Resolution-PC 2012-063RESOLUTION NO. PC2012 -063
A RESOLUTION OF THE ANAHEIM CITY PLANNING
COMMISSION APPROVING VARIANCE NO. 2012-04909
AND MAKING FINDINGS IN CONNECTION THEREWITH
(LNR PLATINUM STADIUM, LLC)
(DEV2012- 00014)
WHEREAS, the Anaheim City Planning Commission (the 'Planning Commission ") did
receive a verified Petition for Variance No. 2012 -04909 to permit a park smaller than allowed by
the Anaheim Municipal Code (the "Code ") for that certain real property consisting of
approximately 14.8 acres and located at 2050 South State College Boulevard and 2015 -2125 East
Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as more
particularly described in Exhibit B ", attached hereto and incorporated herein by this reference
(the 'Property "), as part of the development of the Property with 525 residential units within
eight buildings up to 4- stories in height with subterranean parking and related improvements (the
'Project "); and
WHEREAS, the Property is presently developed with one warehouse building to be
demolished and vacant land and is located in the Industrial (I) PTMU (Platinum Triangle Mixed
Use) Overlay Zone. The Anaheim General Plan designates this Property for Industrial land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 10, 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
"Procedures" of the Code, to hear and consider evidence for and against said proposed variance
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, this Planning Commission finds and determines that (i) Final
Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304,
serves as the appropriate environmental documentation for the proposed variance 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
variance; and (iii) no further environmental documentation needs to be prepared under CEQA for
the proposed variance; and
WHEREAS, the Planning 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 with respect to the request for the variance to permit a park smaller than allowed by
the Zoning Code as follows:
SECTION NO. 18.20.110.010.0101 Minimum required park size
( 23.100 square foot park required;
20,899 square foot park proposed)
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WHEREAS the Planning Commission does hereby find and determine the following
facts:
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity because the northeast portion of this parcel is irregularly shaped and
not practical for park use. Further, the property has an easement that traverses the property
requiring that the project be designed around the easement in order to maintain required open
and unobstructed access to the easement area. The provision for enhanced Park amenities, in
compensation for its reduced size, and the benefit of improved traffic and pedestrian circulation
creates a better site design for the community.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the Property of privileges enjoyed by other property under the identical zoning
classification in the vicinity. No other properties under identical zoning in the vicinity have the
limitation of the irregularly shaped parcel further constricted by an easement that bi -sects the
parcel.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2012 - 04909, subject to the conditions of approval as stated in Exhibit C
attached hereto and incorporated herein by this reference, which conditions are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code. 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 condition(s), (ii) the modification
complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Pemlit
Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that this 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. 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 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 not include
any action or findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2012. 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 City Council Resolution in the event of an appeal.
m
CHAIRMAN, ANAHEIM CITY PLAN G COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, 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 September 10, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this I& day of September,
2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00014
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APN:083- 270 -69
083 - 270-47
083 - 270 -72
083 - 270 -67
083 - 270 -61
083 - 270 -37
083 - 270 -71
083 - 270 -75
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083- 270 -73
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Source: Recorded Tract
Maps and /or City GIS.
Please note the accuracy is +/_ two to five feel.
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LOALV9t11.31 Y11?IY
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE
OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A
LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED
AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY
ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST
PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET;
THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE
OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID
SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID
LOT, NORTH 89° 59' 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE
WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED
AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89 59' 00"
WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE
SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY' S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED
RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID
SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17'
15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 43 23' 25" TO A POINT OF CUSP WITH A COMPOUND
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET;
THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE
THROUGH A CENTRAL ANGLE OF 0 57' 19" WEST 8.53 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19 49' 31" TO THE POINT OF BEGINNING.
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PARCEL 3:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3A:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST
781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF
TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF
LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID
WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA
AVENUE ON SAID MAP AS AN UNNAMED ROAD.
PARCEL 4A:
AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED
LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF
THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF
LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 4B:
AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS
FOLLOWS:
THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE
NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER
MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE
NORTH 15 FEET OF SAID 243.26 FEET.
PARCEL 4C:
AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS
FOLLOWS:
THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE
NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER
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MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID
POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER
OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE
TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A
CENTRAL ANGLE OF 7 09' 10 "; THENCE WESTERLY ON A LINE TANGENT TO SAID
CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG
SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9 25' 28 "; THENCE
WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE
WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF
LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE
PROPERTY LINES OF SAID EAST 243.26 FEET.
EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF
THE SAID EAST 243.26 FEET.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE
DESCRIBED PARCEL 4B.
THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00
FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF
PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND
DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF
WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
1' :A
THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF
LOT 3 IN TRACT NO.. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
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EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND
DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF
WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL6A:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST
781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL T
THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA
AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF
TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND
DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF
WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM
OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE
BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A
DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED
FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590,
PAGE 498 OF OFFICIAL RECORDS.
[APN: 083 - 270 -67 and 083 - 270 -69 and 083 - 270 -70 and 083 - 270 -71 and 083 - 270 -72 and 083-
270-73 and 083 - 270 -74 and 083 - 270 -75 and 083 - 270 -61 and 083 - 270 -47 and 083 - 270 -37.]
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EXIIIBIT "C"
CONDITIONS OF APPROVAL
VARIANCE NO. 2012-04909
(DEV2012- 00014)
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REVIEW BY
SIGNED
NO.
CONDITIONS OF APPROVAL
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The Public Park recreation amenities shall be designed to the satisfaction of
Community
Community Services Department and in substantial conformance with Final
Services
Site Plan exhibits. The amenities shall be reviewed and approved by the
Community Services Department prior to the issuance of a building permit for
the first residential unit in the project's second phase.
GENERAL
2
That this variance is granted contingent upon the approval of Amended and
Planning
Restated Development Agreement No. 2006 - 00002, General Plan Amendment
Division
No. 2012- 00485, Revised Tentative Tract Map No. 16860 and Miscellaneous
Case No. 2012 - 05533.
3
The property shall be developed substantially in accordance with plans and
Planning
specifications submitted to the City of Anaheim by the applicant and which
Division
plans are on file with the Planning Department marked Exhibit Nos. 1 through
7 and as conditioned herein.
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