Resolution-PC 2005-131. •
RESOLUTION NO. PC2005-131
' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04999 BE GRANTED
' , (1200-1558, 1700 and 1800 East KatellaAvenue,
1301-1395 and 1551 Gene Autry Way,
1870, 1871, 1880, 1889, 1890, 1891, 1900 and 1901 South Chris Lane, ,
1833 and 1841 South State'CollegeBoulevard,
,_ 1800 and 1801 East Talbot Way)
WHEREAS, the Anaheim Planning Commission did receive a verifled Petition for Conditional
Use Permit Na'2005-04999 in connection with General Plan Amendment No. 2005=00434, Zoning Code
Amendment No. 2005-00042, Miscellaneous Case Nos 2005-00111 and 2005-00116, Reclassification Na
2005-00164 and Development Agreement No. 2005-00008, (hereinafter collectively referred to as the
"Discretionary Actions"); and
WHEREAS, the subject properties encompassed by the Discretionary Actions comprise
approximately 41.4 acres of certain real property situated in the City of Anaheim, County of Orange, State of
California and generally located between Katella Avenue and Gene Autry Way, extending from State College
Boulevard to just west of Betmor Lane and further identified as Site 1(Site 1 encompasses approximately 31
acres located at 1200-1558, 1700 and 1800 East Katella Avenue, 1301=1395 and 1551 Gene Autry Way, '
1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College
Boulevard, 1800 and 1801 East Talbot Way) and Site 2(Site 2 encompasses approximately 10.4 acres
located at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 and 1910' South Betmor Lane and 1100
East Katella Avenue); and
WHEREAS, Conditional Use Permit Na2005-04999 to permit residential tower structures
up to 400 feet in height pertains to Site 1 as shown on Exhibit 1 attached hereto to this Resolution and which
is incorporated herein by this reference as if set forth in full; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle
Standardized DevelopmentAgreement by Resolution:No. 2004-179 and.on August24, 2004, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance Na 5935; and
WHEREAS, the PTMU Overlay Zone permits building heights up to 100 feet in height for all
Districts in the Overlay Zone, provided that within 300 feet north or south of Gene Autry Way, the maximum
height is 55 feet and within 300 and 600 feet north or south of Gene Autry Way, the maximum height is 75
feet, and further provided that greater heights may be requested subject to a Conditional Use Permit; and
WHEREAS, on August 22, 2005, the Planning Commission recommended thaY City Council
adopt Zoning Code Amendment No. 2004-00036 amending the height limitations to allow building heights to
be up to 100 feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area
subject to a Conditional Use Permit without the requirement to demonstrate that views of Angel Stadium of
Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5) freeway ,
would not be significantly obsfructed (scheduled for City Council consideration on September 27, 2005); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 7, 2005, 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
"Procedures", to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find
and'determine the following facts:
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1: That the proposed building heights of up to 400 feet on Site 1 as identified in the staff report
dated September 7, 2005 for six (6) of the fifteen (15) Development Areas are properly ones for which a
conditional use permit is authorized by Anaheim Municipal Code' Section No. 18.20.050. -
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area because the residentia~towers with buildingheights of up to 400 feet would be part
of a new comprehensively planned community with careful consideration given tobuilding mass and
- potential shade and shadow impacts; and the additional height would achieve a project that is compatible
' and consistent with the General Plan Mixed-Use land use designation and The Platinum `Triangle Master
Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
The Master Site Plan encompasses approximately'41 acreswith careful consideration of building placement
and distribution of residentia( density throughout the site.
4. - The proposed maximum heights have been analyzed in The Platinum Triangle Final
Subsequent EIR No. 332 and found #o have no adverse impact on either adjoining land uses or the growth
and development of the area with the imposition of a mitigation measure from the Updated and Modified
Mitigation Monitoring Program No. 106A requiring a shade/shadow study to mitigate impacts to shadow
sensitiVe receptors (i.e., residential, recreational, outdoor restaurants and pedestrian areas); and, further#hat
said measure has been made a part of Mitigation Monitoring Plan No. 138 #or the subject biscretionary
Actions.
5. The Platinum Triangle Master Land Use Plan provides for a dynamic mix of land uses and
upscale, high-density urban housing at densities of up to 100 dwelling units/acre.
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citiZens of the City of Anaheim.
7. The incorporation of towers into the design of the master planned community does not result
in an increase in density beyond which is currently permitted by the General Plan.
