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Resolution-PC 2007-72• ' ~ RESOLUTION NO.'PC2007-72 ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITYCOUNCIL APPROVAL OF DEVELOPMENT AGREEMENT N0. 2006-00004 BY AND BETWEEN ' THE CITY OF ANAHEIM AND AMBPROPERTY, L.P., AND MAKING CERTAIN FINDINGS RELATED JHERETO ` ` (1969 SOUTH STATE COLLEGE'BOULEVARD) ! 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 contract which is called a development agreement in order to establish with certainty what regulations will , _ govern the construction of a'development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377:(hereinafter the "Enabling Ordinance") on November 23, 1982, making 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 Plan ' Amendment Na 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 Finclings of Fact and a 3tatement 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 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 ("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, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goats 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 Na 5935 amending Title' 18'of the Anaheim Municipal Code to establish zoning and devetopment 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 combined residential and non- residential uses including office, retail, business senrices, personal services, public spaces and uses, and ; other community amenities within the area; and WHEREA5, the PTMU Overlay Zone requires a Devefopment 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 OverlayZone, except as otherwise exempt under Code; and Cr\PC2007-72 _1- ' PC2007-72 ~ • ~ WHEREAS, on August 17; 2004, the City Council adopted Resolution No. 2004-179, approving the form of the Standard Deve{opmenf Agreement for the PTMU Overlay;Zone; and WHEREAS, on October 25, 2005, the City Council certi~ed Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No: 106A in connection'with its`consideration of General Plan Amendment:No. 2004-00420, Zoning Code ` Amendment No. 2004-00036, Miscellaneous Case No.'2004-00089 to'amend The Platinum'Triangle Master Land Use Plan, Misceilaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development'Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution'of Intent pertaining to reclassification of theNortfi NetTraining Center site and Reclassification No. 2004-00134; and WHEREAS, on Aprii 25, 2007, pursuant to the:Statute, the Enabiing"Ordinance, and the : Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Lav~'), AMB ; , Property, L.P:, (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2006-00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development'Agreement") prepared in conformance with the Standard Devefopment.Agreernent for The Platinum Triangie to vest certain project entitlements and address the implementation of.the Gene Autry Experience Project; and WHEREAS; in conjunction with the Development Agreement, the Applicant also requested ' ,approval of General Plan Amendment No. 2006-00446, Miscellaneous'Case No. 2006-00162 (Amendment to the Platinum Triangle Master Land Use Plan), Zoning Code Amendment No. 2007-00054, Conditional ` Use Permit No. 2006-05134, and Tentative Tract Map No. 17089; and WHEREAS, the Development Agreement pertains to approximately 17.5 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1969 South State Coilege ' Boulevard, as more particularly described in Exhibit "A° attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Platinum Triangie and within the {ndustrial (1) zone and the Gene Autry District of the PTMU Overlay; and WHEREAS, the Applicant desires to develop the property with a mixed-use development consisting of up to 1,208 dwelting units, 50,000 square feet of commercial uses and 100,000 square feet of office uses,'as more particularly set forth in Exhibit °B° of the Development Agreement (the "Master Site Plan"), Conditional Use Permit No. 2006-05134, and Tentative Tract Map No. 17089 (hereinafter collectively referred to as the "Gene Autry Experience ProjecY'); WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 9, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Developmenf Agreement and to investigafe and make findings and recommendations in connection therewith; and WHEREAS, on July 9, 2007, the Planning Commission recommended that the City Counci{ approve General Plan Amendment No. 2006-00446, an Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00162) and Zoning Code'Amendment (ZCA2007-00054) to increase the maximum number of dwelling units in the Gene Autry District from 1,000 to 1,699 and the maximum number of dwelling units in The Platinum Triangle from 9,567 to 10,266; and WHEREAS, the Applicant has demonstrated that the Project meetsthe 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 a mixed-use development consisting of up to 1,208 dwelling units, 50,000 syuare feet of commercial uses and 100,000 square feet of ofFice uses'within a period of not more than fifteen (15) years, consisting of one (1) initial five (5) year period and two (2) five (5) year' extension periods that shall be granted pursuant to the attainment of certain milestones contained in Exhibit ' "E" of'fheDevelopment Agreemenf ("Development Milestones"); and ' -2- PC2007-72 ' • . WHEREAS, said Commission, after due inspection, investigation and study made by itseff and in its behalf, and after due consideration of and based upon all of the `evidence and reports offered at said hearing, does find an.d determine that the Development Agreement meets the foliowing 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. 2006-00446, in that it is in conformance with'the General Plan Mixed Useiand use designation and with the'goals, policies and objectives fiorThePlatinum Triangle as set forth in the Generai Plan. 2. That the Project is compati6le with the uses authorized in and the regulations prescribed for the applica6le zoning district in that the Project is in compliance with the Pl"MU Overlay Zone requirements as set forth in the Master SitePlan,,and General Plan Amendment No. 2006-00446, Misceilaneous ' Permit No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Pian), Zoning Code AmendmentNo. 2007-00054,'Conditional Use Permit 2006-05134 andTentative Tract Map No. 17089. 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 Miscellaneous Permit No. 2006-00162 , (Amendment to ThePlatinum Triangle Master Land Use' Plan) and Zoning Code Amentlmenf No. 2007- ` 00054. 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. 7hat the Development Agreement is entered into pursuant to and in compliance with its cha~te~ 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 subject petition: That two people spoke with concerns pertaining to the request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning Commission by Resolution No. PC2007-68, did certify Final Environmentat Impact Report Na 2006-00335, adopt Findings of Fact and a Statement of Overriding Considerations in connection therewith, adopt Mitigation Monitoring Program No. 143 and determine that said Final Environmental Impact Report No. 2006- 00335 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to serve as the environmental documentation for General Plan Amendment Na 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning Code Amendment No. 2007-00054, Conditional Use Permit No. 2006-05134, Development Agreement No. 2006-00004, and Tentative Tract Map No. 17089. ' 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. -3-; PC2007-72 , • .