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Resolution-PC 2005-109• ~ RESOLUTION NO. PC2005-109 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APRROVAL OF DEVELOPMENT AGREEMENT NO. 2005-00004 BY AND BETWEEN THE CITY OF ANAHEIM AND WESTERN PACIFIC HOUSING, AND MAKING CERTAW ' FINDINGS RELATED THERETO - (2100 and 2110 EAST KATELLA AVENUE) ' 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 said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements 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 WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution Na 82R-565 (hereinafter the "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 8anta 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 Plan, 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 Cr\PC2005-109 : -1- PC2005-109 • :~ WHEREAS, the PTMU Overlay Zone requires an approvedFinal Site Plan and a Development Agreement between theproperty owner and the City of Anaheim to implement all development in the Katella, Gene Autry Arena and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and - WHEREAS, on August' 17, 2004, the City Council adopted Resolution Na 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 by motion, as lead agency for the proposed actions, determined that FEIR 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 setforth in said motion; and WHEREAS, on May 20, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution {hereinafter collectively referred to as the "Development Agreement Caw"), Western Pacific Housing ("Owner"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00004 (the "Application"), which included a proposed development agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain' project entitlements and address the implementation of the Anaheim Stadium Project; and WHEREAS, the Development Agreement pertains to 3.49 acres of real property in the City of Anaheim, equitably owned by the Applicant, commonly known as 2100 and 2110 East Katella Avenue (the "Property'), which is located in The Platinum 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 multiple family residential and mixed use commercial project consisting of 251 residential dwelling units and 9,764 square feet of commercial and restaurant uses, as more particularly set forth in Final Site Plan No. 2005-00004 and Tentative Tract Map No. TTM 16800 (hereinafter collectively referred to as the "ProjecY'); and WHEREAS, on July 20, 2005, the Planning Director approved Final Site Plan No. 2005- 00004 to provide for the development of the Platinum Centre Condominium Project, contingent upon the approval of General Plan Amendment No. 2005-00435, Miscellaneous Permit No. 2005-00113, Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 2005-04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005-00004, by the Planning Commission and City Council; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 25, at 2:30 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, General Plan Amendment No. 2005-00435, Miscellaneous Permit No. 2005-00113, Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 2005-04967 and Tentative Tract Map No. TTM 16800 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 251 dwelling units and 9,764 square feet of commercial and restaurant uses within a period of not more than five (5) years; and -2- PC2005-109 . • 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: 1. That the Project is consistent with the City's General Plan as amended by this request in that it 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 regulationsprescribed 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. 2005-00004, which was approved by the Planning Director, and General Plan Amendment No. 2005-00435, Miscellaneous Permit No. 2005-00113, Zoning Code Amendment No. 2005-00044, Conditional Use Permit 2005-04967, Tentative Tract Map Na TTM 16800, which was approved by the Planning Commission on July 25, 2005. 3. That 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 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. That 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 a letter from the State of California, Department of Transportation was received regarding traffic related studies; and a letter from the Anaheim City School District was received regarding the student generation rate for the subject project. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed Development Agreement No. 2005-00004 - to adopt a Development Agreement between the City of Anaheim and Western Pacific Housing for a 251-unit residential condominium mixed use project with 9,764 square feet of commercial and restaurant uses in conjunction with Conditional Use Permit No. 2005- 04967 - to modify setbacks along Katella Avenue and the proposed private street to construct a 251 unit mixed use residential condominium project including a 7,397 square foot restaurant with sales of alcoholic beverages for on-premises consumption and 2,347 square feet of retail, General Plan Amendment No. 2005- 00435 - to amend the land use element of the General Plan to increase the maximum square footage of commercial uses in the Katella District of the Platinum Triangle, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-00113) - to