PC 2004/11/15 Staff Report to the
Planning Commission
November 1 S, 2004
Item No. 7
7a. CEQA MITIGATEDNEGATIVE DECLARATION AND MITIGATION
+MONITORING PROGRAM NO; 125 (Motion)
7b. WAIVER:OF CODE REQUIREMENT (Motion)
7c. CONDITIONAL USE PERMIT NO 2004-04906 (Resolution)
7d. ..DEVELOPMENT AGREEMENT NO. 2004-00002 (Resolution)
7e. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS b and c (Motion)
CITG I (l(`ATI(lAl nnln nocnoinTll'~\I.
c'-r-'~~ •_•: ...~~ ~~.... ..~~.. uwl+~vr~. .y m cvuc~ I \LC IrvIUf VvGIIOY \IIIUUJIIItlI,
Platinum Triangle Mixed Use Overlay). The Platinum Triangle Master Land Use Plan
(PTMLUP) further indicates that the`subject property is located in the Katella` District of the
PTMU Overlay.-
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Page 1
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Development Standard Proposed Project PTMU pverlay
Zone Standards
i6.3 acres jgross)
.Site Area '5.85 acres net N/A
67 units/acre Minimum 50 units
Number of Dwelling Urtitslacre .:(390 totaf'units) required and
maximum of 1001
du/acre
Building Area '483,371 s.f. N/A
Parking Structure Area:: `259,783 s:f.
Total buildin and akin area `:743,154 s'.f.
'Maximum Lot Coveta a ;:702% 75%
Hei ht ,50 feet 100 feet
78,42p slf total
RecreationlLeisure Area '201 s.f. er unit` 200 s,f: er unit '
F~ ........... ......~,,,.,.,~~ o.....~ ,,., o,,,,.,,....,,.,.,,.,,.~~, ,~,o,~ a, .. ,~„a,.,o,,.,.~~~,
The apartment units are comprised of 39 lofts, 163, one-bedroom'units, 176 two-bedroom
units, and 12`two-bedroom plus den units. The site plan further indicates a 7,839 s.f.
restaurant, 2;820 s.f. retail and 6;297 s.f. of clubhouse/leasing area on the first floor
adjacent to Katella Avenue.
Page,3
(c) A 5-level parking structure wii
serve the residential and com
residential and commercial u
fifth tiers to residents. Visitor
to providing parking spaces,it
access four trash'rooms on t
pick-up doom, bicycle storage
l
The project applicant will acquire the private alley'adjacent to the west property line and
reconstruct it during the development of the proposed project as the interim Connector
street to provide access to the primary entrance for the residents.
The existing private alley is a 28-foot wide private alley with public utilities and access
easement over its'entire length and width. In the;interim condition, the'private alley will
be reconstructed to provide 23 feet of driving pavement with,a 5-foot-wide sidewalk on '
the east ide. In the ultimate condition; the Connector street would be;62 feet wide, with
42 feet of driving pavement,5 feet of Iandscapingladjacent to each curb, and a 5-foot-
wide sidewalk on each side of the street adjacentto the property line.
Existing. buildings are located on the west side of the private. alley. At such time as those
building'sites are developed with uses that implement the PTMU Overlay Zone, he
ultimate''Connecto~ street will be constructed. The existing buildings on the wesfside of
the private alley have leasesrthat run ae long as four years with an option for another four
years. It is anticipated thaYthe earliest hat thoseproperties'might be developedwith
uses to mplementthe PTMU Overlay Zone would be approximately eight years.
(g) Elevation plans indicate building materials consisting of stucco wall finish and stucco
covered foam trims, vinyl windpws, fire resistant canvas awnings, metal awnings;pre-
cast planter bowls; aluminum storefront glazing and composition shingle roofing.
(ti) Final Site Plan Exhibit No. 3 indicates 78,420 square feet of recreational leisure area
within tireezewayand courtyard areas located throughout the project. Features°of the
outdoorareas include an outdoor lounge area, covered seating, barbecue areas,;
Page 4
establishment within walking distancebf Angel,Stadium of Anaheim.
Page;5
Property line:
' Required Setback Permitted Proposed ':Type of
ad
acent to: < Encroachments Setback iencroachment
Col um ns sand
building wall at
Private patios: 7 ''center entrance and:
feet 25 feet length pf
Wright Circle 10`feet Residential 5 to 6-feet iresidential building
tiuildin s'3'feet wallatNWC
Patios/balconies antl's
one 22-foot long
State College: 2-foot, 1-inch to :restaurant wall with
Boulevard 1 ti'feet None listed 16-foot '15 foot witle setback:.::.
::Drive through & walk'
:through entrances,
`covered walkway for:
Commercial use: `clubhouse; walls of
Katella Avenue 18 feet 4;feet 8- to 12-feet Yetail and'restaurant-
Private patios: 23-foot long section ''
CdrinectoCStreet 10 feet 7 feet 4-feet, 9 inches of clubhouse wall
of dimensions, the least of which is 3 feet 8 inches and
Patios and balconies are proposed from 39 square fee
`the unit type.
Code requires 78,000 square feet of recreation/leisute
78,420 square feet of recreation/leisure area distributes
Staff Report to the
Planning Commission
November 15;..2004
Item No. 7
landscaped breezeways and courtyards enhanced with amenities including walkways with _
enhanced paving, outdoor lounge areas, private patios/balconies, covered seating,
barbecue areas, fireplace, pool and;spa, garden art, water fountain features, and overhead
arbors conducive to outdoor enjoyment and relaxation. Staff is supportive of waiver (a) `;
because the proposed pa4o/balcony areas are all sufficient in size tb accommodate
outdoor patio/balcony seating and the project provides for enhanced recreation/leisure '
areas for passive and active outdoor enjoyment.
(14) Waiver (b) pertains to required building treatment adjacent to streets. Code requires
dwelling unit patios to be 18" above'sidewalk grade for all dwelling units adjacent to an
arterial street (State College Boulevard) and 18" above sidewalk grade far residential entry
stoops, patios or communal entries!adjacent o Connector streets for a minimum of 50%bf
the entries. Plans indicate all residential patios, entry stoops, and communa('entries will be
constructed afsidewalk grade.
The intention of these code requirements is to provide the aesthetic: appeal of raised entries
from he view of arterial streets and' pedestrian'-oriented'sidewalks'on Connector streets.?
Uport the completion of ultimate right-of-way improvements far the railroad right-of-way
grade separation on State College: Boulevard, residential'units facing the street will
ultimately be up to 12-feet above the grade of the sidewalk negating the aesthetic benefit of
this Code requj~ement. Therefore, staff is supportive of waiver (b).'=
FINDINGS:
(15) Before the Commission grants any conditional use permit, it must make a finding of fact'.
that the evidence presented shows that all of ttie following conditions exist:
(a) That the use as modified is properly one for which a conditional use permit is
authorized by the Zbning Code, or is an'unlisted use as defined in Subsection .030
(UnlistediUses Permitted) of Section 18;66.040 (Approval Authority);
(b) That the use as modified will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be Iocatetl;
(c) 'That the size and shape of the site for the modified Lse is adequate to allow the full
development of the proposeduse in a manner notdetrimental to the particular area
or to the health and!safety;
(d) ;That the traffic generated by the modified use will not impose an undue burden upon
the streets and highways designed and improved to carry the: Traffic in The area; and
(e) `; That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the Health andsafety of the citizens of the City of Anaheim.
(16) When practical`difficulties`or unnecessary hardships result from strict enforcement of the!
Zoning Code, a modification may be;granted for the purpose of assuring that no property;
because of special circumstances applicable to it, shall be deprived'of privileges commonly
enjoyed by other properties in the same vicinityand zone:. The solepurposebf any
variance or code waiver is to prevent discrimination and none shall be approved which
would have thee.. effect of granting a special privilege not shared by other similar properties.
Therefore, before the Commission'grants any variance orcode waiver, it shall. be shown'i'
Page Z
Staff Report to the
Planning Commission
November 15, 2004
Item No: 7
(a) That there are special circumstances'. applicable to the property such as size shape,
topography, Iodation or surroundings; which do hot apply to other identically zoned """
properties in the vicinity; and
{b) That strict appUcation of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
DEVELOPMENT'AGREEMENT NO. 2004-00002 DISCUSSION:
(17) In 1982, the Legislature of the State of California adopted Section 65864„et. Seq. of the
California'Government Code authorizing a Gity and an applicant for a developmen f project
to enter into a development agreement, permitting cities to contract with property
owner/developers for heir mutual benefifin a manner not otherwise available to the parties. ;
A development agreement is a'contract for development whicft'provides aproperty:
owner/developer a vested right to proceed: with an approved development, "freezing' the
entitlement along with establisfted rules and fees, in'exchange for the City obtaining benefits r
over and above what would otherwise be required.
(18) On November 23, 1982, the City enacted Ordinance'No. 4377 making the City subject to the
Statute and adopted: Resolution No. 82R-565 (Procedures Resolution) establishing`.
procedures and requirements for the consideration of development agreements upon receipt
of an application by the City. On August 1f, 2004, the City Council adopted Resolution No.
2004-179 approving the form of the standardized Platinum Triangle Development
Agreement to implement projects in the PTMU Overlay Zone. The Platinum Triangle
Development Agreement is intended to provide the property owner/developer with a
maximum amount of flexibility while ensuring development and' maintenance of high: quality
projects that carry out the vision for The Platinum Triangle.
(19) On September 28, 2004, the City receivedian application for a proposed Development
'Agreement from CREAINexus Anaheim Corners, LLC, requesting the City to enteC into a
:Development Agreement to provide for the implementation of the Stadium Lofts -Anaheim
:project.
(20) Pursuant to the Procedures Resolution, the Planning: Commission is required to make a
recommendation to ttte City Council relative to the proposed Agreement. !The Planning
:Commission must determine whether the applicant has demonstrated eligibility to enter into
the Development Agreement by finding the project satisfies one or more bf the eligibility
.requirements set forth below:
(a) That the projecEshall occupy at Ieasf50 acres; or
(b) That, upon completion, the project shall result in the construction of'at least 250
dwelling units,.250,000 square feet df commercial-office space, or250,000 square feet
of industrial space; or
(c) That the projecfwill be constructed in phases over an anticipated period of notless
tharcS years; or
(d) A project shall be eligible if the Planning Director finds that the public health, safety or
general welfareof the citizens of Anaheim will best be served by accepting an
Application for consideration by the Planning Commission'and City Council.
The Planning Commission must also determine whether the proposed Agreement is
consistent with the General Plari, compatible with the uses authorized in and the regulations s
Page 8
(21
Staff Report to the
Planning Commission
November 15(2004
(23) On August 24, 2004, the City Council determined that the previously certified FEIR No. 330
was adequate torserve as the environmental documentation for The Platinum Triangle
Master Land Use Plan, the`PTMU Overlay Zone; the form of the standardized Platinum
Triangle Development Agreement and other related reclassification actions. It was also
determined that future individual development projects and infrastructure improvements
which are proposed to implement The' Platinum :Triangle Master Land Use Plart:and the
PTMU Overlay Zone would require further environmental review and'analysis of potential
site specific environmental,mpacts in'conjunction with the processing of discretionary
applications. Work has commenced`on the preparation of a Subsequent EIR to provide
additional environmental documentation for these requests (it is anticipated that this will be
completed in Spring of nexGyear). Projects thaNprecede certification of the SubsequenF EIR
will require independent environmental review and documentation.
(24) Staff has reviewed the Initial Study for the proposed Stadium Lofts -Anaheim project, a copy
of which has been provided to the Planning Commission and is available for review in the
Planning Department, and finds that with the incbrpora4on'ofmibgation measures set forth
in Mitigation Monitoring Program N¢ 125 no significant environmental impacts would result
from the proposed project and, therefore, recommends that a Mitigated Negative Declaration
be approved upon a finding. by the Planning Commission that the Mitigated Negative
Declaration reflects the independent Judgment of the lead agency; and that it has considered
the proposed Mitigated Negative Declaration together with any comments received during'!
the public review; processahd further finding on"the basis of the Initial Study and any
Page 9
REC
(25)4
[,¢y orrHnaneim:w¢n t,rctwrvexus Hnaneim uorneis, ~w.
(d) By motion, request City Council review'of the requested waivers and ConditionaP Use
Perm iti No. 2004-04906.
Page 10
[DRAFT]
RESOLUTION NO. PC2004--*
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION -
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04906 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califd~nia,
described as:
PARCEL A: PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED
IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED
IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: PARCEL 1 AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL
MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 15, 2004 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 (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:
1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Sections 18.20.090:050, 18.20.030.090 (Table 20-A) and 18.66.040 to modify required
setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839
square foot restaurant within the Stadium Lofts -Anaheim (a proposed high-density urban mixed-use center
with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of
restaurant use, 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking structure)
with waiver of the following:
(a) SECTION NOS.
18.20.110.020.0202.01
AND 18.20.110.020.0202.02
(b) SECTION NOS.
18.20.140.110.1102.02
AND 18.20.140.110.1103.02
Minimum dimension and area
of patios/balconies. (Minimum dimension and '
area required for patios is 8-foot and 100 s.f., and
7-foot and 70 s.f. for balconies; minimum dimension
and area proposed is 3-foot, 8-inches and 39
square foot for patios/balconies)
Required building treatment
adiacent to streets. (18-inch above- grade
residential entries adjacent to State College Blvd.
and the Connector street required; at grade entries
proposed)
Cr\PC2004-0 -1- PC2004-
2. That the above-mentioned waivers (a) pertaining to minimum dimension and area of
patios/balconies and (b) pertaining to required building treatment adjacent to State College Boulevard and
the Connector street are hereby granted on the basis that there are special circumstances applicable to the
property such as its location and unique characteristics resulting from ultimate right-of-way improvements
that will alter the topography and surrounding State College Boulevard and Wright Circle street grades and
unique circumstances pertaining to the intended use of the Connector street mainly for vehicular access with
limited pedestrian orientation due to surrounding land uses. Submitted plans indicate enhanced landscaping
and amenities in recreationallleisure areas in excess of Code requirements and further that all proposed
patios/balconies accommodate seating for passive outdoor relaxation.
3. That because of these special circumstances, strict application of the Zoning Code would deprive
the property of privileges that will be enjoyed by other properties in the vicinity within the Platinum Triangle
Mixed Use Overlay Zone as the majority of properties in The Platinum Triangle will not be affected by the
proposed grade separation ultimate right-of-way improvements along State College Boulevard and Wright
Circle.
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as staff believes the proposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code would still
achieve a project with architecturally enhanced elevations and recreational/leisure amenities for residents in
the project, and further provide a project that is compatible and consistent with the General Plan Mixed-Use
land use designation and The Platinum Triangle Master Land Use Plan.
5. 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.
6. That the traffic generated by the proposed use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area as the proposed project has been
analyzed in a Traffic Impact Study dated September 28, 2004 reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
7. 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.
8. That "* 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 City Planning Commission
pursuant to the provisions of the California Environmental Quality Act ("CEQA"), by motion, does find and
determine, based upon its .independent review and consideration of the Initial Study conducted pursuant to
CEQA for Development Agreement No. 2004-00002 and Conditional Use Permit No. 2004-04906, 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 FE1R 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 No. 106 for The Platinum Triangle, and a Mitigated Negative
Declaration for the Development Agreement and the Proposed Project, together with Mitigation Monitoring
Program No. 125 are adequate to serve as the required environmental documentation for the Proposed
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 Proposed Development Agreement or
Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby
grant subject Petition for Conditional Use Permit, upon the following conditions which are !hereby found to be
-2- PC2004-
a necessary prerequisite to the proposed use of the subject property in order to preserve the health and
safety of the Citizens of the City of Anaheim:
1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004= -
00002, now pending.
2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a
domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water
meter pad and a 10-foot wide access easement along the water line from the street to the water meter
pad for maintenance.
3. That a private water system with separate water service for fire protection and domestic water shall be
provided.
4. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of
the street setback area in a manner fully screened from all public streets and alleys. Said information
shall be specifically shown on plans submitted for approval by the Water Engineering Division of the
Public Utilities Department.
5. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current standards, or
abandoned by the property owner/developer. If the existing services are no longer needed, they shall'be
abandoned by the property owner/developer.
6. That all requests for new water services or fire tines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Public Utilities Department.
7. That prior to submitting the water improvement plans, the properly owner/developer shall submit a water
system master plan., including a hydraulic distribution network analysis, to the Water Engineering
Division of the Public Utilities Department for review and approval. The master plan shall demonstrate
the adequacy of the proposed on-site water system to meet the project's water demands and fire
protection requirements.
t3. That prior to application for water meters, fire lines or submitting the water improvement plans for
approval, the property owner/developer shall submit to the Water Erigineering Division of the Public
Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water
demands for the project, This information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water system improvements required to
serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
9. That individual water service and/or fire line connections shall be required for each .parcel and/or
residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
10. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim
Municipal Code. Said information shall be specifically shown on plans submitted for building permits.
11. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except
where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on
plans submitted for the review and approval of the City Traffic and Transportation Manager.
-3- PC2004-
12. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to
the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved
in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information
shall be specifically shown on plans submitted for building permits.
13. That the legal property owner shall provide the City of Anaheim with an easement for electrical service
lines to be determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim prior to connection of electrical service.
14. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said
turn-around area shall be specifically shown on plans submitted for building permits.
15. That the proposed development shall operate in accordance with the written solid waste management
plan signed on October 16, 2004, by the project applicant, W indstar Communities, Inc. Modifications to
the solid waste management plan shall only occur if mutually agreed upon by both the property owner
and the City of Anaheim Director of Public Works.
16. That any required relocation of City electrical facilities shall be at the property owner/developer's
expense. Landscape and/or handscape screening of all pad-mounted equipment shall be required and
shall be shown on plans submitted for building permits.
17. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure
and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police
Department. CCTV cameras shall be strategically located throughout the parking structure, covering all
areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown
on plans submitted for building permits.
16. That an address monument andlor complex map shall be positioned to be readable from the main
vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during
hours of darkness. Said information shall be specifically shown on plans submitted for building permits.
19. That each individual building and unit shall be clearly marked with its appropriate building number and
address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian
pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height.
Main building numbers and address numbers shall be illuminated during hours of darkness. Said
information shall be specifically shown on plans submitted far building permits.
20. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material, The numbers shall not be visible from view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approval..
21. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital
keypad entry system shall be included to facilitate quick response by emergency personnel. The
system's entry code shall be provided to the Anaheim Police Department Communications Bureau and
the Anaheim Fire Department.
22. That adequate lighting on all levels of the parking structure, including circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the presence of any person on or about
the premises during the hours of darkness and provide a safe, secure environment for all persons,
property, and vehicles on-site. Said information shall be specifically shown on plans submitted for
building permits.
-4- PC2004-
23. That prior to the issuance of the first building permit, the legal owner of the subject property shall
irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width
immediately adjacent to the west property line for placement of street lights, stop signs, fire hydrants, etc.
so as not to encroach onto the public sidewalk along the Connector street.
24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of
Anaheim for the future construction of one-half of the Connector street between Katella Avenue and
Wright Circle to the standards required in The Platinum Triangle Master Land Use Plan. The amount of
the cash payment is set forth in Exhibit "G", Connector Street Cost Estimate of Development Agreement
No. DAG2004-00002.
25. That prior to the first final building and zoning inspection, the interim improvements for the Connector
street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired
and resurfaced to provide a minimum pavement life of ten-years to the satisfaction of the Public Works
Department.
26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of
dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright
Circle, as shown on the approved site plan. The City may defer acceptance of said offer up to the time
that additional dedication and improvements are provided to meet the minimum standards for a
Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance
of the first building permit, the City Engineer and City Attorney shall approve and the property owner
shall record a maintenance covenant providing for the continued operation and maintenance of the street
as a private street until such time as the City accepts the offer of dedication.
27. That prior to issuance of the first building permit,the legal property owner shall irrevocably offer to
dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72-feet
from the centerline of State College Boulevard; 72-feet from the centerline of Katella Avenue and 38-feet
from the centerline of Wright Circle; and 28-feet for the Connector Street between Katella Avenue and
Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in
the Planning Department.
