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RES-2012-122 RESOLUTION NO. 2012 -122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2012 -04909 AND MAKING FINDINGS IN CONNECTION THEREWITH (DEV2012- 00014) WHEREAS, the Planning Commission of the City of Anaheim City (the "Planning Commission ") did receive an application for a variance, designated as Variance No. 2012 - 04909, from the following provision of the Anaheim Municipal Code (the "Code ") to permit a park smaller than allowed 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 generally depicted on the map attached hereto as Exhibit A and 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 SECTION NO. 18.20.110.010.0101 Minimum required park size (23,100 square foot park required; 20,899 square foot park proposed) WHEREAS, the Property 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, Variance No. 2012 -04909 was and is proposed in conjunction with (i) a proposed amendment to the Land Use Element, Circulation Element and Green Element of the General Plan ( "General Plan Amendment No. 2012 - 00485 "); (ii) a proposed amendment to the Platinum Triangle Master Land Use Plan ( "Miscellaneous Case No. 2012 - 00553 "); (iii) an amendment to Development Agreement No. 2006 -00002 in the form of an Amended and Restated Development Agreement ( "Amended and Restated Development Agreement No. 2006 - 00002B"); and (iv) a revised Tentative Tract Map No. 16860 (herein referred to as the "Revised Tract Map "). Amended and Restated Development Agreement No. 2006- 00002B, General Plan Amendment No. 2012- 00485, Miscellaneous Case No. 2012 - 00553, Revised Tract Map, and Variance No. 2012 -04909 shall be referred to herein collectively as the "Proposed Project Actions "; 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 proposed Variance No. 2012 -04909 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, 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, did adopt its Resolution No. PC2012 -063 granting Variance No. 2012 - 04909; and WHEREAS, at said public hearing, the Planning Commission considered information presented by City staff and evidence for and against the proposed Variance No. 2012 -04909 and did adopt its Resolution No. PC2012 -063, containing a report of its findings, a summary of the evidence presented at said hearing, and did approve the proposed Variance No. 2012 -04909 subject to the conditions of approval attached as an exhibit to Resolution No. PC2012 -063; and WHEREAS, pursuant to subsection 18.60.150.020 of the Code, when multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council review and approval, all such applications shall be subject to full review and approval by the City Council as the granting authority; and WHEREAS, upon receipt of said Resolution No. PC2012 -063, summary of evidence, report of findings and recommendations and action of the Planning Commission, the City Council did fix the 9th day of October, 2012, as the time, and the City Council Chambers in the Civic Center, as the place, for a public hearing on the proposed Variance No. 2012 - 04909, together with the rest of the Proposed Project Actions, and did give notice thereof in the manner and as provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct a duly noticed public hearing to consider the proposed Variance No. 2012 -04909 and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations and action of the Planning Commission. Based thereon, the City Council hereby makes the following findings and determinations: 1. Pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304 (herein referred to collectively as the "CEQA Documents "), that (a) the CEQA Documents serve as the appropriate environmental documentation for the proposed Variance No. 2012 - 04909, and satisfy all the requirements of CEQA; (b) 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 Revised Tract Map; and (c) no further environmental documentation needs to be prepared under CEQA for the proposed Revised Tract Map. 2. 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 3. 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 by the City Council of the City of Anaheim that Variance No. 2012 -04909 be, and the same is hereby, approved and granted, 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 Variance No. 2012 -05909 is hereby approved subject to the approval by the City Council of General Plan Amendment No. 2012 - 00485, Miscellaneous Case No. 2012 - 00553, Amended and Restated Development Agreement No. 2006- 00002B, and the Revised Tract Map, now pending. 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 Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that this City Council 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 Zoning Code of the City of Anaheim 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. 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. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of October , 2012, by the following roll call vote: AYES: Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: MA OR 0 THE CIT O F ANAHEIM ATTEST: AIWA _ {M. A• CITY CLERK OF THE CITY OF NAHEIM 91733 4 EXHIBIT "A" DEV NO. 2012 -00014 APN: 083-270-69 083 - 270-47 083 - 270 -72 083 - 270 -67 083 - 270 -61 083 - 270 -37 083- 270 -71 083 - 270 -75 083 - 270 -51 083 - 270 -73 m 083- 270 -70 083- 270 -74 LLJ 083 - 270 -54 W J J O w en ^ - 895' ~ 30' L') 0� N 965 E ORANGEWOOD AVE z Source Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. EXHIBIT "B" 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. 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. PARCEL 4: 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 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. PARCEL 5: 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. PARCEL 6: 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. 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. PARCEL 6A: 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 7: 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.] EXHIBIT "C" CONDITIONS OF APPROVAL VARIANCE NO. 2012-04909 (DEV2012- 00014) REVIEW BY SIGNED NO. CONDITIONS OF APPROVAL OFF BY PRIOR TO ISSUANCE OFA'BUILDING PERMIT 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.