Resolution-PC 2012-042RESOLUTION NO. PC2012 -042
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT FINAL ENVIRONMENTAL IMPACT REPORT NO.
335, TOGETHER WITH MITIGATION MONITORING PROGRAM NO. 143,
SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT
NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006 -00004 BY AND
BETWEEN THE CITY OF ANAHEIM AND AMB PLATINUM, LLC.
(DEV2012- 00036)
WHEREAS, on September 11, 2007, the. City of Anaheim and AMB Property, L.P., a
Delaware limited partnership, entered into that certain Development Agreement No. 2006-
00004, which was recorded in the Official Records of the County of Orange, California on
November 16, 2007 as Instrument No. 2007000687363 (the "Development Agreement') with
respect to that certain real property located at 1969 South State College Boulevard in the City of
Anaheim, County of Orange, State of California, which real property is more particularly
described in Exhibit A and generally depicted on the map attached hereto as Exhibit B (the
"Property ") attached hereto and incorporated herein by this reference.
WHEREAS, subsequent to recordation of the Development Agreement, AMB Property,
L.P. conveyed its right, title and interest in and to the Property to AMB Platinum, LLC, a
Delaware limited liability company ( "Owner "); and
WHEREAS, the Development Agreement provided for the development of a mixed -use
project consisting of up to 1,208 residential units, up to 50,000 square feet of retail/commercial
uses, up to 100,000 square feet of office uses, a 1.7 acre public, park, and related improvements
(the "Project "); and
WHEREAS, pursuant to Section 21 of the Development Agreement and Chapter 18.60 of
the Anaheim Municipal Code, Owner submitted a request to revise the provisions for
development milestones and to extend the Term of the Development Agreement from a period of
five (5) years to a period of ten (10) years ( "Amendment No. 1), subject to two (2) additional
five -year extensions; and
WHEREAS, the Planning Commission (hereinafter referred to as the ('Planning
Commission ") conducted a public hearing for the proposed Amendment No. 1 at the Civic
Center in the City of Anaheim on July 2, 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 Chapter 18.60 of the
Anaheim Municipal Code, and considered information presented by City staff and evidence for
and against the proposed Amendment No. 1; and
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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
testimony, evidence and reports offered at said hearing, does find and determine that the
proposed Amendment No. 1 meets all of the requirements set forth in Resolution No. 82R -565
(the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982;
that is:
1. The proposed Amendment No. 1 is consistent with the City's General Plan in that
it is in conformance with the General Plan Mixed Use land use designation for the Property and
with the goals, policies, programs and objectives specified in the General Plan.
2. The proposed Amendment No. 1 is compatible with the uses authorized in, and
the regulations prescribed for, the applicable zoning district in which the Project is and will be
located, and is consistent with the Platinum Triangle Mixed Use Overlay requirements.
3. The proposed Amendment No. 1 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 proposed Amendment No. 1 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim.
5. The approval of proposed Amendment No. 1 constitutes a lawful, present exercise
of the City's police power and authority under the Procedures Resolution.
WHEREAS, due to the nature of the proposed Amendment No. 1, this Planning
Commission finds and determines that (i) Final Environmental Impact Report No. 335, together
with Mitigation Monitoring Program No. 143, serves as the appropriate environmental
documentation for the proposed Amendment No. 1 and satisfies all the requirements of the
California Environmental Quality Act ( "CEQA "); (ii) none of the conditions described in
Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a
subsequent or supplemental EIR have occurred in connection with the proposed Amendment No.
1; and (iii) no further environmental documentation needs to be prepared under CEQA for the
proposed Amendment No. 1.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council
approve and adopt Amendment No. 1 in the form presented at this meeting.
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 a final judgment of any
court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall
be deemed null and void.
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BE IT FURTHER RESOLVED that the Owner is responsible for paying all charges
related to the processing of this discretionary case application within fifteen (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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 2, 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:
CHAIRMAN, ANAHEIM CITY kANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 July 2, 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 2 "d day of July 2012.
v
SENIOR SVC4ETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY CALIFORNIA..
EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO
STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 22, 1999 AS
INSTRUMENT NO. 19990124177.
[Assessor's Parcel Number 083 - 290 -88]
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EXHIBIT `B"
DEV NO. 2012 -00036
APN: 083 - 290 -88
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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