28. That prior to the issuance of the first building permit, the legal property owner shall submit interim
improvement plans for the Connector street to the Development Services Division of the Public Works
Department for review and approval. The Connector street improvements shall be developed in
accordance with the approved plans prior to final building and zonirig inspections.
29. That prior to the issuance of the first building permit, the legal property owner shall finalize the
abandonment of the existing public utilities easement (ABA2004-000098) to the satisfaction of the
Development Services Division of the Public Works Department
30. That Street and Supplemental Lanes Intersection Improvements including street widening, sidewalk and
parkway landscaping and irrigation shall be constructed along State College Boulevard (future 6 Lane
Major, no bike lane, future 60-foot half width with an additional supplemental right tum lane, resulting in a
72-foot wide half width) and Katella Avenue (8 Lane Major, 72-foot half width) in conformance with Public
Works Standard Detail 160-A, Supplemental Lanes Detail 164-A (3 thru lanes, dual lefts, one right) and
The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of
supplemental lane (43-feet from the street centerline) may remain during the interim condition until the
future railroad grade separation is constructed. Wright Circle shall also be improved per approved plans.
Parkway landscaping along all streets shall be installed and maintained by the property owner with
irrigation connected to the on-site system. An improvement bond in a form acceptable to the City
Attorney shall be posted prior to the issuance of the first building permit and street improvements shall
be complete prior to the first final building and zoning inspection.
-5- PC2004-
31. That the legal property owner shall obtain aright-of-way construction permit at the Public Works -
Engineering counter for all work within the public right-of-way. All improvements must be complete and
accepted by the field Engineer prior to the first final building and zoning inspection. Any existing -
improvements damaged prior to or during construction at your site must be repaired prior to clearance for
certificate for occupancy.
32. That prior to issuance of the first building permit, a lot line adjustment plat shall be submitted to the
Subdivision Section (Development Services Division) of the Public Works Department and approved by
the Ciry Engineer and then recorded in the Office of the Orange County Recorder to combine the three
existing lots such that any new building lies completely within one (1) parcel.
33. That the portions of the retaining wall adjacent to Wright Circle and State College Boulevard that will be
visible from the rights-of-way upon completion of right-of-way improvements for the railroad grade
separation, shall be constructed of decorative split face brick or other decorative brick as approved by
the Planning Services Division of the Planning Department. Said information shall be specifically shown
on plans submitted for building permits.
34. That ongoing during project operation, the property owner/developer shall ensure that the business
operator of the subject restaurant shall continuously adhere to the following conditions, as required by
the Police Department:
a. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor sha[I the establishment be operated as a public premise as defined in Section 23039 of
the California Business and Professions Code.
f. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales
during any three (3) month period. The business operator-shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic beverages and other items. These records
shall be made available, subject to audit and, when requested, inspection by any City of Anaheim
official during reasonable business hours.
g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
h. That sales of alcoholic beverages for consumption off the premises shall be prohibited.
i. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages.
j. That the activities occurring in conjunction with the operation of this establishment shalt not cause
noise disturbance to surrounding properties.
-6- PC2004-
k. That the business operator shall comply with Section 24200.5 of the Business and Professions Code
so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to tiuy°
them drinks in the licensed premises under any commission, percentage, salary, or other proftt-
sharing plan, scheme or conspiracy.
I. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
m. That there shall be no public telephones on the premises located outside the building.
n. That the portion of this permit regarding the sales of alcohol shall expire one year from the date of
approval unless a valid license has been issued by the California Department of Alcoholic Beverage
Control.
o. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to
the design of the building or other such permanent structure as approved by the City, at least forty
(40) inches in height, into which entry is only possible from the interior of the business. Emergency
exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees
other than in an emergency. Said information shall be specifically shown on plans submitted for
building permits.
p. That there shall be no direct pedestrian access to the outdoor dining area from outside the building.
All access to this area shall be solely through the restaurant.
q. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed
upon patrons as a condition of entry to the premises.
r. That the subject alcoholic beverage license shall not be exchanged for a public premise (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
s. That at all times that entertainment or dancing is permitted, security measures shall be provided to
the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
t. That there shall be no public telephones on the property that are located outside the building and
within the control of the project applicant.
u. That any and all security officers provided shall comply with all State and Local ordinances regulating
their services, including, without limitation, Chapter 11.5 of Division 3 of the Galifornia Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
35. That french doors acceptable to the Planning Services Division shall be provided on all patio (ground-
floor) doors. Said information shall be specifically shown on plans submitted for building permits.
36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view. Said information shall be specifically shown on the plans submitted for building
permits.
-7- PC2004-
37. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted fpr building permits.
38. That the tubular steel fence to be constructed on top of the retaining wall adjacent to State College
Boulevard and Wright Circle, shall not exceed three (3) feet in height as measured from the top pf the
retaining wall. Clinging vines shall be planted on maximum 5-foot centers, irrigated and maintained,
adjacent to said fence and wall. Said information shall be specifically shown on plans submitted for
building permits.
39. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
40. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
41. That the property owner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Program No. 125 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.
42. That signage for subject facility shall be limited to that shown on the approved Conditional Use Permit
exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage
shall be subject to approval by the Planning Director.
43. That gates shall not be installed across any driveway or private street in a manner which may adversely
affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the
Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic
and Transportation Manager prior to the issuance of the first building permit.
44. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471,
472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
45. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall
be specifically shown on plans submitted for building permits.
46. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses:.
47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or
wall/fence locations. Said information shall be specifically shown on plans submitted for building permits.
48. That the driveway into the project from Katella Avenue shall be limited to right-in and right-out only.
-8- PC2004-
49. That the owner of subject property shall submit a letter requesting termination of Variance No. 4129 (to
waive required dedication of right-of-way to construct a 1,000 square foot outdoor dining area with sales" "
of alcoholic beverages for on-premised consumption), Conditional Use Permit No. 1427 (to establish two
enclosed restaurants with cocktail lounges, in an office building and bank site waiving permitted uses,.
minimum lot size, permitted sign location, maximum sign area and minimum distance between signs),
Conditional Use Permit No. 2862 (to permit asemi-enclosed restaurant with sales of alcohol.for on-
premises consumption with waivers of maximum wall height, minimum structural setback, permitted
encroachments and minimum number of parking spaces) to the Planning Services Division of the
Planning Department.
50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that
efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue
to close the first existing driveway opening from the existing private alley (future Connector street) just
north of Katella Avenue. If consent is obtained, the driveway shall be closed prior to the first final
building and zoning inspection.
51. That assigned parking spaces shall be provided for each residential unit. Said information shall be
specifically shown on plans submitted for building permits.
52. That visitor parking spaces shall be posted, "No Overnight Parking" except by permission of the
management. Said .information shall be specifically shown on plans submitted for building permits.
53. That all above-ground utility devices shall be located on private property and outside any required
setback area. Said information shall be shown on plans submitted for the first building permits.
54. 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 Planning
Department marked Exhibit Nos. 1 through 105, and as conditioned herein.
55. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23,
24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, and 53,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
56. That prior to final building and zoning .inspections, Condition Nos. 21, 25, 28, 30, 31, 50 and 54,
above-mentioned, shall be complied with.
57. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code 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 FURTHER RESOLVED that the Anaheim City 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.
AND BE IT FURTHER :RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all
-9- PC2004-
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 --
November 15, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on .November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this- day of
,2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-10- PC2004-
ATTACHMENT -ITEM N0. 7
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Special Operations Division
To: Cheryl Flores
Pl nning Department
From: Sergeant Mike Lozeau
Vice Detail
CC:
Date: October 27, 2004
RE: CUP 2004-04906
Restaurant within Stadium Lofts
1801 East I{atella Avenue
Anaheim, CA 92805
The Police Department has received the tentative agenda for the
Planning Commission Meeting of November 15, 2004. One of the items
to be discussed is to have a restaurant with sales of alcoholic
beverages within the Stadium Lofts.
The location is within Reporting District 2027, which has a crime rate of
49 percent below average. It is also within census tract number 863.03,
which has a population of 4,546. This population allows for 5 on sale
Alcoholic Beverage Control licenses and there are presently 19 licenses
in the tract.
The Police Department would deny this request due to the over
concentration of licenses; however, we do not feel this request by the
applicant would negatively impact the surrounding businesses or
neighborhoods. We would be supportive of a Type 47 ABC License at
this location. We requests that the following conditions be placed on
the CUP:
1) At all times when the premise is open for business, the premise
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
2) Petitioner shall not share any profits, or pay any percentage or
commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge., or any other
form of admission charge, including minimum drink orders, or the
sale of drinks.
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL: 714.765.1401
FAX: 714.765.1665
7
Memorandum
Cheryl Flores
Stadium Lofts Restaurant
3) There shall be no pool tables or amusement devices maihtained
upon the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
4) The gross sales of alcoholic beverages shall not exceed 40
percent of the gross sales of all retail sales during any three (3)
month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic
beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when
requested.
5) There shall be no live entertainment, amplified music or dancing
permitted on the premise at any time unless the proper permits
.have been obtained from the City of Anaheim.
6) The sale of alcoholic beverages for consumption off the premise
shall be prohibited.
7) There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
8) The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
9) That subject alcoholic beverage license shall not be exchanged
for a public premise (bar) type license nor shall the establishment
be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
10) There shall be no admission fee, cover charge, nor minimum
purchase required.
11) That the parking lot serving the premises shall be equipped with
lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminated
the windows of nearby residences.
12) That all doors serving subject restaurant shall conform to the
requirements of the Uniform Fire Code and shall be kept closed at
all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
Page Z
Memorandum
Cheryl Flores
Stadium Lofts Restaurant
13) That the business operator shall comply with Section 24200.5'of
the Business and Profession Code so as not to employ or permit
any persons to solicit or encourage others, directly or indirectly, to
buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
14) At all times that entertainment or dancing is permitted, security
measures shall be provided to the satisfaction of the Anaheim
Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly
and movement of persons and vehicles, and to prevent
disturbance to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
15) There shall be no public telephones on the property that are
located outside the building and within the control of the applicant.
16) Any and all security officers provided shall comply with all State
and Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code. (Section 4.16:070 Anaheim Municipal
Code)
Please contact me at extension 1451 if you require further information.
t\hame\mminvin\2004-04906 Stadium Lofts RestauranLdoc
Page 3
ATTACHMENT -ITEM N0. 7
SECTION 4
APPLICANT'S STATEMENT OF
IUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: l ~ ~2~w~~D •OzQ
(A epazate sj~te ent is r~
PERTAINING TO:. m I V1 II.111,{Y!'I %~1/YIG~YJSi n~f~37~~ %f'~Y1~1~2. it
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size; shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classifcation in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
I. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? %Yes _ No.
?,
answer if "yes," desc ibe the s ecial circumst nces:
4.
~~ou.;-~arr/s ~~~r.~a~r/~,~s a~9 /~i~u.-z° a~,os art
Were the specral cvc stances ~r ated by causes beyond the control of a property owner (or previous
owners)? T Yes _ No
~`/lkCllJ e~ lt?77? dSj~i~°yt° • ~?~'cL /-o~-r~/,C Ts a /S a ,~z~ J«r~,~J .
The sole purpose o any vanan a or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not tlt ise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
_. /Di
Si atu ro erty Owner or Authorized Agent Date
CONDITIONAL USE PERMIT/VARIANCE NO.
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? /Yes _ No
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
ATTACHMENT - ITEM N0. 7
SECTION 4
APPLICANT'S STATEMENT OF
JUSTIl=ICATION FOR VARIANCE!CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~~ r ZD• /~O_• //O~ ~~17~ ~ LYL -'~Y7 c-I'l4~' ~-~J~ PC',
(A separate statement is required for each Code waiver)
PERTAINING TO: DIA(~~~1/7Gl G1/7 /~ ~j~.S S"hu // q~ ~F~,~~-/~'~/ Gl~jy i;~~
SI~LeLC;a/~. .
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver maybe granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
sursoundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
[n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special pircumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _Yes _ No.
answer is "Yes," describe the special circumstances: f'rnjeCs{- Si }G is ~ p~-}P~,( On I~,1~UG
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? /Yes _ No
answer is "yes," describe how the property is
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? /Yes _No
answer if "yes,".describe the special circumstances:
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
which is not op{terwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
~2 ~
Sig~of P perry caner or Authorized Agent Date
CONDITIONAL USE PERMIT/VARIANCE NO.
GUP Q, 2004 ° 0 4 90 6
Were the special cvcu~stances created by causes beyond the control of the property owner (or previous property
owners)? _Yes _ No
ATTACHMENT -ITEM N0. 7
SECTION 4
APPLICANT'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF COPE SECTION: ~~' ~° ~ `r!/ - //~ ~ IIDs . pL- C~h n~ ~r S7`~r~
_/ (A eparate statement is re aired for each Code waiver)
PERTAINING TO: J~O ~~ yT C-/WP~~/n9 U/1 / ~ 11.5 /J~ ~-/P~S~ ll'~"~bn ~e s1r/e[, y~~/~
Sections 18.74:060 of the Anaheim Municipal Code requires that before any vaziance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
Thai there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
[n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
an•ive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? /yes _ No.
answer is "Yes," describe the
?,
~S /7Pr C i Gvi r-
4 ,~ ,cS /r!-EGJ+d~Gt ~Y ~~ S~7"~~t,~i try( rice
Are the special circumstances that~~pply to the property different from other properties in the vicinity which are in the
same zone as your property? /yes _ No
~ ., ..
3.
If ur answer if "yes," descn a the
~r°i~~~~c ~.
4
The sole
circumstances:
of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
:rwise expressly authorized'by zone regulations governing subject property. Use vaziances aze not permitted.
z~~Gl.
pe caner or Authorized Agent Date
is not
CONDITIONAL USE PERMITNARIANCE NO.
CUP a 2004-04906
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? / es _No
Were the special circurrystances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes _/No
[DRAFT] ATTACHMENT -ITEM N0. 7
RESOLUTION NO. PC2004-
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING
COMMISSION RECOMMENDING CITY COUNCIL
APPROVAL OF DEVELOFMENT AGREEMENT NO. 2004-
00002 BY AND BETWEEN THE CITY OF ANAHEIM AND
CREA/NEXUS ANAHEIM CORNERS, LLC. AND MAKING
CERTAIN FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division I 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. 4377 (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 Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of
Anaheim ("General Plan Amendment"), and certified 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 and Gateway Districts of the PTMU Overlay Zone.,
except as otherwise exempt under the Code; and
WHEREAS, when a Final Site Plan application includes a request for a Variance
or a Conditional Use Permit, the PTMU Overlay Zone requires the Variance and/or Conditional
Use Permit applications to be processed concurrently with the Development; 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, in connection with adoption of The Platinum Triangle Master Land
Use Plan, the PTMU Overlay Zone, and the form of the Standard Development Agreement for
The Platinum Triangle, the City Council by motion, as lead agency for the proposed actions,
determined that FE[R 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 October 4, 2004, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
Agreement Law"), CREA/Nexus Anaheim Corners, LLC. ("Applicant"), submitted an
application to the Planning Department for approval of Development Agreement No. 2004-
00002 (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 Stadium Lofts -Anaheim project; and
WHEREAS, the Development Agreement pertains to approximately 6,284 acres
of real property in the City of Anaheim, owned in fee by the Applicant, commonly known as ,. _,
1801 EasC Katella Avenue (the "Froperty"), which is located in The Platinum Triangle and 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 mixed use project consisting of 390
apartments, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of
clubhouse/leasing and an 845 space parking structure, as more particularly set forth in Final Site
Plan No. 2004-00005 and Conditional Use Permit No. 2004-04906 (hereinafter collectively
referred to as the "Project"); and
WHEREAS, on October 14, 2004, the Planning Director approved Final Site Plan
No. 2004-00005 to provide for the development of the Stadium Lofts -Anaheim project,
contingent upon the approval of Conditional Use Permit No. 2004-04906 and Development
Agreement No. 2004-00002 by the Planning Commission and City Council; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November I5, 2004, 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 and Conditional Use Permit No. 2004-04906 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 390 apartments, 2,820 squaze
feet of retail, 7,839 squaze feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845
space parking structure; 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:
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 applicable zoning district in that the Project is in compliance
with the PTMU Overlay Zone requirements as set forth in Final Site Plan No.
2004-00005, which has been approved by the Planning Duector, and Conditional
Use Permit No. 2004-0496, which has been approved by the Planning
Commission pursuant to Resolution No. PC2004- adopted on November 15,
2004.
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.
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Planning Commission has reviewed the Development Agreement in conjunction
with the proposed Conditional Use Permit No. 2004-04906; 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 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. 125 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 or Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim City 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 November 15, 2004.
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST
SECRETARY, ANAHEIM CITY PLANNIGN COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ,Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on , by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANT: COMMISSIONERS:
IN WITNESS WHEREOF., I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
56308.v2/mgo rdo n/ 11.04.04
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Conditional Use Permit No. 2004-04906 Subject Property
Development Agreement No. 2004-00002 Date: November 15, 2004
Scale: 1" = 200'
Requested By: CREA/NEXUM ANAHEIM CORNERS, LLC Q.S. No. 107
CONDITIONAL USE PERMIT NO. 2004-04906 - REQUEST TO MODIFY REQUIRED SETBACKS AND TO PERMIT
SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION I N A PROPOSED RESTAURANT WITHIN
THE STADIUM LOFTS -ANAHEIM (A PROPOSED HIGH-DENSITY URBAN M IXED-USE CENTER WITH 390
APARTMENT DWELLING UNITS LOCATED ABOVE RETAILAND RESTAURANT USES, AND CLUBHOUSEAND
LEASING OFFICE SURROUNDING A 5-LEVEL PARKING STRUCTURE)
WITH WAIVERS OF: (A) MINIMUM DIMENSION ANDAREA OF PATIOS/BALC ONIES
(B) REQUIRED BUILDING TREATMENT ADJACENT TO STREETS
DEVELOPMENT AGREEMENT NO.2004-00002 - REQUEST TO ADOPT A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OFANAHEIM AND NEXUS PROPERTIES, INC. FOR THE STADIUM LOFTS - ANAHEIM PROJECT.
1801 East Katella Avenue 1573
ITEM N0. 7
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Council
City of Anaheim
c/o City Clerk
P.O. Bax 3222
Anaheim, California 92805
(Space Above Line For Recorder's Use)
DEVELOPMENT AGREEMENT NO. DAG 2004-00002
BETWEEN
THE CITY OF ANAHEIM
AND
CREAlNexus Anaheim Corners, LLC.
DEVELOPMENT AGREEMENT NO. DAG 2004-00002
BETWEEN
THE CITY OF ANAHEIM
AND
CREA/Nexus Anaheim Corners, LLC.
TABLE OF CONTENTS
Page
RECITALS .............................................................................................................. 1
Section 1. DEFINITIONS ........................................ .......................................... 5
1.1 Assessment District .................... ........................................... 5
1.2 Authorizine Ordinance ............... .......................................... 5
1.3 CITY .......................................... ........................................... 5
1.4 Conditional Use Permit .......... ................................ 5
1.5 Development .............................. ........................................... 6
1.6 Development Aereement Date .... .......................................... 6
1.7 Development Asreement Statute .......................................... 6
1.8 Development Approvals ............. .......................................... 6
1.9 Enabline Ordinance ..................... ......................................... 6
1.10 Exsting_Land Use Reeulations ... .......................................... 6
1.11 Final Site Plan ............................. ........................................... 6
1.12 Gross Floor Area/GFA ................ .......................................... 7
1.13 Interim Development Fees .......... ........................................... 7
1.14 MortgaQe ..................................... ...........................................7
1.15 MorteaQee .................................... ......................................... 7
1.16 Owner .......................................... .......................................... 7
1.17 Parkine Areas .............................. .......................................... 7
1.18 Permitted Buildines ..................... ......................................... 7
1.19 Plafinum Trianele Area ............... ........................................... 7
1.20 Procedures Resolution ................. .......................................... 7
1.21 Proiect .......................................... ........:................................. 7
1.22 Property ....................................... ...........................................8
1.23 implemental Property ........... ................................. 8
1.24 Support Commercial Uses .......... .......................................... 8
1.25 Term ............................................ ...........................................8
Section 2. TERM ...................................................... ........................................... 8
2.1 ..................................................... ........................................... 8
2.2 ..................................................... ........................................... 8
2.3 ........................................... ........................................... 8
Section 3. BINDING COVENANTS ....................... .......................................... 9
Section 4. EFFECT OF AGREEMENT ................... .......................................... 9
Section 5. PROJECT LAND USES......:..
