Resolution-PC 2012-020RESOLUTION NO. PC2012 -020
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THE PREVIOUSLY APPROVED FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NO. 339 TOGETHER WITH MITIGATION
MONITORING PROGRAM NO. 106C SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL
APPROVAL OF MODIFICATION NO. 1 TO DEVELOPMENT AGREEMENT NO. 2007-
00002 BY AND BETWEEN THE CITY OF ANAHEIM AND RONALD W. MARSHALL
AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST, AND SEE
DEVELOPMENT LIMITED PARTNERSHIP.
(DEV2012- 00024)
WHEREAS, the City of Anaheim and Ronald W. Marshall and Deborah L.
Marshall Trust, dated January 7, 1989, The Marshall Family Trust, dated February 14, 2000, and
See Development Limited Partnership ( "Owner ") entered into that certain Development
Agreement No. 2007 -00002 and recorded in the Official Records of the County of Orange,
California on March 20, 2008, as Instrument No. 2008000129034 (the "Development
Agreement ") with respect to that certain real property situated in the City of Anaheim, County of
Orange, State of California, as described in Exhibit "A" attached hereto and incorporated herein
by this reference. A copy of the Development Agreement is on file in the Office of the City
Clerk of the City of Anaheim; and
WHEREAS, the Development Agreement provides for the development of a 327
unit mixed use residential condominium project with a 9,500 square foot full - service restaurant
with outdoor dining area, as more particularly described in Final Site Plan No. 2007 -00011 and
Conditional Use Permit No. 2007 - 05248; and
WHEREAS, pursuant to Section 18 of the Development Agreement and Chapter
18.60 of the Anaheim Municipal Code, Owner submitted a request to extend the Term of the
Development Agreement, as described in subsection 2.1 of the Development Agreement, from a
period of five (5) years to a period of ten (10) years ( "Modification No. 1 "); and
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim on
April 9, 2012, at 5:00 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 modification to Development Agreement and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of and based upon all of the
evidence and reports offered at said hearing, does find and determine that said modification to
Development Agreement meets all the requirements set forth in Resolution No. 82R -565 (the
"Procedures Resolution "), which was adopted by the City Council on November 23, 1982:
1 PC2012 -020
1. The Project is consistent with the City's General PIan in that it is in conformance
with the General Plan Mixed Use land use designation and with the goals, policies and objectives
as set forth in the General Plan.
2. The Project is compatible with the uses authorized in and the regulations
prescribed for the applicable zoning district in that the Project is in compliance with the Platinum
Triangle Mixed Use Overlay requirements.
3. The Project is compatible with the orderly development of property in the
surrounding area in that it is in conformance with and implements the Platinum Triangle Mixed
Use Overlay Zone requirements.
4. The Project is not otherwise detrimental to the health and safety of the citizens of
the City of Anaheim.
5. The Development Agreement constitutes a lawful, present exercise of the City's
police power and authority under the Procedures Resolution.
WHEREAS, that the Planning Commission has reviewed the proposal and does
hereby find that the previously approved Final Subsequent Environmental Impact Report No.
339, together with Mitigation Monitoring Program No. 106C, is adequate to serve as the required
environmental documentation for said modification to Development Agreement and satisfies all
the requirements of California Environmental Quality Act; and that no further environmental
documentation need be prepared for said modification to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Planning Commission does hereby recommend that the City Council
approve and adopt Modification No. 1, as described above.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon compliance with
each and all of the conditions set forth in the Development Agreement, as amended. 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. Failure to pay all charges shall result in the revocation of the
approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 9, 2012. 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.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
Yt&�'t rn ��
CHAIRMAN PRO TEMPORF?ANAHEIM CITY PLANNING COMMISSION
•
SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on April 9, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of April 2012.
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
3 - PC2012 -020
PARCEL 1:
PARCEL 2:
EXHIBIT "A"
(Legal Description of the Property)
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
4 PC2012 -020
Exhibit "B"
DEV NO. 2012 -00024
APN: 082 - 261 -27
082 - 261 -28
el
276'
306'
E KATELLA AVE
30'
CI)
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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PC20] 2 -020