Resolution-PC 2005-84~ ~
RESOLUTION NO. PC2005-84
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT '
AGREEMENT NO. 2005-00005 BY AND BETWEEN THE CITY OF
ANAHEIM AND U.S. SOUTHEAST CORPORATION, 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 orordinance 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
S4atute; 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 Amendment"), and ce~tified 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 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
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 Arena and Gateway Districts of the PTMU OverlayZone, except as otherwise
, exempt under the Code; and
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WHEREA$, on August 17, 2004 th'e City Council adopted Resolution Na 2004-179,
approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Qverlay Zone;
and
WHEREAS, in connection with adoption ofiThe Platinum Triangle Master Land Use Plan, the
PTMU Overfay Zone, and the form of the Standard Development Agreement for The Platinum Triangle,.the
City Councit 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 actionsbased upon findings set forth in said motion; and
WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), U.S.
' Southeast Corporation ("Owner"), submitted an application to the Planning DepartmenCfor approval of
Development Agreement No. 2005-00005 (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 Platinum Centre Condominium Project; and
WHEREAS, theDevelopment Agreement pertains to 3.1 acres of real property in #he City of .
Anaheim, equitably owned by the Applicant, commonly known as 1818 South State`College Boulevard (the
`Property'), which is located in The Platinum Triangle ar-d 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 familyresidential project consisting of265 residential
dwelling units, as more particularly set forth in Final Site Plan No. 2005-00005 and Tenfative Tract Map No.
TTM 16825 (hereinafter collectively referred to as the "Project"); and
WHEREAS, on May 26, 2005, the Planning Director approved Final Site Plan No. 2005-
00005 to `provide for the development of the Platinum Centre Condominium Project, contingent upon the
approval of Conditional Use Permit No. 2005-04975, Tentative Tract Map Na TTM 16825 and Development
Agreement No. 2005-00005, 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 June 2, 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, Conditional Use Permit No. 2005-04975
and Tentative Tract Map No. TTM 16825 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 265 dwelling units 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 behaif, and after due consideration of and based upon all of #he 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 reguiations prescribed for the
applicable zoning district in that the Project is in compliance with the RTMU Overlay Zone requirements
as set forth in Final Site Plan No. 2005-00005, which was approved by'the Planning Director, and
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Conditional Use Permit 2005-04975, Tentative Tract Map No. TTM 16825, which was approved by the
Planning Commission on June 2, 2005.
3. That the Project is compatible with the orderly'development of property in #he surrounding area in that it
is in conformance with and implementsThe 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 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 Conditional Use'
Permit No. 2005-04975 and Tentative Tract Map No. TTM 16825; 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 Na 106 for ThePlatinum
Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed
Project, #ogether with Mitigation Monitoring Program No. 129, 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.
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 nulf 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
June 1, 2005. Said resolution is subject to the appeal provisions set forth in apter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures a r aced by a' Council
Resolution in the event of an appeaL . _
CHAIRMAN, ANA(FiEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, 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 June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: ' NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~-~ day of
~. , 2005.
~i';!~'a-,...a-,~- ~'~'~`~e
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
PARCEL 1: - PARCELS A AND B, AS'SHOWN ON A MAP FILED iN BOOK 22, PAGE 32 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,'
CALIFORN IA.
PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER
THAT PORTION OF LOT 5 OF TRACT NO. 71,'AS SHOWN ON A MAP RECORDED IN BOOK
10, PAGE 22 OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS '
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON
THE MAP OF TRACT NO: 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BLVD.) SAID POINT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE)
FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10
WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST,'PARALLEL WITH THE
SOUTH LINE OF SAID LOT 5, 250 FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS
SHOWN ON THE MAP OF SAID TRACT NO. 71.
PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66
FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE
FOLLOWING DESCRIBED LAND:
THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE 60-FOOT ROAD AS SHOWN ON
THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BOULEVARD), SAID POINT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID
CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL
WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08' 00"
WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE
NORTH 0 DEGREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16"
EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 216.11 FEET TO THE
NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE
STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND
RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST
LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1,
1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;
THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF;
THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY
PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE
NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60-FOOT ROAD AS
SHOWN ON THE MAP OF TRACT NO. 71.
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PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 AS PER MAP RECORDED W
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT W THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS
217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE
CENTER OF SAID PLACENTA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE
SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE
NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE
WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF
154 FEET TO THE POINT OF BEGINNING. '
EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTA AVENUE, SHOWN
AS A 60.00-FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST.
APN: 232-021-07, 232-021-10 and 231-021-11
PC2005-84