............................ 9
Section 6. PERMITTED BUILDINGS ............................................................... 9
6.1 Description of Permitted Buildings .................................................... 9
6.2 Pazking Areas ................................................................................::::. 9
Section 7. DENSITY OF PERMITTED BUILDINGS ..............................:..... 10
Section 8. ENFORCEMENT .............................................................................10
Section 9. PUBLIC IMPROVEMENTS AND SERVICES ............................ 10
9.1 Public Pazk ........................................................................... 11
9.2 Utilities (Water, Electrical, Gas, Sewer, & Drainag,......... 11
9.2.1 Water Service ....................................................................... 11
9.2.2 Storm and Sewer Drains ...................................................... 12
9.3 Timing, Phasine and Sequence of Public
Improvements and Facilities .................................................12
9.4 Traffic Circulation Improvements ........................................ 12
Section 10. REIMBURSEMENT PROVISION ..................................................12
Section 11. DEDICATIONS AND EXACTIONS .................................. 12
Section 12. FEES, TAXES AND ASSESSMENT .............................................13
12.1 Fees, Taxes and Assessments ............................................ ... 13
12.2 Platinum Triangle Interim Development Fees .................. ... 13
12.2.1 Electrical Utilities UnderQroundine Fee ............................ ...13
12.2.2 Fire Facilities Fee .............................................................. ... 13
12.2.3 General Plan and Environmental Processine Fee .............. ...13
12.2.4 Library Facilities Fee ......................................................... ...13
12.2.5 Pazk Fee ............................................................................. ... 13
12.2.6 Police Facilities Fee .:.............. ~ ............................ ...13
12.2.7 Public Works Supplemental Sewer. Storm Drain and
Beautification Fees ............................................. ... 13
12.2.8 Traffic Impact Fee ............................................................. ... 14
12..3 Excluded Development Fees ............................................. ... 14
12.3.1 Water Utilities Fees .................................................:........ ... 14
12.3.2 Electrical Utilities Fees ...................................................... ...14
12.3.3 City Processing Fees .......................................................... ...14
12.4 Platinum Triangle Infrastructure and/or Maintenance
Assessment District ............................................ ....14
12.5 Accounting of Funds ......................................................... ....14
12.6. Imposition of Increased Fees, Taxes or Assessments....... ....14
Section 13 COVENANTS, CONDITIONS AND RESTRICTIONS .................15
Section 14
Section 15.
Section 16.
Section 17.
17.1
17.2
17.3
Section 18
18.1
18.2
18.3
18.4
18.5
NEXUS/REASONABLE RELATIONSHIP CHALLENGES.........15
TIMING OF DEVELOPMENT ...................................................... 15
EXISTING USES ......................................................................15 ,
FUTURE APPROVALS ...................................................................15
Basis for Denyine or Conditionall~Granting Future
Approvals ............................................................................. 1 S
Standazd of Review ............................................................... i 6
Future Amendments to Final Site Plan ................................16
AMENDMENT ................................................................................ 16
Initiation of Amendment ...................................................... 16
Procedure ............................................................................. 16
Consent ................................................................................ 16
Amendments ........................................................................16
Effect of Amendment to Development Aereement .............. 17
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY 17
19.1 Non-Cancellation ofRi~hts ..................................................17
Section 20. BENEFITS TO CITY ....................................................................... 17
Section 21. BENEFITS TO OWNER........,.
.................. 17
Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND
PROMOTED BY DEVELOPMENT AGREEMENT STATUTE... 18
Section 23. RESERVED AUTHORITY ............................................................. 18
23.1 State and Federal Laws and Regulations .............................. 18
23.2 Building Codes ...................................:................................ 18
23.3 Public Health and Safety ...................................................... 18
Section 24. CANCELLATION ........................................................................... 19
24.1 Initiation of Cancellation ..................................................... 19
24.2 Procedure ......::..................................................................... 19
24.3 Consent of Both Parties ........................................................ 19
Section 25. PERIODIC REVIEW ....................................................................... 19
25.1 Time for Review .................................................................. 19
25.2 OWNER's Submission .........................................................19
25.3 Findings ............................................................................... 14
25.4 Initiation of Review by City Council ....................................20
Section 26. EVENTS OF DEFAULT ...............................
26.1 Defaults by OWNER ........................
26.2 Specific Performance Remedy...........
26.3 Liquidated Damages Remedy............
.................................. 20
................................... 20
.................................. 20 ,- .._.
................................... 21
Section 27. MODIFICATION OR TERMINATION .......................................... 21
27.1 Notice to OWNER .........................................................x...... 21
27.2 Public Hearing ..................................................................... 22
27.3 Decision ................................................................................ 22
27.4 I~lementation .................................................................... 22
27.5 Schedule for Compliance ..................................................... 22
Section 28. ASSIGNMENT ................................................................................ .22
28.1 Right to Assign .................................................................... .22
28.2 Release Upon Transfer ......................................................... ..23
Section 29. NO CONFLICTING ENACTMENTS ............................................ 23
Section 30. GENERAL ........................................................................................ 24
30.1 Force Maieure ....................................................................... 24
30.2 Construction of Development Agreement ........................... 24
30.3 Severabilitv .......................................................................... 24
30.4 Cumulative Remedies ........................................................... 25
30.5 Hold Harmless A¢Bement ................................................... .25
30.6 Cooperation in the Event of Leeal Challeng_e ...................... 25
30.7 Public Agency Coordination ................................................ .25
30.8 Initiative Measures ............................................................... 25
30.9 Attorneys' Fees .................................................................... 26
30.10 No Waiver ............................................................................. 26
30.11 Authority to Execute ............................................................. 26
30.12 Notice ................................................................................... 26
30.12.1 Notice to OWNER ................................................................ 26
30.12.2 Notice to CTI'Y ..................................................................... 27
30.13 Captions ................................................................................ 27
30.14 Consent ................................................................................ 27
30.15 Further Actions and Instruments .....................................:.... 28
30.16 Subsequent Amendment to Authorizing Statute .............. 28
30.17 Governing Law ..................................................................... 28
30.18 Effect on Title ....................................................................... 28
30.19 Mortgagee Protection ............................................................ 28
30.20 Notice of Default to Mortgagee; Right of Mortga eg e to
Cure ................................................................. 28
30.21 Banlmiutcy ............................................................................ 29
30.22 Disaffirmance ........................................................................ 29
30.22.1 ....................................................................... 29
30.22.2 ....................................................................... 29
iv
30.22.3 ...................................................... ................ 29
30.22.4 ...................................................... ................ 29
30.22.5 ...................................................... ................. 29
30.23 No Third Pazty Beneficiaries ........................ ....................... 29
30.24 Project as a Private Undertaking .................... .......................30-,
30.25 Restrictions ..................................................... ......................30
30.26 Recitals ........................................................... ......................30
30.27 Recordine ....................................................... .......................30
30.28 Title Report ................................................... ....................... 30
30.29 Entire Aereement .......................................... .......................30
30.30 Successors and Assierrs ................................. .......................31
30.31 OWNER'S Title to Property .......................... .......................31
30.32 Exhibits ......................................................... ....................... 31
LIST OF EXHIBITS
Exhibit "A" Legal Description of the Property
Exhibit "B" Final Site Plan (FSP 2004-00005)
Exhibit "C" Conditional Use Pernrit No. CUP 2004-04906
Exhibit "D" Platinum Triangle Interim Development Fees
Exhibit "D-1" Electrical Utilities Undergrounding Fee
Exhibit "D-2" Fire Facilities Fee
Exhibit "D-3" General Plan and Environmental Processing Fee
Exhibit "D-4" Librazy Facilities Fee
Exhibit "D-5" Pazk Fee
Exhibit "D-6" Police Facilities Fee
Exhibit "D-7" Public Works Supplemental Sewer, Storm Drain and Beautification
Fees
Exhibit "D-8" Traffic Impact Fee
Exhibit "E" Development and Maintenance Obligations
Exhibit "F" Preliminary Title Report
Exhibit "G" Connector Street Cost Estimate
v
DEVELOPMENT AGREEMENT NO. DAG 2004-00002
BETWEEN
THE CITY OF ANAHEIM
AND
CREA/Nexus Anaheim Corners, LLC
This Development Agreement is entered into this 15th day of November, 2004, by and
between the City of Anaheim, a charter city and municipal corporation, duly organized
and existing under the Constitution and laws of the State of California (hereinafter
"CITY") and CREA/Nexus Anaheim Comers, LLC, a Delaware limited liability
company (hereinafter "OWNER"), pursuant to the authority set forth in Article 2.5 of
Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California
Government Code (the "Development Agreement Statute").
RECITALS
This Development Agreement is predicated upon the following facts:
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the Legislature
of the State of California adopted the Development Agreement Statute, Sections 65864,
et seq., of the Government Code. The Development Agreement Statute authorizes CITY
to enter into binding development agreements with persons having legal or equitable
interests in real property for the development of such property in order to, among other
things: encourage and provide for the development of public facilities in order to support
development projects; provide certainty in the approval of development projects in order
to avoid the waste of resources and the escalation in project costs and encourage
investment in and commitment to comprehensive planning which will make maximum
efficient utilization of resources at the least economic cost to the public; provide
assurance to the applicants of development projects (1) that they may proceed with their
projects in accordance with existing policies, rules and regulations, subject to the
conditions of approval of such projects and provisions of such development agreements,
.and (2) encourage private participation in comprehensive planning and reduce the private
and public economic costs of development.
B. These Recitals refer to and utilize certain capitalized terms, which are defined
in this Development Agreement. The parties intend to refer to those definitions in
conjunction with the use thereof in these Recitals.
C. On May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City
of Anaheim (the "General Plan Amendment"), and certified Final Environmental Impact
Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations,
and associated Mitigation Monitoring Plans ("FEIlZ No. 330"), in conjunction with its
consideration and approval of the General Plan Amendment, amendment of CITY's
zoning code, and a series of related actions.
1
D. CITY desires that the 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 called "The Platinum Triangle Area") be developed as
a combination of high quality industrial, office, commercial and residential uses, as
envisioned in the General Plan Amendment.
E. In order to carry out the goals and policies of the General Plan for The
Platinum Triangle, on May 25, 2004, the City Council approved The Platinum Triangle
Master Land Use Plan, setting forth the new vision for The Platinum Triangle.
F. To further implement the goals and policies of the General Plan for The
Platinum Triangle, the City Council has established The Platinum Triangle Mixed-Use
(PTMU) Overlay Zone (hereinafter the "PTMU Overlay Zone") consisting of
approximately three hundred and seventy-five acres within The Platinum Triangle 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
combine residential with non-residential uses including office, retail, business services,
personal services, public spaces and uses, and other community amenities within the azea.
G. OWNER represents that it owns in fee approximately 6.284 acres of real
property located at 1801 East Katella Avenue, in the City, County of Orange (hereinafter
"County"), State of California (hereinafter collectively called the "Property") in The
Platinum Triangle and zoned PTMU Overlay and more particulazly shown and described
on Exhibit "A" attached hereto and made a part hereof by this reference.
H. OWNER desires to develop the Property in accordance with the provisions of
this Development Agreement by developing a mixed use project consisting of 390
apartments, 2,820 squaze feet of retail, 7,839 squaze feet of restaurant, 6,297 squaze feet
of clubhouse/leasing and an 845 space parking structure all as more particulazly set forth
in the Final Site Plan (hereinafter collectively called the "Project").
I. CITY desires to accomplish the goals and objectives set forth in the CITY's
General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection
18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will
accomplish said goals and objectives.
J. The City Council, as duly recommended by the Planning Commission, adopted
Ordinance No. 5936 on August 24, 2004 reclassifying the property in The Platinum
Triangle, including the Property, into the PTMU Overlay Zone.
K. Pursuant to the Final Site Plan, OWNER will .submit tentative maps and/or
vesting tentative maps, if required. OWNER further .anticipates the submission of
detailed construction plans and other documentation required by CITY in order for the
OWNER to obtain its building permits.
Z
L. As consideration for the benefits gained from the vested rights acquired
pursuant to the Development Agreement Statute, to conform with the requirements of the
PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by
Mitigation Monitoring Program No. 106 and Mitigation Monitoring Program No. 125 for
the Project, CITY is requiring that OWNER construct and install a number of public
improvements, including off-.site traffic circulation improvements, and provide other
public benefits.
M. In order to avoid any misunderstandings or disputes which may arise from
time to time between OWNER and CITY concerning the proposed development of the
Project and to assure each party of the intention of the other as to the processing of any
land use entitlements which now or hereafter maybe required for such development, the
parties believe it is desirable to set forth their intentions and understandings in this
Development Agreement. In order for both CITY and OWNER to achieve .their
respective objectives, it is imperative that each be as certain as possible that OWNER
will develop and that CITY will permit OWNER to develop the Project and public
improvements as approved by CITY within the time periods provided in this
Development Agreement.
N. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23,
1982, which makes CITY subject to the Development Agreement Statute. Pursuant to
Section 65865 of the Development Agreement Statute, CITY adopted Resolution No.
82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures
Resolution establishes procedures and requirements for the consideration of development
agreements upon receipt of an application.
O. On October 4, 2004, as required by Section 1.0 of the Procedures Resolution,
OWNER submitted to the Planning Department an application for .approval of a
development agreement (hereinafter called the "Application"). The Application included
a proposed development agreement (the "Proposed Development Agreement").
P. On October 21, 2004, as required by Section -65867 of the Development
Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director
gave public notice of the .City Planning Commission's intention to consider a
recommendation to the City Council regarding adoption of a development agreement.
Q. On November 15, 2004, as required by Section 65867 of the Development
Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning
Commission held a public hearing on the Application.
R. On that date, the City Planning Commission, after considering an Initial Study
conducted pursuant to CEQA for this Development Agreement, and the requirements of
CEQA, including .Section 21166 of the California Public Resources Code and Section
15162 of the CEQA Guidelines, found and determined that FEIR No 330 previously
certified by the City Council for the Amended Genera] Plan and related projects, together
with Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated
3
Negative Declaration for the Development Agreement and the Project, together with
Mitigation Monitoring Program No. 125,are adequate to serve as the required
environmental documentation for this Development Agreement and satisfy al] of-the-
requirements of CEQA, and that no further environmental documentation need be
prepared for this Development Agreement.
S. The Planning Commission further found that the Development Agreement
meets the following standazds set forth in Section 2.3 of the Procedures Resolution, to
wit, that the Proposed Project: (a) is consistent with the CITY's existing General Plan, (b)
is compatible with the uses authorized in and the regulations prescribed for the applicable
zoning district, (c) is compatible with the orderly development of property in the
surrounding area and (d) is not otherwise detrimental to the health, safety and general
welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning
Commission recommended that the City Council approve the Application and this
Development Agreement pursuant to Resolution No. PC. (resolutiou number to be
inserted)
T. On November 4, 2004, as required by Section 65867 of the Development
Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused
public notice to be given of the City Council's intention to consider adoption of a
development agreement.
U. On November 16, 2004, as required by Section 65867 of the Development
Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a
public hearing on the Application.
V. On that date, the City Council after considering an Initial Study conducted
pursuant to CEQA for this Development Agreement, and the requirements of CEQA,
including Section 21166 of the California Public Resources Code and Section 15162 of
the CEQA Guidelines, found and determined that FEIR No. 330 previously certified by
the City Council for the Amended General Plan and related projects, together with
Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated
Negative Declazation for the Development Agreement and the Project, together with
Mitigation Monitoring Program No. 125, aze 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
prepazed for this Development Agreement.
W. On November 16, 2004, the City Council found and determined that this
Development Agreement: (i) is consistent with the CITY's existing General Plan; (ii) is
not otherwise detrimental to the health, safety and general welfaze of the citizens of
CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's
police power; and (iv) is entered into pursuant to and in compliance with the
requirements of Section 65867 of the Development Agreement Statute and the
Procedures Resolution.
4
X. In preparing and adopting the General Plan and in granting the Development
Approvals, CITY considered the health, safety and general welfare of the residents of
CITY and prepared in this regazd an extensive environmental impact report and other - --
studies. Without limiting the generality of the foregoing, in preparing and adopting the
General Plan and in granting the Development Approvals, the City Council cazefully
considered and determined the projected needs (taking into consideration the planned
development of the Project and all other areas within the CITY) for water service; sewer
service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire
services, paramedic and similaz improvements, facilities and services within The
Platinum Triangle, and the appropriateness of the density and intensity of the
development comprising the Project and the needs of the CITY and surrounding aeeas for
other infrastructure.
Y. On November 16, 2004, the City Council adopted the Authorizing Ordinance
.authorizing the execution of this Development Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the
Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to
the mutual promises and covenants herein contained, the parties hereto agree as follows:
Section 1. DEFINITIONS.
The following words and phrases aze used as defined terms throughout this
Development Agreement, and each defined term shall have the meaning set forth below:
1.1 Assessment District. "Assessment District" for purposes of this Development
Agreement means a special district, assessment district or benefit azea existing pursuant
to State law or the charter powers of the CITY for purposes of financing the cost of
public improvements, facilities, services and/or public facilities fees within a distinct
geographic azea of the CITY.
1.2 Authorizine Ordinance. The "Authorizing Ordinance" means Ordinance Na
approving this Development Agreement.
1.3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal
corporation, duly organized and existing under its charter and the Constitution and laws
of the State of California.
1.4 The "Conditional Use Permit" means Conditional Use Permit No. CUP 2004-
04906 to modify the required setbacks and to permit sales of alcoholic beverages for on-
premises consumption in the proposed restaurant with waivers of minimum dimension
and azea of patios balconies and required building treatment adjacent to the street, a copy
of which is attached hereto as Exhibit "C."
5
1.5 Development. "Development" means the improvement of the Property for
purposes of effecting the structures, improvements and facilities comprising the Project,
including, without limitation: grading, the construction of infrastructure and public
facilities related to the Project whether located within or outside the Property; the
construction of structures and buildings and the installation of landscaping.
1.6 Development Agreement Date. The "Development Agreement Date" means
the later of (i) the date of recordation in the office of the County Recorder of this
Development Agreement, or a memorandum thereof, or (ii) the effective date of the
Authorizing Ordinance.
1.7 Development Agreement Statute. The "Development Agreement Statute"
means Sections 65864 through 65869.5 of the California Government Code as it exists on
the Development Agreement Date.
1.8 Development Approvals. "Development Approvals" means the Final Site
Plan, the Conditional Use and all site specific plans, maps, permits and other entitlements
to use of every kind and nature contemplated by the Final Site Plan which are approved
or granted by CITY in connection with development of the Property, including, but not
limited to: site plans, tentative and final subdivision maps, vesting tentative maps,
variances, conditional use permits and grading, building .and other similaz permits. To the
extent any of such site specific plans, maps, permits and other entitlements to use aze
amended from time to time, "Development Approvals" shall include, if OWNER .and
CITY agree in writing, such matters as so amended. If this Development Agreement is
required by law to be amended in order for "Development Approvals" to include any
such amendments, "Development Approvals" shall not include such amendments unless
and until this Development Agreement is so amended.
1.9 Enabling Ordinance. The "Enabling Ordinance" means Ordinance No. 4377
enacted by the CITY on November 23, 1982.
1.10 Existine Land Use Regulations. "Existing Land Use Regulations" mean the
ordinances and regulations adopted by the City of Anaheim in effect on the Effective
Date, including the adopting ordinances and regulations that govern the permitted uses of
land, the density and intensity of use, and the design, improvement, construction
standazds and specifications applicable to the development of the Property,. including, but
not limited to, the General Plan, the Zoning Code, The Platinum Triangle Master Land
Use Plan, Mitigation Monitoring Program No. 106, Mitigation Monitoring Program No.