amend the Platinum Triangle Master Land Use Plan to increase the maximum permitted square footage of commercial uses in the Katella District, Zoning Code Amendment No. 2005-00044 - to amend the Platinum Triangle Mixed Use Overlay Zone to increase the maximum permitted square footage of commercial uses in the Katella District and Tentative Tract Map No. 16800 - to establish a 1-lot, 251-unit airspace attached residential condominium subdivision; 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 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 -3- ' PC2005-109 ~ ~ Project, together with Mitigation Monitoring Program No. 130,' are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. BE IT FURTHER RESOLVED that the Anaheim 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 unenforceabfe by the finaf judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 25, 2005. 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 Co ncil Resolution in the event of an appeaL CHAIRMA , ANAHEIM PLANNIN COMMISSION ATTEST: ~j~,,'~'~'`° SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 25, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VEL.ASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, PEREZ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of fJ , 2005. ~~~ /'~~~^'~'° SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION PARCEL A: , _ THAT PORTION OF LOT 5, TRACT 71, 1N 7HE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE-OF CALIFORNIA, AS SHOWN -0N A MAP RECORDED W'BOOK 10, PAGE '22 OF MISCELLANEOUS MAPS, RECORDS-0F ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST. CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF QRANGE COUNTY, CALIFORNIA SAID SOUTHWEST CORNER BEING ON .THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5" OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748:00 FEET TO THE SOUTHEAST CORNER OF THE 1AND DESCRIBED IN PARCEL 1' OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE '591 OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED ' CENTERLINE OF KATELLA AVENUE, 60.OOFEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08' 00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND ' , DISTANT 60.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. - EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 20010069995, OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 89° 59' 15" EAST 748.00 FEET FROM THE SOUTHWEST CORNER OF SAID LAND (SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD, NOW KNOWN AS PLACENTIA AVENUE, ALONG THE WESTERLY LINE OF SAID LOTS 4 AND 5); THENCE FROM SAID POINT OF BEGINNING, NORTH 0° 08' 00" WEST PARALLEL WITH THE WESTERLY LINE OF SAID LOTS 4 AND 5, A DISTANCE OF 595.06 FEET TO THE CENTERLINE OF KATELLA AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE, ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1000.Q0 FEET FROM TANGENT WHICH BEARS SOUTH 70° 38' 28° WEST THROUGH A CENTRAL ANGLE OF 18° -5- PC2005-109 ~ ~ 17' 32"A DISTANCE OF 319.26 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO RANDALL RAY BIVENS AND WIFE, BY DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE SOUTH 0° 08' 00" EAST ALONG SAID EASTERLY LINE 538.52 FEET TO SAID SOUTH LINE OF THE LAND CONVEYED TO MAURICE E.-BIVENS; THENCE SOUTH 89° 59' 15" EAST ALONG SAID SOUTH LINE, 313.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO:MAURICE E. BIVENS, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1'OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591, OF SAID OFFlCIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS 1NTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH THE DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED JN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397, OF SAID OFFICIAL ' RECORDS, SAID POINT OF INTERSECTION BEING THETRUE POINT'OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST ALONG THE EAST LINE'OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08' 00" WEST PARALLEL WITH THE EAST LINE-0F SAID LAND, 267.00 FEET, TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTELRY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. ~ ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID ORANGE COUNTY WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANCE 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, A RADIAL THROUGH SAID POINT BEARS SOUTH 00° 07' 37" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1060.00 FEET THROUGH A CENTRAL ANGLE OF 10° 12' 14", A DISTANCE OF 188.78 FEET TO A POINT ON THE WESTERLY LINE OF EXCEPTION TO THE LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS WSTRUMENT NO. 19960377825, OFFtCIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00° 45' 13" WEST 12.23 FEET ALONG THE SAID WESTERLY LINE TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1072.00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 10° 12' 19" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 7HROUGH A CENTRAL ANGLE OF 10° 05' 17" A DISTANCE OF 188.75 FEET TO SAID WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS; THENCE NORTH 00°45' 13" EAST 12.00 FEET ALONG THE SAID WESTERLY LINE TO THE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF ANAHEIM IN DEED RECORDED APRIL 24, 2001 AS INSTRUMENT NO. 20010245967, OFFICIAL RECORDS.