Resolution-PC 2005-74~ ~
RESOLUTION NO. PC2005-74
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT N0. 2005-00002 BY AND BETWEEN THE CITY OF
ANAHEIM ANDBRE PROPERTIES, INC., 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 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. 43Z7 (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 No. 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 P1an
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan AmendmenY'), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statemenf of-0verriding 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 Pfan 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 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 Overfay 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 Dverlay Zone,'except as othen~vise exempt
under the Code; and
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' WHEREAS, on August 17, 2004 the City Council adopted ResolutionNo. 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 MasterLand Use Plan, the
P7MU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the
City Council by motion, as lead agencyfor the proposed actions, determinedthat 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 set forth in said motion; and
WHEREAS; on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resofution (hereinafter collectively referred to as the "Development Agreement Law"), BRE
' Properties,'Jnc. ("ApplicanY'), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00002 (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 7riangle to vest certain project entitlements and address
the implementation of the StadiumPark Residential Project; and ,
WHEREAS, the Developmenf Agreement pertains to a portion of 14.46 acres of real
property in the City of Anaheim (3.21 acres), equitably owned by the Applicant, commonly known as 1515
East Kafella Avenue (the "Propert~'), which is Iocated in The Platinum Triangle and zoned PTMU Overlay
(Katella pistrict), 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 project consisting of 196 residential
dwelling units and an 433 space parking structure, as more particularly set forth in Final Site Plan Na 2004-
00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "ProjecY'); and
WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan Na 2004-
00007 to provide for the development of the Stadium Park Residentia~ Project, contingent upon the approval
of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and
2005-00003, 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 April 18, at 6:00 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'Procedures", to
hear and consider evidence for and against said Development Agreement and Tentative Tract Map No. TTM
16831 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 196 dwelling units and a 433 space parking structure
within a period of not more than five (5) years; 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:
1. That the Project is consistent with the City's existing General Plan 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 regulations prescribed for the
applicablezoning,district in that the Project is in compliance with the PTMU Overlay Zone requirements
as set forth in Final Site Plan"No. 2004-00007,'which was approved by the Flanning Director, and
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Tentative Tract Map No. TTM 96831, which was approved by the Planning Commission onApril 18,
2005.
3. That the Project is compatlble with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land UsePlan 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 DevelopmentAgreement 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 charterpowers
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 Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract
Map No. TTM 16831; 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 pceviously -
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. 128, as amended at the public hearing to include a mitigation measure pertaining to
the Katella Avenue sewer line, 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 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. :
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
April 18, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 `Procedures" ofi
the Anaheim Municipal Code pertaining to appeal proced and may be r I e a City Council
Resolution in the event of an appeaL
CHAIRMAN, AN HEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 8enior 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 April 18, 2005, by the following vote ofthe members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ; VELASQUEZ ,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: - NONE
VACANT: COMMISSIONERS: , TWO VACANCIES
IN WITNESS WHEREOF,1 have hereunto set my hand this Go ~'~ day of
, 2005.
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SENIOR SECRETARY, ANAHEIM PLANNWG COMMISSION