125, and all other ordinances of the City establishing subdivision standards, park
regulations, impact or development fees and building .and improvement standazds, but
only to the extent the Zoning Ordinance and such other regulations are not inconsistent
with this Development Agreement. Existing Land Use Regulations do not include non-
land use regulations, which include taxes.
1.11 Final Site Plan. The "Final Site Plan" means Final Site Plan No. FSG 2004-
00005, as approved by the City Council on November 16, 2004, a copy of which is on
6
file in the Planning Deparhnent, and made a part hereof by this reference, which is
summarized in Exhibit "B" attached hereto.
1.12 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor
area of any of the Permitted Buildings.
1.13 Interim Development Fees. "Interim Development Fees" aze the fees
imposed within The Platinum Triangle pending adoption of permanent fee programs by
the City as set forth in Pazagraph 12.2 of this Agreement.
1.14 Mortgage. "Mortgage" means a mortgage, deed of trust or sale and leaseback
arrangement or other transaction in which the Property, or a portion thereof or an interest
therein, is pledged as security.
1.15 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a
Mortgage, or the owner of the Property, or interest therein, under a Mortgage.
1.16 Owner. "Owner" is CREA/Nexus Anaheim Comers, LLC, and any person or
entity with which or into which CREA/Nexus Anaheim Comers, LLC may merge, .and
any person or entity who may acquire substantially all of the assets of CREA/Nexus
Anaheim Corners, LLC, and any person or entity who receives any of the rights or
obligations of under this Development Agreement in accordance with the provisions of
Section 28 (Assignment) of this Development Agreement.
1.17 Pazking Areas. The "Parking Areas" means all parking structure(s), and/or all
surface pazking servicing the Project.
1.18 Permitted Buildings. "Permitted Buildings" include a mixed use structure
consisting of apartments, clubhouse/leasing, retail and restaurant uses and the Pazking
Areas as identified in Section 6 of this Development Agreement and as further set forth in
the Final Site Plan. This Development Agreement establishes maximum and minimum
chazacteristics for each of the Permitted Buildings, as set forth in the Final Site Plan.
1.19 Platinum Triangle Area. "The Platinum Triangle" means that portion of the
City of Anaheim generally bounded on the east by the Santa Ana River, on the south by
the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the
Southern California Edison Easement.
1.20 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-
565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute.
1.21 Project. The "Project" means the development project contemplated by the
Development Plan with respect to the Property, including but not limited to on-site .and
off-site improvements, as such development project is further defined, enhanced or
modified pursuant to the provisions of this Development Agreement.
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1.22 Property. The "Property" means that certain real property shown and
described on Exhibit "A" to this Development Agreement.
1.23 Suoplemental Parcel. A "Supplemental Parcel" is a pazcel to be incorporated
into the "Property" by sepazate action in the nature of a lot line adjustment prior to the
commencement of construction on the project, at which time the supplemental pazcel
shall be merged into the "Property."
1.24 Support Commercial Uses. "Support Commercial Uses" are
commercial~retail uses which may include retail uses, banking or financial offices, food
service, restaurants, service establishments and other similar uses in keeping with the
nature of the Project and the required uses needed to support the occupants of office
buildings, other office development, sports and entertainment venues and residential
development in The Platinum Triangle.
1.25 Term. "Term" is defined in Section 2 of this Development Agreement.
Section 2. TERM.
2.1 The term (hereinafter called "Term") of this Development Agreement shall be
that period of time during which this Development Agreement shall be in effect and bind
the parties hereto. The Term shall commence on the Development Agreement Date and
shall extend for a period of five (5) yeazs thereafter, terminating at the end of the day on
the fifth anzuversary of the Development Agreement Date, subject to the periodic review
and modification or termination provisions defined in Section 25 and Section 27,
respectively, of this Development Agreement, and further subject to a reasonable
extension for completion of the Project in accordance with the Timing of Development
schedule set forth in Section 15 of this Development Agreement.
2.2 This Development Agreement shall terminate and be of no force and effect
upon the occurrence of the entry of a final judgment or issuance of a final order, after all
appeals have been exhausted, directed to CITY as a result of any lawsuit filed against
CITY to set aside, withdraw or abrogate the approval of the City Counci] of this
Development Agreement or if termination occurs pursuant to the provisions of the
Procedures Resolution and such termination is so intended thereby.
2.3 If not already terminated by reason of any other provision in this Development
Agreement, or for any other reason, this Development Agreement shall automatically
terminate and be of no further force and effect upon completion of the Project pursuant to
the terms of this Development Agreement and any further amendments thereto and the
issuance of all occupancy permits and acceptance by CITY of al] dedications and
improvements as required by the development of the Project.
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Section 3. BINDING COVENANTS.
The provisions of this Development Agreement to the extent permitted by law shall .
constitute covenants which shall run with the Property for the benefit thereof, and the
benefits of this Development Agreement shall bind and inure to the benefit of the parties
and all successors in interest to the parties hereto.
Section 4. EFFECT OF AGREEMENT.
As a material part of the consideration of this Development Agreement, unless otherwise
provided herein, the parties agree that the Existing Land Use Regulations shall be
applicable to development of the Project. In connection with all subsequent discretionary
actions by CITY required to implement the Final Site Plan and .any discretionary actions
which CITY takes or has the right to take under this Development Agreement relating to
the Project, including any review, approval, renewal, conditional approval or denial,
CITY, shall exercise its discretion or take action in a manner which complies and is
consistent with the Final Site Plan, the Existing Land Use Regulations (as the same may
be modified in accordance with this Development Agreement) and such other standazds,
terms and conditions expressly contained in this Development Agreement. CITY shall
accept and timely process, in the normal manner for processing such matters as may then
be applicable, all applications for further .approvals with respect to the Project called for
or required under this Development Agreement, including, any necessary site plan,
tentative map, vesting tentative map, final map and any grading, construction or other
permits filed by OWNER in accordance with the Development Approvals.
Section 5. PROJECT LAND USES.
The Property shall be used for such uses as may be permitted by the Development
Approvals and the Existing Land Use Regulations. The duration of this Development
Agreement, the density .and intensity of use, developable GFA, footprint square footage,
the maximum height and size of proposed buildings and structures, lot sizes, set back
requirements, zoning, public improvements, and the provisions for reservation or
dedication of land for public purposes shall be those set forth in the Development
Approvals, the Existing Land Use Regulations .and this Development Agreement
pursuant to Section 65865.2 of the Development Agreement Statute.
Section 6. PERMITTED BUILDINGS.
6.1 Description of Permitted Buildings. The Permitted Buildings to be located on
the Property shall be as set forth on the Final Site Plan. The Project shall be constructed
substantially in conformance with the Final Site Plan.
6.2 Pazkin Areas. The Parking Areas .shall be constructed so that there will be
sufficient pazking spaces available within the Property as depicted and substantially in
conformance with the Final .Site Plan. Prior to issuance of a building permit for the first
residential dwelling unit in Stadium Lofts, OWNER shall restrict the use of the Pazking
Areas to, and shall record a covenant against the Property in a form approved by the City
Attorney stating that the use of the Parking Areas shall be limited to tenants, visitors,
patrons, invitees and other users of the Permitted Buildings. Said covenant shalL.also
provide that the Pazking Areas shall not be used to provide public pazking for patrons of
Angel Stadium of Anaheim, The Grove of Anaheim or the Arrowhead Pond of.Anaheim
without the prior written approval of the City Traffic .and Transportation Manager and the
Executive Director of Convention/Sports and Entertainment, which approval shall be at
CITY's sole discretion.
Section 7. DENSITY OF PERMITTED BUILDINGS.
The Permitted Buildings shall be between the minimum and maximum sizes, and
shall not exceed the maximum heights and maximum footprints set forth on the Final Site
Plan.
Section 8. ENFORCEMENT:
Unless this Development Agreement is temunated or cancelled pursuant to the
provisions of this Development Agreement, this Development Agreement or any
amendment hereto, shall be enforceable by any party hereto notwithstanding any change
hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision
ordinance or building ordinance adopted by CITY which alters or amends the rules,
regulations or policies of Development of the Project as provided in this Development
Agreement pursuant to Section 65865.4 of the Development Agreement Statute;
provided, however, that the limitations of this Section shall not apply to changes
mandated by State or Federal laws or other permissible changes or new regulations as
more particularly set forth in Section 23 of this Development Agreement.
Section 9. PUBLIC IMPROVEMENTS AND SERVICES.
In addition to performing any other obligations heretofore imposed as conditions of
approval set forth in the Conditional Use Pernit, as material consideration for the CITY's
entering into this Development Agreement, OWNER shall undertake the construction and
installation of the following public improvements required to support the Project and to
enhance area-wide traffic circulation and emergency police and fire protection service
within the time periods as set forth below and in conformance with the Existing Land Use
Regulations. CITY shall cooperate with OWNER for the purpose of coordinating ail
public improvements constructed under the Development Approvals or this Development
Agreement to existing or newly constructed public improvements, whether located within
or outside of the Property. OWNER shall be responsible for and use good faith efforts to
acquire any right(s)-of--way necessary to construct the public facility improvements
required by, or otherwise necessary to comply with the conditions of, this Development
Agreement or any Development Approvals. Should it become necessary due to
OWNER's failure or inability to acquire said right(s)-of--way within four months after
OWNER begins its efforts to so acquire said right(s)-of--way, CITY shall negotiate the
purchase of the necessary right(s)-of--way to construct the public improvements as
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required by, or otherwise necessary to comply with the conditions of, this Development
Agreement and, if necessary in accordance with the procedures established by State law,
and the limitations hereina$er set forth in this section, CITY may use its powers of .
eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all
costs associated with said acquisition .and condemnation proceedings. If the CITY cannot
make the proper findings or if for some other reason under the condemnation laws CITY
is prevented from acquiring the necessary right(s)-of--way to enable OWNER to construct
the public improvements required by, or otherwise necessary to comply with the
conditions of, this Development Agreement, then the parties agree to amend this
Development Agreement to modify OWNER's obligations accordingly. Any such
required modification shall involve the substitution of other considerations or obligations
by OWNER (of similar value) as aze negotiated in good faith between the parties hereto.
Nothing contained in 11 this Section shall be deemed to constitute a determination or
resolution of necessity by CITY to initiate condemnation proceedings.
9.1 Public Pazk. If the Property is eight (8) or more acres OWNER shall be
required to dedicate, improve and maintain a minimum size of 44 squaze feet for each
residential unit for public park purposes as set forth in the Final Site Plan. The value of
the pazkland dedication will be credited against overall park in lieu fees paid for the
project. Consistent with existing Code requirements and policies, no credit will be given
for improvements.
9.2 Utilities (Water. Electrical, Gas, Sewer, and Drainage. OWNER shall
construct the public improvements necessary for the .provision of requisite water,
electrical, gas, sewer and drainage requirements for Project as more fully set forth in the
Development Approvals. OWNER shall construct and relocate utilifies as may be
required to provide services to the Permitted Buildings on the Property or that aze
displaced by the construction of the Permitted Buildings. As OWNER submits detailed
construction plans in order to obtain building permits for a Permitted Building and/or the
size and nature of the Project varies, the utilities that OWNER will construct or relocate
may be revised accordingly by the CITY.
9.2.1 Water Service. OWNER will provide engineering studies to size the water
mains for ultimate development within the Project. Said engineering studies will be
conducted prior to rendering of water service or signature approval of the final water
improvement plans, whichever occurs first. The studies shall be subject to the .approval of
the General Manager, Public Utilities Department or authorized designee. The water
system may be constructed incrementally, provided that said incremental phasing is
adequate to provide municipal demands and fire flow protection for the proposed
development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates,
Rules and Regulations which provides for, in part, a fee based on GFA and the
advancement of additional funds to construct the upgraded water facilities. OWNER shall
be entitled to reimbursement in accordance with the terns of Rule 15D for the
advancement of additional funds to construct the upgraded water facilities.
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9.2.2 Storm and Sewer Drains. Prior to final building and zoning inspections for
each Permitted Building, OWNER will construct sewers and storm drains to serve the
ultimate development of the Property as provided by area-wide engineering studies to be-
conducted prior to issuance of any building permits for the first Permitted Building and
updated prior to the issuance of any building permits for each subsequent- Permitted
Building. All studies shall be subject to the approval of the City Engineer. OWNER will
construct improvements identified in said studies. The systems may be constructed
incrementally provided that said incremental phasing is adequate to provide capacity for
the proposed development phasing.
93 Timine, Phasing and Sequence of Public Improvements and Facilities. The
timing, phasing and sequence of the construction of public improvements and facilities or
the payment of fees therefore shall be constructed or paid in accordance with the timing,
phasing and sequence set forth in this Development Agreement and the Final Site Plan
9.4 Traffic Circulation Improvements. In order to assist CITY in providing for
azea-wide traffic circulation as required by this Project, OWNER shall cause to be made
the traffic circulation improvements identified for the Project as Mitigation Monitoring
Program Nos. 106 and 125 for the Project as shown on the Final Site Plan.
Section 10. REIMBURSEMENT PROVISION.
In the event OWNER is required to construct public improvements, which are
supplemental to the requirements of the Project for the benefit of other properties, CITY
will work with OWNER to establish mechanisms for proportional reimbursement from
owners of the benefited properties.
Section 11. DEDICATIONS AND EXACTIONS.
Prior to issuance of the first building permit for the Project, OWNER shall irrevocably
offer for dedication the rights-of--way, including connector streets and Mazket Street, if
applicable, and other areas as more fully set forth in the Final Site Plan. These
dedications shall be in fee or as an easement at the discretion of CITY. Upon completion
and acceptance by CITY of the associated improvements in compliance with the
specifications as approved by CITY, CITY may, at its discretion, accept OWNER's offer
of dedication, or CITY may elect to defer acceptance of an offer of dedication, but no
later than the time the ultimate improvements to the connector street have been made and
accepted by the CITY. Prior to the issuance of the first building permit for the Project,
OWNER shall further deposit with the CITY the Connector Street Cost Estimate in the
.amount set forth in Exhibit "G." Nothing contained in this Development Agreement,
however, shall be deemed to preclude CITY from exercising the power of eminent
domain with respect to the Property or the Project, or any part thereof.
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Section 12. FEES, TAXES. AND ASSESSMENTS.
12.1 Fees, Taxes and Assessments. OWNER shall be responsible for the payment
of fees in the amount and at the times set forth in the Existing Land Use Regulations, as
said amounts and timing may be modified in accordance with this Development
Agreement.
12.2 Platinum Triangle Interim Development Fees. CITY anticipates that a
number of fees will be adopted to pay the costs attributable to new development in The
Platinum Triangle. The Interim Development Fees constitute amounts estimated by the
applicable Departments to be the approximate fair shaze of costs attributable to the
Project. If an identified fee has been .adopted prior to issuance of the first building permit
for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted at
the time of issuance of said building permit, the OWNER shall pay the applicable
Platinum Triangle Interim Development Fees set forth in .attached Exhibit "D" If the
OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent
adoption of a corresponding fee it is determined that the OWNER has paid an amount
greater than the amount payable pursuant to the adopted fee, the excess amount paid as an
Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated
to adopt any of the identified fees. If any such identified fee is not adopted, the parties
agree that the Interim Development Fee is adequate to address the impacts ofthe Project.
12.2.1 Electrical Utilities Undergrounding Fee. OWNER will pay an Electrical
Utilities Undergrounding Fee as set forth in Exhibit "D-1."
12.2.2 Fire Facilities Fee. OWNER will pay a Fire Facilities Fee as set forth in
Exhibit "D-2."
12.2.3 General Plan and Environmental Processing Fee. OWNER will pay a
processing FEE attributable to the cost of creating and establishing the Master Land Use
Plan and the PTMU Overlay Zone for The Platinum Triangle, as well as the costs of
associated environmental documentation, as said additional costs aze set forth in Exhibit
"D-3."
12.2.4 Library Facilities Fee. OWNER will pay a Library Facilities Fee as set
forth in Exhibit "D-4."
12.2.5 Pazk Fee. OWNER will pay the Pazk Fee as set forth on Exhibit "D-5."
and, if the Property is eight or more acres in size, OWNER will dedicate, develop and
maintain amini-pazk substantially in conformance with the Final Site Plan.
12.2.6 Police Facilities Fee. OWNER will pay the Police Facilities Fee to defray
the costs of capital facilities .and equipment as set forth in Exhibit "D-6."
12.2.7 Public Works Supplemental Sewer. Storm Drain and Beautification Fees.
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OWNER will pay Public Works Fees for supplemental sewer impacts, storm drain
impacts, and arterial highway beautification/aesthetics as set forth in Exhibit "D-7."
12.2.8 Traffic Impact Fee. OWNER will pay the Supplemental Traffic Impact Fee
for improvements required to provide acceptable traffic service levels in and through the
azea's Master Plan of Arterial Highways system as set forth in Exhibit "D-8."
12.3 Excluded Development Fees. Fees Excluded from Existing Land Use
Regulations. The following fees shall not be included among the fees, which would
otherwise fall within the definition of Existing Land Use Regulations:
12.3.1 Water Utilities Fees. OWNER will pay all applicable fees in accordance
with the Water Utilities Rates, Rules and Regulations in effect at the time of application
for service including Rule 15D which provides for, in part, a fee based on GFA to
construct the necessary water facility improvements within The Platinum Triangle.
12.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the
Electrical Utilities Rates, Rules and Regulations in effect at the time of application for
service.
12.3.3 City Processine Fees. OWNER shall pay all standazd City-wide processing
fees for building permits, zoning review, and other similaz fees associated with the
Development of the Project which aze in existence at the time of approval of this
Development Agreement at the rate in existence at the time said fees aze normally
required to be paid to CITY.
12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District.
Prior to the first final building or zoning inspection, OWNER shall execute and record an
unsubordinated covenant in a form approved by the City Attorney's Office wherein
OWNER agrees not to contest the formation of any assessment district(s) which maybe
formed to fmance Platinum Triangle infrastructure and/or maintenance, which district(s)
could include the Property. The covenant shall not preclude OWNER from contesting (i)
the determination of benefit of such improvements to the Property, (ii) the properties
included in said district or area, (iii) the manner in which said fee is determined or (iv)
the manner in which said improvement costs are spread.
12.5 Accounting of Funds. CITY will comply with applicable requirements of
Government Code Section 65865 relating to accounting of funds.
12.6 hnnosition of Increased Fees Taxes or Assessments. Except as expressly set
forth or reserved in this Development Agreement, CITY shall not, without the prior
written consent of OWNER, impose any additional fee, tax or assessment on the Project
or any portion thereof as a condition to the implementation of the Project or any portion
thereof, except such fees, taxes and assessments as aze described in or required by this
Development Agreement, including the Existing Land Use Regulations or the
Development Approvals. The rates of such fees, taxes and assessments shall be the rates
14
in existence at the time said fees; taxes and assessments aze normally required to be paid
to CITY. Nothing contained herein shall be construed to prohibit CITY from imposing
fees, taxes or assessments on the Property, which are unrelated to the implementation of
the project.
Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS.
In consideration for CITY entering into this Development Agreement and other
consideration set Forth in this Agreement, OWNER agrees to record unsubordinated
covenant to run with the land applicable to the Property in a form and content satisfactory
to the Planning Director and the City Attorney incorporating the requirements and
obligations set forth in Exhibit "E" to this Agreement, entitled the "Development
Requirements and Maintenance Obligations."
Section 14. NEXUS/REASONABLE RELATIONSHII' CHALLENGES.
OWNER consents to, and waives any right it may have now or in the future to
challenge the legal validity of the conditions, requirements, policies or programs required
by existing land use regulations or this Agreement including, without limitation, any
claim that they constitute an abuse of the police power, violate substantive due process,
deny equal protection of the laws, effect a taking of property without payment of just
compensation, or impose an unlawful tax.
Section 15. TIMING OF DEVELOPMENT.
Timing of Development shall be as set forth in the Final Site Plan.
Section 16. EXISTING USES.
