Resolution-PC 2007-43~: ~
RESOLUTION NO. PC2007-43
: A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL'APPROVAL OFDEVELOPMENT
AGREEMENT N0. 2006-00003 BY AND BETWEEN THE CITY OF
: ANAHEIM AND ORANGEWOOQ PLATINUM INVESTORS, LLC, AND
MAKING CERTAIN FINDINGS RELATED THERETO
(2211 EAST ORANGEWOOD AVENUE)
WHEREAS, Article`2.5 of Chapter 4 of Division 9 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 fo~ the
development of the property as proyided 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, pursuanf 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 uponreceipt of
an application by the City; and
WHEREAS, the Anaheim General Plan 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 Southem California Edison Company Easement on the north
(hereinafter referred to as The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and polices 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; and
WHEREAS, on August 24, 2004, the City Council established the Platinum Triangle Mixed
Use (PTMU) Overlay Zone by adopting Ordinance No. 5378 and reclassified certain properties within The
Platinum Triangle into the PTMU Overlay Zone by Ordinance No. 5936 and that said ordinances have
subsequently been amended; and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone;
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 Overlay Zone, except as otherwise
exempt under the Code; and
WHEREAS, on April 30, 2007, the Planning Commission recommended that the City Council
approve General Plan Amendment No: 2006-00449, an Amendment to the Platinum Triangle Master Land
Use: Plan (MIS2007-00187) and Zoning Code Amendment (ZCA2007-00057) to increase the maximum
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number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum number of dweiling
units in The Platinum Triangle from 9,500 to 9,567; and
, WHEREAS, on March 3, 2007, pursuant to the Statute, the Enabling Ordinance, and the
Procedures Resolution (hereinafter collecfively referred to as the "Development Agreement Law"),
Orangewood Platinum Investors,lLC ("Owner"), submitted an application'to the Planning Department for
approval of bevelopment Agreement Na 2006-00003 (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 Orangewood Condominiums Projectlocated at 2211 East Orangewood
Avenue in the Gateway District of the PTMU Overlay Zone, as further described in Exhibit A to this
resolution; and :
WHEREAS, Applicant desires to develop'the Property in accordance with the provisions of
the Development Agreement by developing a 341-unit residential condominium project, as more particularly
set forth in Final Site Plan No. 2006-00008, Conditional UsePermitNo. 2005-05138, and Tentative Tract
' Map Na 16908 (hereinafter collectively referred to as the "Orangewood Condominiums ProjecY'); and
WHEREAS, on Apri1 23, 2007, the Planning Director approved Final Site Plan No. 2006-
00008 to provide for the development of the Orangewood Condominiums Project, contingent upon the
approval of General Plan Amendment Na 2006-00449, Miscellaneous Permit No..2006-00187, Zoning Code
Amendment No. 2007-00057, Conditional Use Permit No. 2006-05138, Tentative Tract Map No. 16908 and
- Developmenf Agreement Na 2006-00003, 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 30, 2007, at 2:30p.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 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 341 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 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 General Plan Amendment
No. 2006-00449, 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
applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements
as set forth in Final Site Plan No. 2006-00008, which was approved by the Planning Director, and
General Plan Amendment No. 2006-00449, Miscellaneous Permit No. 2006-00187, Zoning Code
Amendment No. 2007-00057, Conditional Use Permit 2006-05138 and Tentative Tract Map No. 16908,
which was recommended for approval by the Planning Commission on April 30, 2007.
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, as proposed for amendment per Amendment to the Platinum Triangle
Master Land Use Plan (MIS2007-00187) and ZCA2007-00057.
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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.
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CALIFORNIA ENVIRONMENTAL QUAGTY ACT FINDING That the Anaheim Planning '
Commission has'reviewed Development Agreement No.2006-00003 - to adopt a Development Agreement
between the City of Anaheim'and Orangewood Platinum InSestors, ,LLC for a 341-unit residential
condominium project 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/Addendum conducted pursuanf to CEQAfior the Development Agreement, ahd the requirements of
CEQA, including Section 21166 of the California Public Resources Gode and Section 15162 of the CEQA
Guidelines, and the evidence received at the public hearing, that previously-certified fSEIR Na 332 and its
` Second Addendum with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation
Monitoring'Plan No. 136; 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.
- NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and '
determinations, the Anaheim P{anning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
April 30, 2007.
THE FOREGOING RESOLUTION was adopted at the Planning
CHAI
ATTEST:
i~,,.r~•~crs_ ~~t)''~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
~eting of
~___
, ANdHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss•
CITY OFANAHEIM ' ) '
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 April 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL:, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this _ l 7'~~ day of
, 2007.
/`~~
,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION `
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EXHIBIT «A„
LEGAL DESCRIPTION OF THE PROPERTY
The easterly 272.67 feet of the westerly 1304.60 feet of the south 667:79 feet of Lot 3 of Tract Na 71, in the
city of Anaheim, County of Orange, state of California, as per map recorded in book 10, page 22 of parcel
Maps, in the Office of the County Recorder of Orange County, California.
APN: 083-270-48