8. That 4 people expressed their support to the subject petition, and that no one indicated their
presence at said public hearing in opposition; and that no correspondence was received in opposition to
subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Conditional Use Permit No. 2005-04999 in conjunction with General Plan
Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111, and
2005-00116, Zoning Code Amendment No. 2005-00042, and Development Agreement No. 2005-00008
(collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of all
evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the
Project Discretionary Actions (the "Initial Stud~') and an Addendum to FSEIR No. 332 (the "Addendum")
prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as lead
agency for the Project, unless additional or contrary information is received during the City Council's public
hearing on the Project and pending City CounciPs certification of FSEIR No. 332 along with adoption of a
Statement of Findings and Fact, a Statement of Overriding Consideration and #he Updated and Modified
Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005),
determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based
upon the City CounciPs independent review of the Initial Study and Addendum and the evidence received at
the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring
Plan No. 138, are adequate to serve as the required environmental documentation for the Project
Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared#or this Conditional Use Permit.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit; upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That prior to the approval of each Final Site Plan in Development Areas B, D, E; F, N and M, plans shall `' '
indicate compliance with the maximum building heights identified in the attached Exhibit2 Height Map
dated August 8, 2005 which is attached hereto to this Resolution and which is incorporated herein by
this reference as if set forth in full. Plans submitted for building permits shall be prepared in compliance
with the approved Final Site Plan.
2. That the property ownerldeveloper shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring
' Plan No. 138 as established by the City of Anaheim and'as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
3. That this Conditional Use Permit No. 2005-04999 is granted expressly conditioned upon certification of -
FSEIR No. 332 and approva( of the Addendum, ahd assOCiated Updated and Modified Mitigation
Monitoring Program':Na 106A, and Mitigation Monitoring Plan No: 138, and adoption of Zoning Code
Amendment Na 2004=00036 amending the height limitations to aflowbuilding heights to be up to 100
feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area subject
to a Conditional Use Permit without the requirement to demonstrate that views of Angel Stadium of
Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5)
freeway would not be significantly obstructed.
4. That this Conditional Use Permit, shall be valid for a period of time coinciding with the timing set forth in
Development Agreement No. 2005-00008, which provides for the A-Town praject to be developed in up
to four (4) development phases commencing from the adoption date of Development Agreement No.
2005-00008 and extending no further than the twentieth (20) anniversary of the Development
Agreement Date provided that milestones are completed as shown in Ezhibit H(Term Extension
Milestones) of Development Agreement No. 2005-00008.
5. That prior to the issuance of the first building permit for each Final Site Plan in Development Areas B, D, ~
E, F,'N and M, the property owner/developer shall submit utility plans to the Public Utilities Department
for review and approval. If said plans propose to include "non-traditionaP' utility equipment, as :
determined by the Public Utilities Department, said `equipment shall be subject to the review and
approval of the Public Utilities Department. :
6. Prior to the approval of each Final Site Plan for high-rise towers over 100 feet in height as allowed
pursuant to Conditional Use Permit No. 2005-04999, plans shall show that retail/townhome uses at a
height of two to three stories shall be constructed at the base of each tower structure to screen the
parking podium and provide a pedestrian-friendly street edge and scale and, further, that the
subterranean parking podiums shall contain spaces for residential and retail uses and utility equipment
rooms:
7. That prior to the issuance of the first building permit for each Final Site Plan including "non-traditionaP'
utility equipment approved pursuant to Condition No. 5, the property owner/developer shalt enter into an
Agreement with the City of Anaheim providing for the property owner, or another financial mechanism
acceptable to the City, to provide ongoing maintenance of said "non-traditionaP' equipment and for said
equipment to be accessible to the Public Utilities Department ongoing during project operation. Said
Agreement shall be in aform approved by the City Attorney's Office and prepared to the satisfaction of
the Public Utilities Department.
8. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2005-
00434, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-
00111) and Development Agreement No. 2005-00008.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by project applicant and which plans are on file with the PIa11n111g
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
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10. That approval of this application constitutes approval of the proposed request only to the extenYthat it
complies with the Anaheim Municipal Zoning Gode 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 RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicanYs 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 confained, shall be deemed null and void.
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AND BE IT f URTHER RESOLVED that the property owner/developer is responsible for '
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior #o the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application. ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 7, 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
' Council Resolution in the event of an appeal.
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CHAIRMAN PRO TEMPORE, ANAHEIM PLANNI COMMISSION
ATTEST:
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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 September 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
f IN WITNESS WHEREOF, I have hereunto set my hand this ~'~ day of
. Q ~ ~ ~ b !h- , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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