CITY and OWNER agree that those existing legally established uses on the
Property may be retained until the Project is implemented. When those existing uses aze
demolished, no credit for any such demolished squaze footage for which Interim
Development Fees have not been paid will be given OWNER against Interim
Development Fees due on a square footage basis as provided for in this Development
Agreement. OWNER will pay the full Interim Development Fees for Permitted Buildings
constructed pursuant to the Final Site Plan.
Section 17. FUTURE APPROVALS.
17.1 Basis for Denyine or Conditional Grantine Future Aporovals. Before
OWNER can begin grading on the Property or other development of the Property,
OWNER must secure several additional permits and/or approvals from CITY. The parties
agree that to the extent said Development Approvals aze ministerial in nature, CITY shall
not, through the enactment or enforcement of any subsequent ordinances, rules,
regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold
such approvals as a means of blocking construction or of imposing conditions on the
15
1
Project which were not imposed during an earlier approval period unless CITY has been
ordered to do so by a court of competent jurisdiction. Notwithstanding the previous
sentence, CITY and OWNER will use their best efforts to ensure each other that .all--
applications for and approvals of grading permits, building permits or other
developmental approvals necessary for OWNER to develop the Project in accordance
with the Final Site Plan aze sought and processed in a timely manner.
17.2 Standazd of Review. The rules, regulations and policies that apply to any
additional Development Approvals which OWNER must secure prior to the Development
of the Property shall be the Existing Land Use Regulations, as defined in this
Development Agreement.
17.3 Future Amendments to Final Site Plan. Future amendments to all or a portion
of the Final .Site Plan which increase the intensity or density of the Development of the
Property, or change the permitted uses of the Property, and are not among those described
in Section 18.4 of this Development Agreement may subject the portion or portions of the
Project being amended or affected by the amendment to any change in the CITY's
General Plan, zoning designations and rules applicable to the Property and further
environmental review and possible mitigation of adverse impacts under CEQA in effect
at the time of such amendment. Any such amendment to the Final Site Plan .shall be
processed concurrently with the processing of an amendment to this Development
Agreement. It is the desire and intent of both parties, except as set forth herein,
that any such future amendment of the Final Site Plan will not alter, affect, impair or
otherwise impact the rights, duties and obligations of the parties under this Development
Agreement with respect to the unamended portions of the Final Site Plan.
Section 18. AMENDMENT.
18.1 Initiation of Amendment. Either party may propose an amendment to this
Development Agreement.
18,2 Procedure. Except as set forth in Section 18.4 below, the procedure for
proposing and adopting an amendment to this Development Agreement shall be the same
as the procedure required for entering into this Development Agreement in the first
instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures
Resolution.
18.3 Consent. Except as provided in Section 25 of this Development Agreement,
any amendment to this Development Agreement shall require the consent of both parties.
No amendment of this Development Agreement or any provision hereof shall be effective
unless set forth in writing and signed by duly authorized representatives of each party
hereto.
18.4 Amendments. Subject to the foregoing provisions of this Section, the parties
acknowledge that refinements and further development of the Project may demonstrate
that changes are appropriate with respect to the details and performance of the parties
16
under this Development Agreement. The parties desire to retain a certain degree of
flexibility with respect to the details of the Development of the Project and with respect
to those items covered in general terms under this Development Agreement. If and when - - --
the parties find that changes or adjustments are necessary or appropriate to further the
intended purposes of this Development Agreement, they may, unless otherwise required
by law, effectuate such changes or adjustments as specified in the Development
Approvals..
18.5 Effect of Amendment to Development Agreement. The parties agree that
except as expressly set forth in any such amendment, an amendment to this Development
Agreement will not alter, affect, impair, modify, waive or otherwise impact any other
rights, duties or obligations of either party under this Development Agreement.
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY.
19.1 Non-Cancellation of Riehts. Subject to defeasance pursuant to Sections 25, 26
or 27 of this Development Agreement, the Final Site Plan and other Development
Approvals as provided for in this Development Agreement shall be final and the rights
once granted thereby shall be vested in the Property upon recordation of this
Development Agreement.
Section 20, BENEFITS TO CITY.
The direct and indirect benefits CITY (including, without limitation, the existing
and future anticipated residents of CITY) expects to receive pursuant to this Development
Agreement include, but are not limited to, the following:
The participation of OWNER in the accelerated, coordinated and more
economical construction, funding and dedication to the public, as provided in this
Development Agreement, of certain of the vitally needed on-site and area-wide public
improvements and facilities, and assurances that the entire Project will be developed as
set forth in the Final Site Plan and this Development Agreement in order to encourage
development of The Platinum Triangle; and
The considerations set forth in this Development Agreement, including Section 9.
Section 21. BENEFITS TO OWNER.
OWNER has expended and will continue to expend large amounts of time and
money on the planning .and infrastructure construction for the Project. OWNER asserts
that OWNER would not make any additional expenditures, or the advanced expenditures
required by this Development Agreement, without this Development Agreement and that
any additional expenditures which OWNER makes after the Development Agreement
Date will be made in reliance upon this Development Agreement. Without limiting the
generality of the foregoing, this Development Agreement provides for the completion of
public improvements and facilities prior to the time when they would be justified
17
generality of the foregoing, this Development Agreement provides for the completion of
public improvements and facilities prior to the time when they would be justified
economically in connection with the phasing of the Project, and of a size which would be
justified only by the magnitude of the Project provided for by the Final Site Plan and this
Development Agreement. The benefit to OWNER under this Development :Agreement
consists of the assurance that OWNER will preserve the right to develop the Property as
planned and as set forth in the Final Site Plan and this Development Agreement. The
parties acknowledge that the public benefits to be provided by OWNER to CITY
pursuant to this Development Agreement aze in consideration for and reliance upon
assurances that the Property can be developed in accordance with the Final Site Plan and
this Development Agreement.
Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND
PROMOTED BY DEVELOPMENT AGREEMENT STATUTE.
The mutual undertakings and assurances described above and provided for in this
Development Agreement aze for the benefit of CITY and OWNER and promote the
comprehensive planning, private and public cooperation and participation in the
provision of public facilities, and the effective and efficient development of infrastructure
and facilities supporting development which was contemplated and promoted by the
Development Agreement Statute. CITY agrees that it will not take any actions, which aze
intended to circumvent this Development Agreement; provided, however, that any action
of the electorate shall not be deemed an action for purposes of this section.
Section 23. RESERVED AUTHORITY.
23.1 State and Federal Laws and Reetrlations. In the event that the State or
Federal laws or regulations enacted aRer this Development Agreement has been entered
into, prevent or preclude compliance with one or more provisions of the Development
Agreement, such provisions of the Development Agreement shall be modified or
suspended as may be necessary to comply with such State or Federal laws or regulations,
provided, however, that this Development Agreement shall remain in full force and effect
to the extent it is not inconsistent with such laws or regulations and to the extent such
laws or regulations do not render such remaining provisions impractical to enforce.
Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or
policy which is inconsistent with this Development Agreement until CITY makes a
finding that such rule, regulation or policy is reasonably necessary to comply with such
State and Federal laws or regulations.
23.2. Buildine Codes. This Development Agreement shall not prevent CITY from
applying new rules, regulations and policies contained in model codes, including, but not
limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02 of the
Anaheim Municipal Code.
23.3 Public Health and Safetv. This Development Agreement shall not prevent
CITY from adopting new rules, regulations and policies, including amendments or
18
modifications to model codes described in Section 23.2 of this Development Agreement
which directly result from findings by CITY that failure to adopt such rules, regulations
or policies would result in a condition injurious or detrimental to the public health and .
safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations
or policies which prevent or preclude compliance with one or more provisions o£ this
Development Agreement until CITY makes a finding that such rules, regulations or
policies aze reasonably necessary to correct or avoid such injurious or detrimental
condition.
Section 24. CANCELLATION.
24.1 Initiation of Cancellation. Either party may propose cancellation of this
Development Agreement.
24.2 Procedure. The procedure for proposing a cancellation of and canceling this
Development Agreement shall be the same as the procedure required for entering into
this Development Agreement in the first instance. Such procedures are set forth in
Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government
Code.
24.3 Consent of Both Parties. Any cancellation of this Development Agreement
shall require the mutual consent of both parties.
Section 25. PERIODIC REVIEW.
25.1 Time for Review. CITY shall, at least every twelve (12) months after the
Development Agreement Date, review the extent of good faith compliance by OWNER
with the terms of this Development Agreement. OWNER's failure to comply with the
timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of
OWNER's lack of good faith compliance with this Development Agreement. Such
periodic review shall determine compliance with the terms of this Development
Agreement pursuant to California Government Code Section 65865.1 and other successor
laws and regulations.
25.2 OWNER's Submission. Each yeaz, not less than forty-five (45) days nor
more than sixty {60) days prior to the anniversary of the Development Agreement Date,
OWNER shall submit evidence to the City Council of its good faith compliance with the
terms and conditions of this Development Agreement. OWNER shall notify the City
Council in writing that such evidence is being submitted to CI'T'Y pursuant to the
requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a
reasonable processing fee in an amount as CITY may reasonably establish from time to
time on each occasion that OWNER submits its evidence for a periodic review.
25.3 Findines. Within forty-five (45) days after the submission of OWNER's
evidence, the City Council shall determine, on the basis of substantial evidence, whether
or not OWNER has, for the period under review, complied in good faith with the terms
19
and conditions of this Development Agreement. If the City Council finds that OWNER
has so complied, the review for that period shall be deemed concluded. If the City
Council finds and determines, on the basis of substantial evidence, that OWNER has. not
complied in good faith with the terms and conditions of this Development Agreement for
the period under review, OWNER shall be given at least sixty (60) days to cure such non-
compliance and if the actions required to cure such noncompliance take more than sixty
(60) days, then CITY shall give OWNER additional time provided that OWNER is
making reasonable progress towazds such end. If during the cure period, OWNER fails to
cure such noncompliance or is not making reasonable good faith progress towards such
end, then the City Council may, at its discretion, proceed to modify or terminate this
Development Agreement or establish a time schedule for compliance in accordance with
the procedures set forth in Section 27 of this Development Agreement.
25.4 Initiation of Review by Citv Council. In addition to the periodic review set
forth in this Development Agreement, the City Council may at any time initiate a review
of this Development Agreement upon the giving of written notice thereof to OWNER.
Within thirty (30) days following receipt of such notice, OWNER shall submit evidence
to the City Council of OWNER's good faith compliance with this Development
Agreement and such review and determination shall proceed in the manner as otherwise
provided in this Development Agreement.
Section 26. EVENTS OF DEFAULT.
26.1 Defaults by OWNER. Within forty-five (45) days after the submission of
OWNER's evidence, the City Council shall determine on the basis of substantial
evidence, whether or not OWNER has, for the period under review, complied in good
faith with the terms and conditions of this Development Agreement. If the City Council
finds that OWNER has so complied, the review for that period shall be deemed
concluded. If the City Council finds and determines, on the basis of substantial evidence,
that OWNER has not complied in good faith with the terms and conditions of this
Development Agreement for the period under review, OWNER shall be given at least
sixty (60) days to cure such non-compliance and if the actions required to cure such non-
compliance take more than sixty (60) days, then CITY shall give OWNER additional
time provided that OWNER is making reasonable progress towards such end. If during
the cure period OWNER fails to cure such non-compliance or is not making reasonable
progress towazds such end, then the City Council may, at its discretion, proceed to
modify or terminate this Development Agreement or establish a time schedule for
compliance in accordance with the procedures set forth in Section 27 of this
Development Agreement.
26.2 Snecific Performance Remedy. Due to the size, nature and scope of the
Project, it will not be practical or possible to restore the Property to its pre-existing
condition once implementation of this Development Agreement has begun. After such
implementation, OWNER may be foreclosed from other choices it may have had to
utilize the Property and provide for other benefits. OWNER has invested significant time
and resources and performed extensive planning and processing of the Project in agreeing
20
to the teens of this Development Agreement and will be investing even more significant
time in implementing the Project in reliance upon the terms of this Development
Agreement, and it is not possible to determine sum of the money which would adequately - .
compensate OWNER For such efforts. For the above reasons, CITY and OWNER agree
that damages would not be an adequate remedy if CITY fails to carry out its obligations
under this Development Agreement. Therefore, specific performance of this
Development Agreement is the only remedy which would compensate OWNER if CITY
fails to carry out its obligations under this Development Agreement, and CITY hereby
agrees that OWNER shall be entitled to specific performance in the event of a default by
CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its
obligations under this Development Agreement, CITY shall have the right to refuse to
issue any permits or other approvals, which OWNER would otherwise have been entitled
to pursuant to this Development Agreement. If CITY issues a permit or other approval
pursuant to this Development Agreement in reliance upon a specified condition being
satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition,
CITY shall be entitled to specific performance for the sole purpose of causing OWNER
to satisfy such condition. The CTTY's right to specific performance shall be limited to
those circumstances set forth above, and CITY shall have no right to seek specific
performance to cause OWNER to otherwise proceed with the Development of the Project
in any manner.
26.3 Liquidated Damages Remedy. The parties hereto agree that this
Development Agreement creates an obligation and duty upon OWNER to undertake and
complete development of the Project within the time and manner specified herein. In the
event OWNER breaches this Development Agreement by failing to undertake and
complete development of the Project within the time and manner specified herein, the
parties further agree that CITY will suffer actual damages as a result thereof, the amount
of which is uncertain and would be impractical or extremely difficult to fix; therefore,
OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of
One Hundred Thousand Dollazs ($100,000.001 as liquidated and actual damages which
sum shall be in addition to any other fees and charges owing to CITY by OWNER
together with a penalty thereon in the maximum amount allowed by Section 54348 of the
California Government Code, and which sum shall be in addition to any other remedies
available to CITY as a result of such breach pursuant to this Section 26.
Section 27. MODIFICATION OR TERMINATION.
If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or
terminate this Development Agreement or establish a revised time schedule for
compliance as herein provided, then CITY shall proceed as set forth in this Section.
27.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's
intention to proceed to modify or terminate this Development Agreement or establish a
time schedule for compliance within ten (10) days of making the CITY's findings.
21
27.2 Public Heazin~. The City Council shall set and give notice of a public
hearing on modification, termination or a time schedule fox compliance to be held within
forty-days after the City Council gives notice to OWNER. •- :...-
27.3 Decision. The City Council shall announce its findings and decisions on
whether this Development Agreement is to be terminated, how this Development
Agreement is to be modified or the provisions of the Development Agreement with
which OWNER must comply and a time schedule therefore not than ten (10) days
following completion of the public hearing.
27.4 Implementation. Modifying or terminating this Development Agreement
shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the
reasons which, in the opinion of the CITY, make the modification or termination of this
Development Agreement necessary. Not later then ten (10) days following the adoption
of the ordinance, one copy thereof shall be forwazded to OWNER. This Development
Agreement shall be terminated or this Development Agreement as modified shall become
effective on the effective date of the ordinance terminating or modifying this
Development Agreement.
27.5 Schedule for Compliance. Setting a reasonable time schedule for compliance
with this Development Agreement may be accomplished by CITY enacting a resolution.
The resolution shall recite the reasons, which, in the opinion of CITY, make it advisable
to set a schedule for compliance and why the time schedule is reasonable. Not later than
ten (10) days following adoption of the resolution, one copy thereof shall be forwazded to
OWNER. Compliance with any time schedule so established as an alternative to
modification or termination shall be subject to periodic review as provided in this
Development Agreement and lack of good faith compliance by OWNER with the time
schedule shall be basis for termination or modification of this Development Agreement.
.Section 28. ASSIGNMENT.
28.1 Right to Assign. OWNER shall have the right to sell, mortgage, hypothecate,
assign or transfer this Development Agreement, and any and all of its rights, duties and
obligations hereunder, to any person, partnership, joint venture, firm or corporation at any
time during the term of this Development Agreement, provided that any such sale,
mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment
or other transfer of the interest of OWNER in the Property, or a portion thereof. In the
event of any such sale, mortgage, hypothecation, assignment or transfer, (a) OWNER
shall notify CITY of such event and the name of the transferee, together with the
corresponding entitlements being transferred to such transferee and (b) the agreement
between pWNER and such transferee shall provide that either OWNER or the transferee
or both shall be liable for the performance of all obligations of OWNER pursuant to this
Development Agreement and the Development Approvals. Such transferee and/or
OWNER shall notify CITY in writing which entity shall be liable for the performance of
such obligations, and upon the express written assumption of any or all of the obligations
22
of OWNER under this Development Agreement by such assignee, transferee or purchaser
shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to
perform said obligations under this Development Agreement with respect to the Property - --
orportion thereof, so transferred, except to the extent OWNER is not in default under the
terms of this Development Agreement.
28.2 Release Upon Transfer. It is understood and agreed by the pazties that the
Property maybe subdivided following the Development Agreement Date. One or more of
such subdivided pazcels maybe sold, mortgaged, hypothecated, assigned or transferred to
persons for development by them in accordance with the provisions of this Development
Agreement. Effective upon such sale, mortgage, hypothecafion, assignment or transfer,
the obligations of OWNER shall become several and not joint, except as to OWNER's
obligations set forth in Section 10 of this Development Agreement. Upon the sale,
transfer, or assignment of OWNER's rights and interests under this Development
Agreement as permitted pursuant to the Section 28.1 above, OWNER shall be released
from its obligations under this Development Agreement with respect to the Property, or
portion thereof so transferred, provided that (a) OWNER is not then in default under this
Development Agreement, (b) OWNER has provided to CITY the notice of such transfer
specified in Section 28.1 above, (c) the transferee executes and delivers to CITY a
written agreement in which (i) the name and address of the transferee is set forth and (ii)
the transferee expressly and unconditionally assumes all the obligations of OWNER
under this Development Agreement and the Development Approvals with respect to the
property, or portion thereof, so transferred and (d) the transferee provides CITY with
security equivalent to any security provided by OWNER to secure performance of its
obligations under this Development Agreement or the Development Approvals. Non-
compliance by any such transferee with the terms and conditions of this Development
Agreement shall not be deemed a default hereunder or grounds for termination hereof or
constitute cause for CITY to initiate enforcement action against other persons then
owning or holding interest in the Property or any portion thereof and not themselves in
default hereunder. Upon completion of any phase of development of the Project as
determined by CITY, CITY may release that completed phase from any further
obligations under this Development Agreement. The provisions of this Section
shall be self-executing and shall not require the execution or recordation of any further
document or instrument. Any and all successors, assigns and transferees of OWNER shall
have all of the same rights, benefits and obligations of OWNER as used in this
Development Agreement and the term "OWNER" as used in this Development
Agreement shall refer to any such successors, assigns and transferees unless expressly
provided herein to the contrazy.
Section 29. NO CONFLICTING ENACTMENTS.
By entering into this Development Agreement and relying thereupon, OWNER is
obtaining vested rights to proceed with the Project in accordance with the terms .and
conditions of this Development Agreement, and in accordance with, and to the extent of,
the Development Approvals. By entering into this Development Agreement and relying
thereupon, CITY is securing certain public benefits which enhance the public health,
23
safety and general welfare. CITY therefore agrees that except as provided in Section 23
of this Development Agreement, neither the City Council nor any other .agency of CITY
shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing
or sequencing of the Development or construction of all or any part of the Project and
which is inconsistent or in conflict with this Development Agreement.
Section 30. GENERAL.
30.1 Force Maieure. The Term of this Development Agreement and the time
within which OWNER shall be required to perform any act under this Development
Agreement shall be extended by a period of time equal to the number of days during
which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God,
failure or inability to secure materials or labor by reason of priority or similaz regulations
or order of any governmental or regulatory body, initiative or referenda, moratoria,
enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond
the reasonable control of OWNER.
30.2 Construction of Development Agreement. The language in all parts of this
Development Agreement shall in all cases, be construed as a whole and in accordance
with its fair meaning. The captions of the paragraphs .and subpazagraphs of this
Development Agreement aze for convenience only and shall not be considered or referred
to in resolving questions of constructions. This Development Agreement shall be
governed by the laws of the State of California. The parties understand and agree that this
Development Agreement is not intended to constitute, nor shall be construed to
constitute, an impermissible attempt to contract away the legislative and governmental
functions of CTTY, and in particulaz, the CTTY's police powers. In this regazd, the parties
understand and agree that this Development Agreement shall not be deemed to constitute
the surrender or abnegation of the CITY's governmental powers over the Property.
