Resolution-PC 2004-141~ ~
RESOLUTION NO. PC2004-141
A RESOLUTION OF THE OF ANAHEIM PLANNING COMMISSION
- RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT N0. 2004-00002 6Y AND BETWEEN THE CITY OF
, ANAHEIM AND CREA/NEXUS ANAHEIM CORNERS, LLC. AND
MAKING CERTAIN FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commencing with Section
65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to
enter into a development agreement with any person having a legal or equitable interest in real property
for the development of the property as provided in ssid Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
xequirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the"'City") heretofore on November 23,
1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject
to the Statute; and
W HEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23, 1982, adopted Resolution Na 82R-565 (hereinafterthe "Procedures
Resolution") establishing procedures and requirements for the consideration of development agreements
upon receipt of an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim
("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings
of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR
No. 330"), in conjunction with its consideration and approval of the General Plan Amendment,
amendment of the City's zoning code, and a series of related actions; and :
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed :
Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa
Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the
north ("hereinafter referred to as The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and policies of the General Plan for The
Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The
Platinum Triangle Master Land Use P1an, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The
Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal
Code, on August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the
Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed-
Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning
map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into
the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide
opportunities for high quality well-designed development projects that could be stand-alone projects or
that combine residential with non-residential uses including office, retail, business services, personal
services, public spaces and uses, and other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all
development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as
otherwise exempt under the Code; and
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W HEREAS, when a Final Site Plan application includes a request for a Variance or a'
Conditiona{ Use Permit, the PTMU Overlay Zone requires the Variance andlor Conditional Use Permit
applications to be processed concurrently with the Development; and
WHEREAS, on August 17, 2004 the City Council adopted Resofution No. 2004-179,
approving the form of the Standard Development Agreement for The Platinum'Triangle PTMU Overlay
Zone; and
WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan,
the PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum
Triangle, the City Council 6y motion, as lead agency for theproposed actions, determined thatFEIR No.
330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum
Triangle, were in compliance with CEQA and the state and City CEQA guidelines and were adequate to
serve as the required environmental documentation for said actions based upon findings set forth in said
motion; and ,
WHEREAS, on October 4, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolutian (hereinafter collectively referred to as the "Development Agreement Law");
CREA/Nexus Anaheim Corners, LLC. ("Applicant"), submitted an application to the Planning Department
for approval ofDevelopment Agreement No. 2004-00002 (the "Application"), which included a proposed
development agreement (hereinafter referred to as the "Development AgreemenY')prepared in
conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project
entitlements and address the implementation of the Stadium Lofts - Anaheim project; and
WHEREAS, the Development Agreement pertains to approximately 6.284 acres of real
property in the City of Anaheim, owned in fee by the Applicant, commonly known as 1801 East Katella
Avenue (the "Propert~'), which is located in The Pfatinum Triangle and zoned PTMU Overlay (Katella
District), and more particularly shown and described on Exhibit "A", which is attached hereto and
incorporated herein by this reference; and
WHEREAS, Applicant desires to develop the Property in accordance with the provisions
of the Development Agreement by developing a mixed use project consisting of 390 apartments, 2,820
square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845
space parking structure, as more particularly set forth in Final Site Plan No: 2004-00005 and Conditional
Use Permit No. 2004-04906 (hereinafter collectively referred to as the "ProjecY'); and
WHEREAS, on October 14, 2004, the Planning Director approved Final Site Plan Na
2004-00005 to provide for the development of the Stadium Lofts - Anaheim project, contingent upon the
approval of Conditional Use Permit No. 2004-04906 and Development Agreement No. 2004-00002 by the
Planning Commission and City Council; and
WHEREAS, the Planning Commission did hold a pubGc hearing at the Civic Center in the
City of Anaheim on November 15, 2004, at 2:00 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 Development Agreement and Conditional Use
Permit No. 2004-04906 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing that,
upon completion, the Project will result in the construction of 390 apartments, 2,820 square feet of retail,
7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845 space parking
structure; and
WHEREAS, said 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 the Development Agreement meets the following
standards set forth in the Procedures Resolution:
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1. That the Project is consistent with the City's existing General Plan in that iY is in conformance with
the General Plan Mixed Use land use designation and with the goals,'policies and objectives for The
Platinum Triangle as set forth in the General Plan. _
2. That 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 PTMU Overlay Zone '
requirements as set forth in Final Site Plan No. 2004-00005, which has been approved bythe
Planning Director, and Conditional Use Permit No. 2004-04906, which has been approved by the
Planning Commission pursuant to Resolution No. PC2004-140 adopted on November 15; 2004.
: 3. That the Project is compatible with the orderly development of property in the surrounding area in
fhat it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the
PTMU Overlay Zone requirements. :
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power
and authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. ~hat the Development Agreement is entered into pursuant to and in compliance with its charter
powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the
Procedures Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the Development Agreement in conjunction with the proposed
Conditional Use Permit No. 2004-04906; and did find and determine, by motion, pursuant to the
provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and
consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement and
Conditional Use Permit, and the requirements of CEQA, including Section 21166 of the California Public -
Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public
hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and
related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The
Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and
the Proposed Project, together with Mitigation Monitoring Program No. 125 are adequate to serve as the
required environmental documentation for this Development Agreement and Conditional Use Permit and
satisfy all of the requirements of CEQA, and that no further environmental documentation need be
prepared for this Development Agreement or Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim City Planning Commission does hereby recommend to the City Council the
approval of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was a t at Plannin i sion meeting of
November 15, 2004. `
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTE :
SENIOR SECRETARY,ANAHEIM PLANNING COMMISSION
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PC2004-9 41
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STATE OF CALfFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
l, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim CityPlanning
Commission held on November 15, 2004, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE ,
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~,_ day of
, 20 ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION