tract map, including its design and unprovements, is
consistent with the AnaUeim Geueral Plan and the General Commercial (C-G), Downtown
Mixed Use (DMi~ Overlay zone.
2. Tl~at the site is physically suitable for the proposed type of development at the
proposed density and tl~erefore, would not cause public health or safery problems or
enviromnental damage.
3. That no one indicated flieir presence at said public hearing in opposition; and U~at
no cosespondence was received in oppositiou to the subject pelition.
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WHEREAS; the City Council certified Enviroiunental Impact Report No. I89 and
Addendum iu comiection with the Koll Anaheim Center. This EIR ancl Addendum was
previously-cQnsidered by the Planning Commissioa~ in July of 1994, in couuection with approval
of CUP 3695 (Disney Ice Riiilc) and in Juve of 1990, in connection wiYh approval of CUP 3286
(Koll Anaheim Centex), Reclassificatiou No. 89-90-59, and Development Agreement No. 90-L
The Anaheim Center is a portion of the larger powntown Sub-area of Redevelopment Project °
Alpha. dver time, a series of environmental documents have been certif ed in cormection with
various redevelopment activities wiflun the Downtown Sub-area of Redevelopment Project
Alpha. The previously-certified anviromixenta] documents consist of Final Subsequent EIR for
the Second Amendment to fhe Redevelopment Plan for Redevelopment Project Alpha (1976);
Supplemental EIR for Project Alpha Parcel 10 (1983); Subsequent EIR for Parcels 8 and 9
(1953); and the most recei~t Addendum to the Koll Anaheim Center (1990). The Addendum for
Koll Anaheim Center summarized and evaluated tl~e approved mitigation measures from the
previously-certified E1R's that directly related to the Koll Anaheim Center project and included
additional traffic and sewer analysis. The previously-approved environmental documents are
considered to have evaluated fhe worst case scenario. As a result of this previous certification,
flie Koll Anaheuu Center is cunently entitled for 1;189,000 square feet of iocal development,
including office, restaurant, retail, theater and hotel uses. However, fl~e amount of development
that has actually occurred withiu the Koll Anaheim Cencer to date only Yotals approximately
560,000 square feet, including office, retaiUrestaurant and recreatioual (ice rinlc) uses.
Therefore, flie actual scope of develoPinent on Parcels A, B, C and D is within the worst-case
Ytuesholds analyzed in the previously-certified enviroiunental documentation. Therefore, the
previously-certified L-IR No. 189 and Addenduxn is adequate to serve as the required
euviromnenfal documentation for this proposal and satisfies all of the requirements of CEQA,
uid no further environmenfal documentarion need be prepared for the proposed project acrions.
NOW, TF3EREFORE, BE IT RESOLVED that the Anaheim Plamiing Commission for
the reasons hereinabove stated does liereby grant subject PetiYion for Tentative Tract Map No.
17251 upon tlie following conditions which are hereby found to be a necessary prerequisite to
tl~e proposed use of d~e subject properiy in order to preserve the health, safety and general
weifare of the Citizens of die City of Anaheim:
No.
Canditions of Approval Responsible
for
Mo~titoriu~
PRIOR TO ;4PPROI~AL O.F FIIY~IL TR4CT MAP
1 That an unsuUordinated restricted covenant providing reciprocal Planning
access and parlcing, approved by the Planning Departnient and
in a form satisfactory to the City Attorney, shall be reeorded
witl~ the Office of the Orange County Recorder. A copy of tl~e
recorded coveuant shall then be subinitted to the Planning
Departmeut. In addition, provisions shall be made in the
cavenant 1o guarantee tl~at the entixe complex shall be managed
and maintained as o~.ie (1) integral pazcel for purposes of
Parking, velucular circulation, signage, maintenance, land usage
azid architectural control, aud that the coveuant sliall be
referenced iv all deeds transferring all or any part of the interest
in the property.
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2 The final inap shatl be suUmitted to and approved by the City of Public
Anaheuu and the Oranoe County Surveyor and then shall be Works
recorded in the Office of the Orange County Recorder
(Subdivisioi~ Map Act, Secuon 66499.40).
3 That timing for compliance wittx condikions of approval may 6e Planning
amended by the Planning Director upon a showing of goad
cause provided (i) equivalent timing is established that satisfies
#he original intenY and purpose of the eondition(s), (ii) the
modification complies witlt the Anaheini Municipal Code and
(iii) t$e applicant has demonstrated significant proa ess toward
establislunent of the use or approved development.
4 That extensio~3s For further tuue Co com~lete conditions of Planning
approval may be graz~ted in accordance with Section 18.60.170
of the Anaheim DZunicipal Code.
5 That approval of this application constitutes approval of the Planning
proposed request only to tlie extent that it complies with the
Analieim Municipal Zoning Code and any other applicable Ciry,
State and Federal regulations. Approval does uot include any
action or fivdings as to compliance or approval of die request
regarding any other applicable ordinance,regulation or
requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Coinruission does
hereUy find and deterniine that adoption of this Resolution is expressly predicated upon
applicant's coinpliance witli each and all of the conditions hereinabove set forth. S}iould any
such condition, or any pazt thereof, be declared invalid or unenforceable Uy the fiual jud~nent of.
any court of cornpetentjurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FIIFZTHER RE50LVED that the applicant is responsible for paying all
charges related to the processiug of this discretionary case application within 15 days of the
issuance of the fiual invoice or prior to the issuance of Uuilding permits for this project,
whichever occurs first. Failure to pay all charges sha11 result in delays in Uie issuance of required
permits or fhe revocation of Che approval of this application._
TEi~ FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 33, 2008. Said resolution is subject to the appeal provision~ set forth in Chapker
18.60, "Zoning Provisions - General" of flie Anaheim Municipal Code pertaining to appeal
procedures and may be replaced Uy a City Council Res uiion in Uie ent of an appeal.
CHAI MAN NAH~TM PLA G COMMISSION
ATTEST: ~
SENIOR S~RETARY, ANAHEIM PLANNING COMMISSION
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STAT~ OF CALIFORNIA )
COLINTY OP ORANGE ) ss.
CITY OP ANAHEIlVI )
I, Grace N[edina, Senior Secretary of Che Analieim Pluuung Commission, do hereUy
certify chaf the foregoing resolution was passed and adopted at a uieeting of tlie Anaheim '
Planning Comn7ission held oi1 June 23, 2008, iry the following vote of the memUers tliereof:
AY~S: COMIvfISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO,VELASQUEZ
NO~S: COMMISSIONERS: NONE
ABS~NT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOP, I liave hereunto set ii~y ha~~d ~his 3`a day of July, 2008.
' wc,-- (/e_.•
SEN10R SE ETARY, ANAHEIM PLANNING COMMISSION
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June 23, 2008
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