30.3 Severability. If any provision of this Development Agreement shall be
adjudged to be invalid, void or unenforceable, such provision shall in no way affect,
impair or invalidate .any other provision hereof, unless such judgment affects a material
part of this Development Agreement, the parties hereby agree that they would have
entered into the remaining portions of this Development Agreement not adjudged to be
invalid, void or illegal. In the event that all or any portion of this Development
Agreement is found to be unenforceable, this Development Agreement or that portion
which is found to be unenforceable shall be deemed to be a statement of intention by the
parties; and the parties further agree that in such event they shall take all steps necessary
to comply with such public hearings and/or notice requirements as may be necessary in
order to make valid this Development Agreement or that portion which is found to be
unenforceable. Notwithstanding any other provisions of this Development Agreement, in
the event that any material provision of this Development Agreement is found to be
unenforceable, void or voidable, OWNER or CITY may terminate this Development
Agreement in accordance with the provisions of the Development Agreement Statute and
the Procedures Resolution.
24
30.4 Cumulative Remedies. In addition to any other rights or remedies, either
party may institute legal action to cure, correct or remedy any default, to enforce any
covenant or agreement herein, or to enjoin any threatened or attempted violation,
including suits for declazatory relief, specific performance, relief in the nature of
mandamus and actions for damages. All of the remedies described above shall be
cumulative and not exclusive of one another, and the exercise of any one or more of the
remedies shall not constitute a waiver or election with respect to any other available
remedy.
30.5 Hold Harmless A rgreement. OWNER and CITY hereby mutually agree to,
and shall hold each other, each other's elective and appointive councils, boazds,
commissions, officers, partners, agents, representatives and employees harmless from any
liability for damage or claims for damage for personal injury, including death, and from
claims for property damage which may arise from the activities of the other's or the
other's contractors', subcontractors', agents', or employees' which relate to the Project
whether such activities be by OWNER or CITY, or by any of the OWNER's or the
CITY's contractors, subcontractors, or by any one or more persons indirectly employed
by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or
subcontractors. OWNER and CITY agree to and shall defend the other and the other's
elective and appointive councils, boazds, commissioners, officers, partners, agents,
representatives and employees from any suits or actions at law or in equity for damage
caused or alleged to have been caused by reason of the aforementioned activities which
relate to the Project.
30.6 Cooperation in the Event of Legal Challenee. In the event of any legal action
instituted by a third party or other governmental entity or official challenging the validity
of any provision of this Development Agreement and/or the Development Approvals, the
parties hereby agree to cooperate fully with each other in defending said acfion and the
validity of each provision of this Development Agreement, however, OWNER shall be
liable for all legal expenses and costs incurred in defending .any such action. OWNER
shall be entitled to choose legal counsel to defend against any such legal action and shall
pay any attomeys' fees awazded against CITY or OWNER; or both, resulting from any
such legal action. OWNER shall be entitled to any awazd of attomeys' fees arising out of
any such legal action.
30.7 Public A¢encv Coordination. CITY and OWNER shall cooperate and use
their respective best efforts in coordinating the implementation of the Development
Approvals with other public agencies, if any, having jurisdiction over the Property or the
Project.
30.8 Initiative Measures. Both CITY and OWNER intend that this Development
Agreement is a legally binding contract which will supersede any initiative, measure,
moratorium, referendum, statute, ordinance or other limitation (whether relating to the
rate, timing or sequencing of the Development or construction of all or any part of the
Project and whether enacted by initiative or otherwise) affecting pazcel or subdivision
maps (whether tentative, vesting tentative or final), building permits, occupancy
25
certificates or other entitlements to use approved, issued or granted within the CITY, or
portions of the CITY, shall apply to the Project to the extent such initiative, measure,
moratorium, referendum, statute, ordinance or other limitation is inconsistent or- in-
conflict with this Development Agreement. Should an initiative, measure, moratorium,
referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY
which would preclude construction of all or any part of the Project, and to the extent such
initiative, measure, moratorium, referendum, statute, ordinance or other limitation be
determined by a court of competent jurisdiction to invalidate or prevail over all or any
part of this Development Agreement, OWNER shall have no recourse against CITY
pursuant to the Development Agreement, but shall retain all other rights, claims and
causes of action under this Development Agreement not so invalidated and any and all
other rights, claims and causes of action as law or in equity which OWNER may have
independent of this Development Agreement with respect to the project. The foregoing
shall not be deemed to limit OWNER's right to appeal any such determination that such
initiative, measure, referendum, statute, ordinance or other limitation invalidates or
prevails over all or any part of this Development Agreement. CITY agrees to cooperate
with OWNER in all reasonable manners in order to keep this Development Agreement in
full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket
expenses incurred directly in connection with such cooperation and CTTY shall not be
obligated to institute a lawsuit or other court proceedings in this connection.
30.9 Attorneys' Fees. In the event of any dispute between the parties involving the
covenants or conditions contained in this Development Agreement, the prevailing party
shall be entitled to recover reasonable expenses, attorneys' fees and costs.
30.10 No Waiver. No delay or omission by either party in exercising any right or
power accruing upon non-compliance or failure to perform by the other party under any
of the provisions of this Development Agreement shall impair any such right or power or
be construed to be a waiver thereof. A waiver by either party of any of the covenants or
conditions to be performed by the other party shall not be construed as a waiver of any
succeeding breach of nonperformance of the same or other covenants and conditions
hereof. -
30.11 Authority to Execute. The person executing this Development Agreement
on behalf of OWNER warrants and represents that he/she has the authority to execute this
Development Agreement on behalf of his/her partnership and represents. that he/she has
the authority to bind OWNER to the performance of OWNER's obligations hereunder.
30.12 Notice.
30.12.1 To OWNER. Any notice required or permitted to be given by CITY to
OWNER under or pursuant to this Development Agreement shall be deemed sufficiently
given if in writing and delivered personally to an officer of OWNER or mailed with
postage thereon fully prepaid, registered or certified mail, return receipt requested,
addressee; to OWNER as follows:
26
CREA/Nexus Anaheim Comers, L1.C.
9381 Judicial Drive, Suite 100
San Diego, CA 92121
Attention: Eric Heffner
or such changed address as OWNER shall designate in writing to CITY.
30.12.2 To CITY. Any notice required or permitted to be given to CITY under or
pursuant to this Development Agreement shall be made and given in writing, if by mail
addressed to:
City Council
City of Anaheim
c/o City Clerk
P.O. Box 3222
Anaheim, California 92803
or such changed address as CITY shall designate in writing to OWNER:
With copies to:
City Manager
City of Anaheim
P.O. Box 3222
Anaheim, California 92803
City Attomey
City of Anaheim
P.O. Box 3222
Anaheim, California 92803
and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S.
Anaheim. Blvd., Anaheim, California, together with copies mazked for the City Manager
and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid,
registered or certified mail, return receipt requested, to the City Council in caze of the
City Clerk at the above address with copies likewise so mailed to the City Manager and
the City Attomey, respectively and also in caze of the City Clerk at the same address. The
provisions of this Section shall be deemed permissive only and shall not detract from the
validity of any notice given in a manner, which would be legally effecfive in the absence
of this Section.
30.13 motions. The captions of the paragraphs and subpazagaphs of this
Development Agreement are for convenience and reference only and shall in no way
define, explain, modify, construe, limit, amplify or aid in the interpretation, construction
or meaning of any of the provisions of this Development Agreement.
30.14 Consent. Any consent required by the parries in carrying out the terms of
this Development agreement shall not unreasonably be withheld.
27
30.15 Further Actions and Instruments. Each of the parties shall cooperate with
and provide reasonable to the other to the extent contemplated hereunder in the
performance of all obligations under this Development Agreement and the satisfaction of
the conditions of this Development Agreement. Upon the request of either party at any
time, the other party shall promptly execute, with acknowledgment or affidavit if
reasonably required, and file or record such required instruments and writings and take
any actions as may be reasonably necessary under the terms of this Development
Agreement to carry out the intent and to fulfill the provisions of this Development
Agreement or to evidence or consummate the transactions contemplated by this
Development Agreement.
30.16 Subsequent Amendment to Authorizing Statute. This Development
Agreement has been entered into in reliance upon the provisions of the Development
Agreement Statute in effect as ofthe Development Agreement Date. Accordingly, subject
to Section 23.1 above, to the extent that subsequent amendments to the Government Code
would affect the provisions of this Development Agreement, such amendments shall not
be applicable to this Development Agreement unless necessary for this Development
Agreement to be enforceable or unless this Development Agreement is modified pursuant
to the provisions set forth in this Development Agreement and Government Code Section
65868 as in effect on the Development Agreement Date.
30.17 Governing Law. This Development Agreement, including, without
limitation, its existence, validity, construction and operation, and the rights of each of the
parties shall be determined in accordance with the laws of the State of California.
30.18 Effect on Title. OWNER and CITY agree that this Development Agreement
shall not continue as an encumbrance against any portion of the Property as to which this
Development Agreement has terminated:
30.19 Mortgagee Protection. Entering into or a breach of this Development
Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees
having a mortgage on any portion of the Property made in good faith and for value,
unless otherwise required by law. No Mortgagee shall have an obligation or duty under
this Development Agreement to perform OWNER's obligations, or to guarantee such
performance prior to any foreclosure or deed in lieu thereof.
30.20 Notice of Default to Mortgagee, Ri~trt of Mortga ee e to Cure. If the City
Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default
given to OWNER under the terms of this Development Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default
to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up
to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to
commence to cure or remedy the default unless a further extension of time to cure is
granted in writing by CITY. If the default is of a nature which can only be remedied or
cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain
possession with diligence and continually through foreclosure, a receiver or otherwise,
28
1
and shall thereafter remedy or cure the default or non-compliance within thirty (30) days
after obtaining possession. If any such default or non-compliance cannot, with diligence,
be remedied or cured within such thirty (30) day period, then such Mortgagee shall have .
such additional time as may be reasonably necessary to remedy or cure such default or
non-compliance if such Mortgagee commences cure during such thirty (30) day period,
and thereafter diligently pursues and completes such cure.
30.21 Banlmrptcy. Notwithstanding the foregoing provisions of Section 30.20 of
this Development Agreement, if any Mortgagee is prohibited from commencing or
pursues and prosecuting foreclosure or other appropriate proceedings in the nature
thereof by any process or injunction issued by any court or by reason of any action by
any court having jurisdiction of any bankruptcy or insolvency proceeding involving
CITY, the times specified in this Section for commencing or prosecuting foreclosure or
other proceedings shall be extended for the period of the prohibition.
30:22 Disaffinnance.
30.22.1 CITY agrees that in the event of termination of this Agreement by reason
of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator
or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter
into a new Development Agreement for the Project with the most senior Mortgagee
requesting such new agreement, for the remainder of the Term, effective as of the date of
such termination, upon the terms, provisions, covenants and agreements as herein
contained to the extent and subject to the law then in effect, and subject to the rights, if
any, of any parties then in possession of any part of the Property, provided:
30.22.2 The Mortgagee shall make written request upon CITY for the new
Development Agreement for the Project within thirty (30) days after the date of
termination;
30.22.3 The Mortgagee shall pay to CITY at the time of the execution and
delivery of the new Development Agreement for the Project expenses, including
reasonable attorneys' fees, to which CITY shall have been subjected by reason of
OWNER's default; and
30.22.4 The Mortgagee shall perform and observe all covenants herein contained
on OWNER's part to be performed, and shall further remedy any other conditions which
OWNER under the terminated agreement was obligated to perform under its terms, to the
extent the same aze curable or may be performed by the Mortgagee.
30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new
agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred
to above.
30.23 No Third Party Beneficiaries. This Development Agreement and all
provisions hereof is made and entered into for the sole protection and benefit of CITY,
29
OWNER and their successors and assigns. No other person shall have right of action
based upon any provision in this Development Agreement.
30.24 Project as a Private Undertaki~. It is specifically understood and agreed by
and between the parties hereto that the Project is a private development, that neither party
is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions
contained in this Development Agreement. No partnership, join venture or other
association of any kind is formed by this Development Agreement. The only relationship
between CITY and OWNER is that of a government entity regulating the development of
private property and the owner of such private property.
30.25 Restrictions. Property OWNER shall place in any agreements to sell or
convey any interest in the Property or any portion thereof, provisions making the terms of
this Development Agreement binding on any successors in interest of OWNER and
express provision for OWNER or CITY, acting separately or jointly, to enforce the
provisions of this Development Agreement and to recover attorneys' fees and costs for
such enforcement.
30.26 Recitals. The recitals in this Development Agreement constitute part of this
Development Agreement and each party shall be entitled to rely on the truth and accuracy
of each recital as an inducement to enter into this Development Agreement.
30.27 Recording. The City Clerk shall cause a copy of this Development
Agreement to be executed by CITY and recorded in the Official Records of Orange
County no later than ten (10) days after CITY approves this Development Agreement.
30.28 Title Report. CITY is required to sign this Development Agreement only
after OWNER has provided CITY with a satisfactory preliminary title report evidencing
and showing OWNER's legal and equitable ownership interest in the Property, current
within six (6) months, unencumbered except for the exceptions (hereinafter the
"Permitted Exceptions") set in the preliminary title report for the Property dated October
25, 2004, attached hereto as Exhibit "F" (the "Preliminary Title Report"). Any instrument
of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent
to the date of the Preliminary Title Report and prior to the Development Agreement Date
shall contain language expressly subordinating such instruments of monetary
encumbrance to the provisions of this Development Agreement. OWNER shall present
evidence, satisfactory to CITY, of OWNER's legal title to Property, subject only to the
Permitted Exceptions and any such subordinated instruments of monetary encumbrance,
at the time of recordation of this Agreement, or a memorandum thereof.
30.29 Entire Agreement. This Development Agreement, constitutes the entire
agreement between the parties with respect to the subject matter of this Development
Agreement, and this Development Agreement supersedes all previous negotiations,
discussions and agreements between the parties, and no evidence of any prior or other
agreement shall be permitted to contradict or vary the terms hereof.
30
30.30 Successors and Assigns. The burdens of the Development Agreement shall
be binding upon, and the benefits of the Development Agreement inure to all successors
in interest and assigns of the parties to the Development Agreement. -
30.31 OWNER's Title of Property. Neither party hereto shall be bound by°any
provision of this Agreement unless and until OWNER shall record this Development
Agreement or a memorandum thereof, in the office of the County Recorder of the County
sufficient to cause this Agreement and the obligations contained herein to attach to and
encumber OWNER's fee title to Property.
30.32 Exhibits. All exhibits, including attachments thereto, aze incorporated in
this Development Agreement in their entirety by this reference.
IN WITNESS WHEREOF, CITY and OWNER have executed this Development
Agreement as of the date and yeaz first above written.
"CITY"
CITY OF ANAHEIM, a
municipal corporation
By:
Mayor
ATTEST:
SHERYLLSCHROEDER
City Clerk
APPROVED AS TO FORM:
JACK L. WHITE,
City Attorney
54141.2/smamm.l0/26/04/Igm
"OWNER"
CREA/Nexus Anaheim Corners, LLC
a Delaware limited liability company
By: Stadium Lofts, LLC
A California limited liability company
Its Manager
By: Nexus Properties, Inc.
A California corporation
Its Manager
By:
Name:
Title:
31
STATE OF CALIFORNIA )
)ss:
COUNTY OF ORANGE )
On this day of , 2004, be undersigned, a Notary Public for the State of
California duly commissioned and sworn, personally appeared personally known to me or
proved to me on the basis of satisfactory evidence, to be the person who executed the
within instrument as Mayor of the City of Anaheim, the municipal corporation executing
the within instrument, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
[SEAL]
STATE OF
)ss.
COUNTY OF )
On , 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeazed personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within instrument as on behalf
of ,the corporation therein named that executed the within instrument, and acknowledged
to me that such corporation executed the same.
WITNESS my hand and official seal.
[SEAL]
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
32
On this day of , 2004, BEFORE ME, THE Undersigned, A
Notary Public for the State of California, duly commissioned and sworn, personally
appeared SHERYLL SCHROEDER, personally known to me or proved to me on the
basis of satisfactory evidence, to be the person who executed the within instrument as
City Clerk of the City of Anaheim, the municipal corporation executing the within
instrument, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary Public
33
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK
208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDEROF ORANGE COUNTY, CALIFORNIA.
PARCEL B:
PARCEL 2 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK
208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C:
PARCEL 1 AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL MAPS,
RECORDS OF SAID ORANGE COUNTY.
SUPPLEMENTAL PARCEL:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON LOT LINE ADNSTMENT NO. 0000580,
RECORDED , 2004 AND INSTRUMENT NO. 2004- ,
OF OFFICIAL RECORDS.
FaSRosalesData\Platinum Tnangle\Stadiumtof6_DevAgreemenl_Fina_110804.doc
EXHIBIT "B"
FINAL SITE PLAN (FSP 2004-00005)
The Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim
Municipal Code) requires an approved Final Site Plan and a Development Agreement
between the property owner and the City of Anaheim for all development that
implements the PTMU Overlay Zone in the Katella, Gene Autry and Gateway Districts,
except as otherwise exempt under the Code. A Final Site Plan Application including Site
Plans, Floor Plans, Elevations, Landscape Plans and Sign Plans, as well as other
information determined by the Planning Director, is required to be submitted to the
Planning Department for review and approval by the Planning Director as to
conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle
Master Land Use Plan. Said Plans are then attached as an exhibit to the Development
Agreement. The Agreement is submitted to the Planning Commission and City Council
for review at a noticed public hearing.
The project applicant (CREA/Nexus Anaheim Comers, LLC) submitted an application
for Final Site Plan No. 2004-00005 to the Planning Department to provide for the
development of the Stadium Lofts -Anaheim project (a high-density urban mixed-use
center with 390 apartment dwelling units located above 2,820 squaze feet of retail use,
7,839 square feet of restaurant use, and 6,297 square feet of clubhouse and leasing office
surrounding a 5-level parking structure) in the PTMU Overlay Zone, Katella District.
The project site encompasses approximately 6.3 acres at the northwest comer of Katella
Avenue and State College Boulevazd and is currently undergoing the demolition of two
restaurants and offices. The applicant also submitted a request for a Conditional Use
Permit (CUP No. 2004-04906) for the proposed Stadium Lofts -Anaheim project to
modify required setbacks and to permit sales of alcoholic beverages for on-premises
consumption in the proposed 7,839 square foot restaurant with waivers ofminimum
dimension and area of patios balconies and required building treatment adjacent to
streets.
With the exception of the items and Code waivers requested pursuant to the Conditional
Use Permit application under the purview of the Planning Commission and City Council,
the Planning Director determined that the Final Site Plan application is in conformance
with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land
Use Plan and approved the Final Site Plan.
As required by the PTMU Overlay Zone, the Conditional Use Permit was considered in
connection with the Development Agreement. Both applications were duly considered
by the Planning Commission and City Council and approved by the City Council on
November 16, 2004.
Copies of the Site Plans, Floor Plans, Elevations, Landscape Plans, Sign Plans and the
Phasing Plan are attached hereto. Copies of the supplemental information required to
determine conformance with the PTMU Overlay Zone and The Platinum Triangle Master
Land Use Plan and the Planning Director's approval of the Final Site Plan aze on fale in
the Planning Department and incorporated herein by this reference.
F:~SRosalesData~Platinum Triangle~StadiumLofls_DevAgreement_Fina_110804.doc
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PROJECT SUN~MARY
1. BENEITY: 65 UNIT PER ACRE
2. SITE AREA (LOT AREA): 263,103 SF
3. BWELLING UNIT COUNT:
Pm MIC IR PXA. aP tl~ ~tIMS ~NWe ro
wL
1
wMm 4 J
~ I I1
u I
Y4 u
J~INON 4
m BIDN e ~
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v e e
0 ]1 L
my v o !
m 3
=
TDrAL IM = 9aD
I
IYI i ] NR I41ER IS I.M lnl 9/aa sIR
1`
4. LOT COYERACE
IN 518 (GW99F O.L91 ACPES 9R 2}],991 5T
IAT 52B IX6'I}. 5.95 AcVE 9fl 251A® SP
RAIDIW W'NVPRAC9 RS:
IpT 51'L°' 2NA9] 9
351,999 I .T+ = 191,182 SI R6L
fineL elmAwc NPSAACR - 109,ID5 se
es9vmrD IR,I0.4 se/ zs1,m9 ='m2x c91x9ucR eR9PV~A
BNLBING INFORMATION:
I. roru x9. 9r vTms: 999
z N9. av s'avae 1
9. free 9e NxslRUrn9v v-I D9ux. Pws sw.93a~.eD
1. 9Nlmwc me R 1 / u / Aa / a
5. BUILIIMG AREA: 483,371 SF (TOTAL)
Imxc AxG oP uxns = Dsaam s.P.
PAT10/f1AL/PPR'Af8 SIVR= 20.990 S.P.
CDYNON/SfAIRS/aLRC: CIDfia15 = T9,100 S.P.
c9uvoN sr9ruca AxP.AS = T,z1f s.P.
C4VaR0U58 = 9,297 S.P.
RPSTAURUR = O,9a9 S.P.
REPAU. = x,B20 S.P.
TOTAL HURLR4C AREA= 480,]]1 S.P.
8. RECREATION LEISURE AREA:
T1TAL O.a. PHOOIOfi0 '19,/20 SP ISHS GINIATION Aam2)
Im on mmlr4a Imv mlva% m ma w w 5wm m mla0
7. P.4REING STRUCTURE AREA:
PROYNPII: 250.]90 SP
8. RETAIL AREA: 2820 SF
9. LE.4S[NG/CLUBHOUSE AREA: 6287 SF
10. PARIUNG PER LEVEL+TOTAL N0. OF SPICES:
mPmx :44a ~~
t>,xa m Im rumalm my M tmlcnk
.mv2 nP Ila.m^.wvli 1~ 41m
~i la IJ 41m
PRm
1 NVSR Nk Iln
> rvn eve ~ mm
11. PRII'ATE GUEST CLOSET PER SEC IB.20.130.02U
PRRAIE S19N42 = IO TJl N Pf.
COIDNN SN®G6 = 95®69 [V R.
10tAt SNR. = B1.59~ W R. m®
IVILL NTf =999
/ IRIIAA51!iC
W RIGHT CIRCLE
P laiviq AJI
y
PP11YmkD AI,W6 / ]99 = PTML) Secliop 1820160.168.0$6:
:I9 N. PI. PCR MR (~ r11L ON £i+fl'r AIC)
Impact aurtolmding msidentiul uscs.
_n.,fi w<
(mm mok
_ e.-~I
1 1 r-%'
t ~ 3 1,_~_- 1 t
t -..... ~ ~ Sc:~,
hle k Pma (in+6 cLUle vl
~~. 9<lall ~ 1 ~
A t J ~Np$J.
1 ~;1;, f99 s ; n ~
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,C'. .. 'tf,r' ~ 1 ~.
IV< ^1
Wf
AVENUE
0ys fam etc 9AVenue or COnacctor JtreeC
:ial use outdoor lighting shall not adscrscly
ahun not blink, BDSh, ar oscillulc.
W INDSTAR COMMUNITIES
ANAHEIM, C.4
I
e
61kEen
616
I
Ql
y
~f
I.] 1
Y
-il
I
I
I 1
4
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?9ECZ:WAY 1~ xaF Cp:NIEC
PtCE:EWAY 2. 2515 1
39EkZENAY -. Nor CWNFD
:fi(<ZZW4Y 1: 2355 + H2 5
3-nEEZZWAY 5'. 213] a
3REZl1AY 5. 1324 c
5RGLWAT ` IIS 4
99EEFNAY 9: IIS 9
IDiAL IO,fi41 v'
Camo'1.14mm1 T.m TeVOY 1Ly'!
~1ertEti N.1..I~N~ elvel rmWa
um]mN, evalvp a ualM e7t
mA RrAw Ar9xux
R9VR9E PtY I6ai a '31'
py16G! Sl'/110' = AS
IC9 P481YL 'L~' !L 1Lldi STIR
+nrer
81iIM@ !T S [R a SY
exlrmrs u' / x' , xrz
T II
I ~ 1
1
a t-Da hed hne_m_d_ma'es sztbuck, typical
___
a 11 11 GRAPHIC SCALR
T Znn4 0 0 0 0 ~ 1~ ~"p~?r ~t P~ , ,J,E
v m }~~: 9 t
SfTE PLAN - ULT[n4ATE CONDITION '$
,~; e ~
SCALE I" = lG ~ ~ 'r/&t iguh~•Parrnera
a..a.,...[. .e..,..
A 1 r=Y=~__.~W.._
SITE PLAN -INTERIM CONDITION
SCALE: I"=JD'
WINDSTAR COMMUNITIES
ANAHEI M, ,CA
AlA
Gab iParaen
SECOND FLOOR PLAN
SCALE1"=JO'
W INDSTAR COMMUNITIES
ANAHEI as C~
A2
Baab i Parram
~~
-1
y
BB
. . --
-
' .- BMM BATF
k
W.I.C. ~
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B B*BAOOM 2
IP-0' ITfi' I_~IP~I1' -2'
BALCBNYI
PATIO
I i
L F!
Unit B 1 Unit B2
1,062 sf 1,082 sf -
Unit A 1 Unit 0.2
651sf 7285E UNIT FLOOR PLANS
SCALE : 1/a' - I'-B'
WINDSTAR COMMUNITIES
ANAHEIM, CA ~ '
Unit B3
1,207 sf
Unit A2LM (loft) OEAPHIO 500.1E
987 sf , m ~,~~
\eaL Par/een
A 7 _~-
4 na L
(fourth floor)
r
Unit Cl
1,299 sf
UNIT FLOOR PLANS
sceLe: va°-r-a•
WINDSTAR COMMUNITIES
AN AHEIM, aCA
DMPiG
0-0'aIP 5
ac~lw
Unit C2
1,398 sf
0.' LG
~O~
LIO O
IS'~'.dS-0'
a~tcE~w
ITd11PA'
GPAP131C SCALE
low,
Oeeb ~Partem
A 8 _~ ~=
Unit A2A
784 sf
II;
P.AN7RY I -- i ~
` LO
II
Vile II
- II ~P.IFEHE'."
;IWD
--~-
I'~ ~
~._ '. DINING
^ LIN ® --
I; BAiif
I ~-
LC
W
.
® O O
GREA AGGM /y~
~
11'd X'P \/
\~
~
V
BAL NY
~ Unit AIL (loft)
726 sf
UNIT FLOOR PLANS
scALe: yr-r-P-
WINDSTAR COMMUNITIES
ANAHEIM, CA
s
Unit A2L (loft)
x`784 sf
I -
Unit A3
550 sf
_r_ O
P.ANiftY I I EN LO
~a~
~I
ViiL. ~i Y,ffEHEN-~
"`' m,r
^'L~
--
-- I, errx
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.
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I' b'rl
BEG0.00M ~ O
IP-9'kR`-3-3'
BALCONY{ WN
P PA 0
~ I
Unit AIX
705 sf
CRAPHIO s~~
~v~,
®ub aParaor
A 9 _.~r.
+~Unit AlA
726 sf
Unit B2LM (loft)
127 sf
UNIT FLOOR PLANS
scALE: iia•- i~.a•
Unit B2LM
1082 sf
W INDSTAR COMMUNITIES
ANAHEIM, CA
CRAPMC SCALE
,v~~
®ub +Pardna
A 10 __..__~
6.291 SQUARE FEET
SCALE: I/0' 1'-0'
cRAPwc scALe
lv~l
pub aPormen
WINDSTAR COMMUNITIES
ANAHEIM, CA
All
MATERIAL LEGEND
r~ o,ma m.. rA~u ya
,. m. nmiunwec
KATELLA AVENUE ELEVATION
emon .ent• s u.m..ec
~""mtle'~"®r~'
~~,~
scAiE: Ire•- I•-p• sa®uram.ar
rm~ ar].a = m
~~ nmmou smnsnrs
6'10@ff16•Y
vm~u'/c•m
I. Campositioo Shingle Rnof
2. Sm¢a Wall Finish
3. 42• High Mcrnl Railings-Pointd
4. Fire RcsisEms Canvu Awnings
5. Smcca Covered Fonm Ttim
6. Decamrive Moulded Millwork Ponds
]. Aluminum Slorefiant Glazing
B. Dttomuve Meal Gate
9. Metal Awning
10. Dttmafive Emcco Covered Corbel
11. Decomdve McWl Finial
li. Wall Mourned Vertical Banner
13. Pm-cut Plainer Howl
14. Vinyl Window
GRAPHIC SCALE
,a,arr
WINDSTAR COMMUNITIES
ANAHEIM, CA
A12
tlaab aParram
SCALE I/4" - I'-G"
O Design Smndards ptt srnrion 18.20.140.0603:
when trim is used, a m'vwnum of ave-inch by
four-inch (I" x 4") trim u rtquued.
PROVIDED: 1" X 4" rtdribmsm stucco moved
vvm typical Uuvugbovc This provides for a one
ivcb deep rtcev, typically.
SCALE: 1/4"-t'-0"
O Balcovy walls ptt secdov (1830.140.060.0612)
The Iowa 30'/. must be a permanent solid buildivg mmeriW
That matches building.
PROVIDED:
14' lowtt solid stucco wall with 28" high w.i. railing
Wertfvrt: 14"/42" = 33.3
ELEVATION ENLARGEMENT E)OiIBTf
GRAPHIC GLALE
Im~l
W INDSTAR COMMUNITIES
ANAHEIM, CA
A 12A
®ub • Pnr(vala
SCALE: 1l4"-1'-0'
O CommemialGmund Floor Trtvtmrnm persmnun
18.20.IOO.110.1101 msryun approx. swore she
amount of window wren on gmuvd Floor m
campartd m older Roars.
PROVIDED: I n5F / 44 SF =2.66 times amount
ofwindvw nor an ground floor
nltif
y.! rt.!
r • a o r r !Q ~ ~ ~ • u v ~ ~ u
50'-0"
r
i ___
B® I
.I~~ ~ ~~ ~ ~~ ~ ~~ ~~ ~~
t i ~ R,_g,
1 I ~
~-------'---~ ~-'-------- r.
Matc6line 4 Smrv Rcridrntial 11
A~ mf
STATO COLLEGE 90llLEVaRD ELEV,1flON
SCALE: I/8'- 1'~0'
NOTE:
SEE [ANDSCAPE ORAWMGS FOR
DECDRATIVE PERIMETER METAL
FENCING, TYPICAL
WMDO WS SHALL HAVE CLEAR GLUNG
OR LIGHTLY TINTED GLAZING.
ALL GROUND FLOOR PATIO GLUING
SHALL BE AN UPGRADED FRENCH DOOR
STYLE DESIGN.
W INDSTAR COMMUNITIES
ANA HEI NI. CA
hfATERIAL LEGEND
I. Composition Shingle Rovf
'_. Smmo Wnll Finish
J. J2" High Mcml Railings-PaintN
J. Fire ftesiscmr Canvas Atmiegs
5. SNCCV Cavcmd Foam Tdm
fi. Dernrative Moulded Millwork Panels
]. Alumivum Smrefmnt Glavng
g. Decorative Meml Gmc
9. Metal Awning
10, pernrative SNtto COVCrtd COrhel
11. Dewnrive Mewl Finial
I?. Wall Mourned Vertical Berner
IJ. Prt-cast Planer Bowl
IJ. VinYl Window
GRAPHIC SCALE
tvmrt
tlenka +Parrern
A 13 _~~..
i sm.n^
WRIGHT CIRCLE ELEVATION
SCALE: I/g"- 1'~b'
WINDSTAR COMMUNITIES
oaa ^,A HEIM•.veC.o.
]DOTE:
SEE LANDSCAPE DRAWMGS FOR
DECORATIVE PERIMETER MFTgI.
FFNCMG, TYPICAL
MATERIAL LEGEND
1. Campasitiov Shingle Aoof
2. Stucco Wnll Finish
3.43"High Metal Railingo-Paisned
4. Firt Rnissm~ Canvss Awnings
5. Stucco Covned Foam Trim
b. Decoraive Moulded Millwork Panels
7. Aluswnum Sbsvfivns Glaang
8. Decorative Mewl Gvrc
9. Metal Awning
10. Decvrnbve Emcco Covemd Coobel
II. Decomiive M<tal Finial
li Wall MOUmnlVmical BVnner
Il. Prt-cut Planln DOwl
14. Vinyl Window
caAPwc scALe
Ivmrl
s ra•• n
tluYC •Parlun
A 14 _~ _
~. ~ampavnvn amng¢nnm
2. EN[ro Wall Finish
7. i2" High Metal RailingsPainted
NOTE: i. Fits Resistant Canvas Awdivgs
SEE LINDSCAPE DRAWA'GE FOB 3. SNCCn CovemL Foam Trim
DECORATIVE PERIMETER METAL 6. Pecaptive Moulded Millwack Panels
FENCING,TYPICAL '/. Aluminum Rmtefmnt Glaring
CONNECTOR STREET ELEVATION 9 n¢npfiveMeplcarc cnname scmz
9. Mepl Aw~wsg
SCALE: 1/g"~I'~U" 10. Oernptlve $NC[n CovesN Cotbel
I I. Decorative Mml Finial
1?. Wall MountedVmical Dpmv v° ~ n
s "s
IJ. Ptc-ast Plavtcr Bowl
li. V inYl Window
I5. T-g" High deco mepl @nce.& gate at patio ®n4 +Penean
W INDSTAR COMMUNITIES A1~ ~.-_
ANAHEIM, CA
~ Sg..g..
-~50'-"
HREEZEW:IY 4-NORTH ELEVATION
BREEZEIVAY- 4 ELEVATIONS
scA~e:lig^-r-a~
~L4TERIAL LEGEND
I. Compoaifion ghinglc Roof
2. Sm¢o wall Finish
1 J2-High Mcnl Railin&a-Painsvd
a. Fim Resismni Canna Awnings
5. SNao Covemd Fcam Trim
b. Decornive hlouldN Millwoh Panels
7. Aluminum SmreGvns Glazing
g. Decosadve Meml Gam
9. hI<sal Awning
Ig. Decumsive Stucco Covered Corbel
1 L Decoasive h/eul Finial
12. Wall Mavmed Vertical Banner
U. Prt-can Planets Bawl
IS Vinyl Wintlow
BREEZEWAY 4 - SOOTH ELEV'ATIOY
WINDSTAR COMMUNITIbS
ANAHEI av._e.o
G8IPHIC BCd18
(OafB)
ly-a 6
®aab +Pnrmera
A 24 _~~
w
Q
Q
J
W
Q
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.
~ fLM1EL10R ^uliEFf
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j -_
Ig
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t ~ ~~
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~ .~.1'~ - SF
-- Ci
a:? - 6i
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~:
_ _ 4
URB/
-
-°~
~ ~, k - ~. -
FUtI
I
1 _ I :,
SI
t~.
COMMUNAL ENTRY
WITH BENCHES
„~.F _T_I _~_ .. _I_
ACTIVE COURT
,~ -- e I
NOTE:
AU-MECHANICAL /ELECTRICAL /
BACKFLOW PREVENTION EQUIPMENT
WILL BE SCREEN BY PLANT MATERIAL
NOTE
- ALL Wi65CAPE ME45 SULL 9E WATERED 9v AIROMATL
IPW W11ON SYSTEMS
- IRRIWPON SYStEM WI1HM il@ CT' WGHI OF WRY
SNPLL HAVE RNNM0.5tER LONIgOLLfR F£R GiY
OF ANAHEIM$ SPEGFlCATON
SOW OF c.:,RN=S NI'Hln 5Fi9.VGK
AFEA SP.aLL _E 5 GsiypN IN SIZE
L-1
STATE COLLEGE BLVD.
~
LANDSCAPE SITE PLAN -
INTERIM
CONDITION ~
4
LANDESIG~
SCALE 'r.3P
0 ]P 6P mu sr~uv.uQ.~.w.
nwri o+~vram
i~ i
~ ~ ~ I, ,~, ~_ _
~5~~. ZOd4 y 0 0 ......P..~...,
W IN DS-CAR COMMUNITIES
ANnHE IM. CA
_ _ _,-_._a_ _~-_~ __-__-~ _ _ ~_-r__ i~~ _ ~_
Q
J
J
W
Q
Y
CONCRETE PAVING
...p_ ~ _ ~_ 1 _ _ -~ - ~ ... .... ...-«-.
- - ~I - 1
U
STATE COLLEGE BLVD.
_._ o-
CENTER
_ _ _ _ _ CONNECipR b~EEf
I ' - ~ OUTDOOR LOUNGE - ~ PA
S
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NOTE:
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BACKFLOW PREVENTION EQUIPMENT
WILL BE SCREEN BY PLANT MATERIAL
NOTE
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P~~ 2004 - 0 0 0 0 5
C®I,®Ii SC~IEME
Descriation
Stucco 1
Stucco 2
Stucco 3
Stucco 4 and Trim
Stucco 5
Stucco 6
Typical Window Mullions*
Accent Window Mullions at Retail*
Railings and Metal Awnings*
Canvas Awnings*
Roof
Note: *Use Semi-gloss finish
Color
#366 Ochre Tan
1 ~/z A 813
#521 Deacon's Bench
3/8 1163
#453 Monterey Cliffs
A 967
#2007 Ivory Silk
A 102
#530 Camelcoat
1 7/8 A575
#685 Grey Mountain
1 '/a A710
Manufacturer's "White"
#201 Sienna
#8293 Carbon Copy
#8608 Black
Sablewood
,~ SEP 2004 `:~,
`° RECE NED
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\ ,
DIVISION
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. 2004 -
Manufacturer
ICI Paints or
Omega Stucco
ICI Paints or
Omega Stucco
ICI Paints or
Omega Stucco
ICI Paints or
Omega Stucco
TCI Paints or
Omega Stucco
ICI Paints or
TBD
ICI Paints
Vista Paints
Sunbrella® Firesisk
Elk Roofing
NEXT MEETING
NOV 1 5 2004
CITY PLANNING
COMMISSION
;,,,~ EXIIIBIT "C"
CONDITIONAL USE PERMIT NO. CUP 2004-04906
[Resolution to be inserted]
FaSRosalesDatatPlatinum Tnangle~tadiumLOfts_DevAgreement_Fina_I 10804.doc
EXHIBIT "D"
PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES
F:~SRosalesData~Platinum Triangle\StadiumLofts_DevAgreemen[_Fina_I10804.doc
EXHIBIT "D-1"
ELECTRIC UTILITIES UNDERGROUNDING FEE
Residential Uses: $11.42 per unit
390 units x $11.42 = $4,453.80
The Anaheim Master Land Use Plan and the Underground Conversion Program
envision that the public utilities along Katella Avenue, between the State College
Boulevard and Anaheim Way will need to be undergrounded. The City-owned facilities
will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of
Anaheim Rates, Rules & Regulations.
Some of the facilities along Katella Avenue are owned by Southern California
Edison (SCE). Moneys available to underground City-owned facilities may not be used to
underground SCE facilities. The interim fee will collect the funds necessary to
underground the SCE lines, and thereby significantly improve the appearance of The
Platinum Triangle.
The cost to underground the SCE lines is estimated at $104, 775. These funds will
be collected by imposing an interim fee on the Mixed-used residential units planned in
The Platinum Triangle.
The formula for calculating the fee is the following:
Cost to Underground SCE lines = Per-Unit Fee
Number ofmixed-use residential units
The Per-Unit fee is calculated at:
$104.775 = $11.42 per Unit
9,175 Units
F_~SRosalesDam~Flatinum Triangle~StadiumLolis_DevAgreement_Fina_I 10804.doc
EXHIBIT "D-2"
FIRE FACILITIES FEE
Residential Uses: $350:00 per unit
Commercial/Office Uses: $ 0.20 per square foot
340 units x $350 = $136,500.00
16,956 sf x $0.20 = $ 3,391.20
The purpose of establishing a Fire Protection Fee is to finance improvements and
additions to facilities and equipment to support fire protection and pazamedic services
made necessazy by new development and expansion of and additions to existing
development within The Platinum Triangle. Development will generate additional need
for protection and paramedic services in The Platinum Triangle.
There is a need in The Platinum Triangle for expansion of fire protection and
pazamedic services and for new and expanded development to contribute its fair shaze
towards the costs of additional and improved facilities and equipment.
There is a reasonable relationship between the need for the described fire
protection and pazamedic facilities and equipment and the impacts of the types of
development proposed for The Platinum Triangle, for which the con•esponding Fire
Protection Fee described above is charged. There is also a reasonable relationship
between the use of the fee and the type of development for which the fee is chazged, in
that these fire protection and paramedic facilities and equipment provide support for fire
protection and pazamedic services and accommodate additional demand generated by
development.
The cost estimates set forth below aze reasonable cost estimates for adding to fire
protection and pazacnedic facilities and equipment in The Platinum Triangle. The Fire
Protection Fees collected pursuant to this agreement shall be used to finance only the
additional facilities described, which additional facilities are needed to augment existing
fire protection .and pazamedic facilities and equipment serving The Platinum Triangle, to
offset the impacts of new development and expansion of and additions to existing
development within The Platinum Triangle.
FIltE FACILITIES AND EQUIPMENT
Fire truck company with equipment
Fire engine company with equipment
Fire station
TOTAL
$1,000,000
$ 750,000
$3,500,000
$5,250,000
F:\SRosalesData~Platinum Tdangle~S[adiumLoRs_DevAgreement_Fina_I IOR04.doc
EXHIBIT "D-3"
GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE
Residential Uses: $8.00 per unit
CommerciaUOffice Uses: $0.01 per squaze foot
390 UNITS x $8.00 = $3,120.00
36,956 sf x $0.01 = $169.56
The General Plan and Environmental Processing Fee is based on the following:
Intent: Recover partial costs incurred to develop the Mixed-Use Overlay designation for
the Platinum Triangle, including the prepazation of the Environmental Impact Report
Contract Costs Incurred: $146,000
New Development Allowed in Platinum Triangle:
7,044,300 sq.ft. ofnon-residential uses
9,175 residential units (assume average unit size of 800 sq.ft. = 7,340,000 sq.ft.)
7,044,300
+ 7.340,000
14,384,300 total squaze feet
$146,000/14,384,300 = $.Ol per squaze foot
7,340,000 x $.01= $73,400
$73,400/9175 = $8 per dwelling unit
Planning Entitlement Fee
F:15RosalesData~Platinum Triangle~StadiumLotis_DevAgreement_Fina_I I0804.doc
EXHIBIT "D-4"
LIBRARY FEES
Residential Uses: $144.39 per unit
390 units x $144.39 = $56,312.10
', The amount of the Library fee is based upon the current fee structure for East Santa Ana
Canyon residential development for single family residential uses. The 2004 fee for such
residential uses is $317.67, based upon an estimated 3.3 persons per dwelling. Using an
estimate of 1.5 persons per unit in The Platinum Triangle, the proposed interim developer
fee for The Platinum Triangle is $144.39 per unit.
F$SAosalesDataNlatinum TriangletStadiumLof6_DevA~reement_Fina_l 10904.doc
EXHIBIT "D-5"
PLATINUM TRIANGLE PARK FEES
Residential Uses: $7055.74 per unit
390 units x $7,055.74 = $2,751,738.60
Pazk fees are established by implementing various values identified for The
Platinum Triangle into the Pazk Dedication Fee formula, as established by Anaheim
Municipal Code, Chapters 17.08 and 17.34, which is as follows:
(Land Acquisition Costs + Land Development Costsl x 2 x DU density proposed =fee
1,000
Land acquisition costs are estimated by Keyser-Mazsten to be $50/sq. ft. of
property purchased (for industrial properties, including goodwill and relocation costs*).
This equals $2,178,000/ac.
Land Development costs have been established by the City Council at
$173,913.33/ac.**
City Park Acreage Standazd of 2 acres/1,000 population was incorporated in the
formula set forth in Chapters 17..08 and 17.34, as approved by City Council.
Estimated dwelling unit density of 1.5 persons/unit for both the single family
attached and apartment complexes as estimated in Final Environmental Impact Report,
No. 330, Table 4.3-1, for the City of Anaheim's General Plan and Zoning Code Update.
Using the above figures the pazk fee is $7,055.74 per unit.
($2,178,000 + $173,913.33) x 2 x 1.5 = $7,055.74 per unit
1,000
Pazkland dedication will be required for each 8 acre or larger parcel proposed for
residential development. The City's Platinum Triangle consultant, EDAW, has
recommended that each dwelling unit for pazcels of 8 acres or lazger dedicate 44 sq. ft. of
public pazkland per each dwelling unit proposed.*** The value of the pazkland
dedication will be credited against overall park in lieu fees paid for the project.
Consistent with existing zoning and policies, no credit will be given for improvements.
As an example, if a subdivision were required to dedicate a .5 acre park, credit
would be given against the Land Acquisition value, established above, of $2,178,000 per
acre. Accordingly the Developer would be entitled to a credit of $1,089,000 for the
dedication.
F:\SRosalesData\Platinum Tnangle\SmdiumLofrs_DevAgreement_Fina_I 10804.doc
Notes:
*Memorandum by Keyser-Marsten dated December 29, 2004 and updated"
January 15, 2004 by James Rabe of Keyser Marsten, available in the Parks Division
office.
2004.
** As approved by the City Council in Resolution No. 2004R-128, dated Tune 15,
*** The squaze foot figure for required recreational space per dwelling unit in
The Platinum Triangle is lower than the figure used elsewhere in the City, as set forth in
Section 17.08. The lower figure is recommended because of the type of residential
projects anticipated for The Platinum Triangle. The mixed use type of neighborhoods
proposed require smaller human scale pazks within a walking distance of 2.5 to 5 minutes
of each dwelling unit.
F:\SRosalesData~Platinum TriangletSCadiumLofls_DevAgreement_Fina_I 10804.doc
EXHIBIT "D-6"
POLICE FACILITIES FEE
', Residential Uses: $31.62 per unit
', Office Uses: $ .10 per square foot
Commercial Uses: $ .21 per square foot
390 units x $31.62 = $12,331.80
6,297 sf office x $.10 = $629.70
10,659 sf commercial x $0.21 = $2,238.39
The Revenue and Cost Specialists Consulting firm is still in the process of
establishing fee guidelines For The Platinum Triangle area. During the interim the
foregoing formula will be applicable to offset the equipment cost for police services in
The Platinum Triangle azea. The interim fee will be replaced with aone-time capital
facilities fee which will be applicable to the Project.
F:VSRosalesDataV'latinum Triangle\StadiumLofts_DevAgreemenL_Fina_l 10804.doc
EXHIBIT "D-7"
PUBLIC WORKS SUPPLEMENTAL FEES
SUPPLEMENTAL SEWER IMPACT FEE
All Land Uses: $430.00 per 1,000 gross square foot
371,263 sf = 371.263 (372) x $430.00 = $159,960.00
1000
Gross Floor Building Area developed between 0.4 and 1.0 Floor Area Ratio (FAR)
ARTERIAL HIGHWAY BEAUTIFICATION/AESTHETIC IMPACTS FEE
All Land Uses: $12,500.00 per gross acre
6.284 acres x $12,500.00 $78,550
SUPPLEMENTAL STORM DRAIN IMPACT FEE (Drainage District 27)*
Residential Uses $24,500.00 per net acre
', Non-Residential Uses $35,000.00 per net acre
', This project is located in Drainage Districk 26
*Drainage District Maps aze available in the Public Works Department.
F:\SRosalesDam\Platinum Tdangle\SmdiumLofls_DevAgreemenl_Fina_110804.doc
EXHIBIT "D-8"
TRAFFIC FEE
Residential Uses $871.00 per unit
Office Uses $3,384.00 per 1,000 square foot
Commercial Uses $10,552.00 per 1,000 square foot
390 units x $871.00 = $339,690.00
6,297 sf office x $3,384.00 = $21,309.04
1000
10,659 sf commercial x $10,552.00 = $112,473.76
1000
The Supplemental Traffic Fee is based upon the following:
PLATINUM TRIANGLE TRAFFIC IMPACT FEE CALCUATION
PM
PEAK AVERAGE CAPACITY COST PER IMPACT
UN TRIP
LAND USE IT RATE I LENGTH (MI) 2 CONSUMED 3 DANE MILE 4 FEE/UNIT 5
dw
elli
Residential ng 0.49 ].67 0.00048086 $ 2,818,092 $ 671
Office tsf 1.36 1.67 0.00133330 $ 2,818,092 $ 3,384
Commercial [sf 3.89 1.67 0.00382504 $ 2,818,092 $ 10,552
1 Anaheim Traffic Analysis Model, PBQ&D, hourly trip rate between 3 & 7 pm weekdays in
Platinum Triangle.
2 Anaheim Traffic Analysis Model, PBQ&D, average trip length during PM peak hour in Platinum
Triangle.
3 PM trip rate multiplied by average length, then divided by OCTA standard 1,700 vehicles per hour
per lane. -
4 Construction plus right-oF--way (no landscaping) derived from State College/Lincoln project data
below:
$1,582,195.00 construction of State College/Lincoln intersection widening
4087 linear feet (It) of project length
5387.13 per if (no landscape costs included)
$2,044,039.00 constcostper mile
$774,053.00 row cost per mile
5 Impact Fee is exclusive of Citywide Traffic and Transportation Improvement Fee, which also is
due.
F:~SRosalcsData~Platinum Triangle~StadiumLofts_DevAgreement_Fina_l 10804.doc
EXHIBIT "'E"
Development Agreement No. DAG 2004-00002
DEVELOPMENT REQiIIItEMENTS AND MAINTENANCE OBLIGATIONS
As a condition of approval of Development Agreement No. DAG 2004-00002,
the City requires OWNER to undertake and implement the maintenance of certain
landscaping, private streets and private utilities, and the performance of other obligations,
as set forth herein. Prior to the first final building and zoning inspection, OWNER shall
execute and record with the Orange County Recorder an unsubordinated covenant to run
with the land, satisfactory to the Planning Director and the City Attorney, creating
maintenance obligations to maintain the following areas and facilities (collectively
referred to hereinafter as the "Maintenance Areas and Facilities").
a. Private Alleyway at the west boundary of the project including sidewalks,
landscaping, street lighting, signage, striping and all other appurtenances to the
private alleyway.
b. Private sewer lines, grease interceptor, and clean outs.
c. Private storm drain lines, azea drains, inlets, and catch basins.
d. Intemal landscape azeas, courtyards, common areas.
e. Internal handscape.
f. Pazkway landscaping.
g. Pazkway hardscape.
h. Onsite fountains and art elements.
i. Enclosed pazking structure with mail facilities, rubbish collection areas, and
bicycle storage.
j. Appliances in each dwelling unit including washer, dryer, stove, refrigerator,
microwave, and dishwasher.
k. HVAC equipment in each dwelling unit.
1. Recreational amenities areas including pool & spa, barbecue areas, clubhouse
meeting room(s), sauna, workout room.
m. Public restrooms.
n. Site lighting systems.
F:~SRosalesData~Pla[inum Triangle~SladiumLoflS_DevAgreement Fina_I10804.doc
o. Common areas associated with Restaurant & Retail facilities.
p. Trash collection and facilities.
q. Squeal-free surface in parking structure:
r. Maintenance of on-site signs and awnings.
The obligations described above and depicted in the Maintenance Exhibit shall
collectively be refen•ed to as the "Maintenance Obligations." OWNER shall be
responsible for the maintenance of the Maintenance Areas and Facilities and performance
of the Maintenance Obligations, including any additional obligations, which may be
specified herein. The Covenant may provide any of the Maintenance Obligations maybe
assumed by a duly formed Platinum Triangle Infrastructure and/or Maintenance
Assessment District subject to CITY's written approval.
The covenant set forth herein constitutes a general scheme for the development,
protection and maintenance of the Property. Said covenant is for the benefit of the
Property and shall bind al] successor owners thereof. Such covenant shall be a burden
upon, and a benefit to, not only the OWNER but also its successors and assigns. Such
covenant is intended to be and shall be declazed to be running with the land or equitable
servitudes upon the land, as the case maybe.
The Covenant .shall provide that amendment of any provision thereof, which may
negatively impact performance of the Maintenance Obligations, shall require prior
written consent of the City. Termination of this Covenant is not a release of Declarant
with regazd to Declazant's independent obligations in connection with development and
approval of the Project or with regard to obligations and liabilities incurred prior to such
termination.
F9SRosalesData~Flatinum Triangle~StadiumLofis_DevAgreement_Fina_t 10804.doc
EXHIBIT "F"
PRELIMINARY TITLE REPORT
[To be inserted]
F:~SRosalesDala~Platinum Tdangle~tadiumLofts_DevAgreement_Fina 710804.doc
EXHIBIT "G"
CONNECTOR STREET COST ESTIMATE
PCC SIDEWALK 2,760 LF @ 6.00 16,560
PCC CURB & GUTTER 610 LF @ 20.50 12,505
AC PAVING 12,700 @ 5.00 63,500
CATCH BASIN (w/connection) 2 EA @ 7,700 15,400
STREET LIGHTS* 3 EA @ 12,000 36,000
DRY UTILIIES 610 LF @ 20:00 12,200
SEWER MAIN 322 LF @ 122.00 39,040
REMOVE EXISTING SEWER 320 LF @ 19.00 6,080
NEW SEWER MANHOLE 1 EA @ 2,350.00 2,350
MAINTAIN SEWER FLOW 1 LS @ 6,550.00 6,550
STREET TREES 17 EA @ 1,000 17,000
LANDSCAPING 2,250 SF @ 5.00 11,250
SIGNING/STRIPING 1 LS @ 1,000 1,000
REMOVE EX AC PAVING 12,700 SF @ 2.00 25,400
REMOVE EX CURB & GUTTER 610 LF @ 7.50 4,575
REMOVE EX SIDEWALK 2,760 SF @ 2.00 5,520
ADJUST UTILITIES TO GRADE 1 LS @ 2,000 2,000
DRIVEWAY APPROACH 380 SF @ 7.50 2,850
REMOVE EXISTING DRIVEWAY APPROACH 380 SF @ 7.00 2,660
CURB RAMP 2 EA @ 1,450.00 2,900
REMOVE EXISTING CURB RAMP 1 LS @ 1,000.00 1,000
REMOVE EXISTING CATCH BASIN 2 EA @ 1,400.00 2,800
SUBTOTAL 289,140
15% CONTINGENCY 43,371
TOTAL 332,511
* Unit price provided by Electrical Engineering 10-12-04
Revised: 10-12-04
F:~SRosalesDam~Pla[inum Triangle~StadiumLoRs_DevAgreement_Fina_l 10804.doc
CEQA Mit
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Conditional Use Permit No. 2004-04921 ,~~ ~~ Subject Property
Date: November 15, 2004
Scale: 1" = 200'
Requested By: PRINCE OF PEACE LUTHERAN CHURCH Q.S. No. 64
REQUEST TO PERMIT A TELECOMMUNICATION FACILITY (DISGUISED AS A CROSS) WITH
ACCESSORY GROUND MOUNTED EQUIPMENT.
1421 West Ball Road -Prince of Peace Lutheran Church 1a7a12oo4-11-10>
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ITEM N0. 8
Sr881~dh:doc
Page 1
(7)
(8)
ENVIRC
_ (9)
EVALUF
(10)
coverage area. The initial application for this facility proposed three freestanding
monopples disguised as flagpples. At staffs request, the petitioner redesigned the fe
as a cross. The petitioner indicates that this site was selected as it would be the leas
obtrusive: location and would not add any additional visual clutter to nearby properties
(12) The Planning Department continues to discourage;unscreened telecommunication fa
due to the significant cumulative visual impact on the community as a whole. The rep
adopted Zoning Code includes deslgn guidelines and requirements for telecommunic
facilities. i Section No. 18,038!060 states; "Stealth antennas shall be concealed within
features such as signs, clock owers, oCSimilar structures that are compatible witfi th
surround'mg land uses. Whenever possible, all other antennas shall be concealed w
similar features or structures." The design of this telecommunication antenna actiev~
City's objective to screen these types offacilities, as the proposed AT & T Wireless fe
would replace the existing cross and would "blend in" within the contexGof the church:
school site.
(13) Code Enforcement Division records indicate no pending code violatiens for the grope
FINDINGS:
(14) :Before the Commission grants any conditional use' permit, it must make a finding of f;
i that the evidence presented shows thaFall of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by;
Zoning Code;' or is an unlisted use as definetl in Subsection .030 (Unlisted'Use
Permitted) of Section 18.66.040 (Approval Authority); `;
F
RI
[DRAFT]
RESOLUTION NO. PC2004
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04921 BE GRANTED
(1421 WEST BALL ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THAT PORTION OF LOT 19 OF ANAHEIM INVESTMENT COMPANY'S
TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 33 AND 34 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE OF LOT 22 OF TRACT NO. 1421, AS SHOWN ON A MAP RECORDED IN
BOOK 62, PAGE 14 OF SAID MISCELLANEOUS MAPS, WITH THE CENTERLINE OF BALL
ROAD, 60.00 FEET WIDE; THENCE NORTH 0° OS' 14" WEST 671.11 FEET ALONG THE
EASTERLY LINE OF SAID TRACT NO. 1421 TO THE NORTH LINE OF SAID LOT 19;
THENCE NORTH 89° 35' 11" EAST 257.50 FEET ALONG SAID NORTHERLY LINE; THENCE
SOUTH 0° 18' 02" EAST 671.28 FEET TO A POINT ON SAID CENTERLINE WHICH IS
EASTERLY 260.00 FROM SAID POINT OF BEGINNING; THENCE SOUTH 89° 37' 29" WEST
260.00 FEET TO SAID POINT OF BEGINNING.
PARCEL 2: AN EASEMENT FOR ROAD PURPOSE OVER THE NORTH 20.00 FEET OF
LOTS 17, 18 AND 19 OF ANAHEIM INVESTMENT COMPANY'S TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY. CALIFORNIA.
EXCEPT THAT PORTION O'F SAID LOT 19 LYING WESTERLY OF THE EASTERLY LINE OF
THE LAND DESCRIBED IN PARCEL 1 HEREIN.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 15, 2004, 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 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:
1. That the proposed use of a telecommunications facility disguised as a cross with accessory
ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Sections 18.14.030.010.0402 and 18.38.060.
2. That the proposed telecommunications facility disguised as a cross in connection with the
existing church would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the facility would be completely screened from view.
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a cross and complies with all .applicable Code standards.
-1- PC2004-
4. That because this is an unmanned facility with infrequent maintenance, the traffc generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed .and improved to carry the traffic in the area.
5. That granting this conditional use permit will not, under the conditions imposed, be - - -
detrimental to the health and safety of the citizens of the City of Anaheim and will contribute to an essential
and effective wireless communications network system.
6. That 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 FENDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a cross) and
accessory ground-mounted equipment and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative
Declaration together with any comments :received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
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
health and safety of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1) "cross" with three (3) sectors and
six (6) antennas (two antenna per sector) mounted inside the cross and accessory ground-mounted
equipment shall be permitted for a period of five (5) years, to expire on November 15, 2009.
2. That the proposed telecommunications facility shall be limited to thirty-five (35) feet in height with three
(3) sectors consisting of six (6) antennas two (2) per sector having dimensions of 3 feet in length
completely enclosed within the cross and accessory ground-mounted equipment. The cross shall be
constructed of materials that conceal the structures identity as a telecommunication facility and shall be
maintained in a "like-new" condition. No additional or replacement antennas shall be permitted without
the approval of the Planning Commission. Said information shall be specifically shown on plans
submitted for building permits.
3. That no signs, banners or any other form of advertising or identification shall be attached to the
proposed "cross" structure.
4. That the ground-mounted equipment shall be located entirely within the designated "leased" area of the
property and the cable connecting the "cross" to the equipment shall be underground and shall not be
visible to the public. Said. equipment shall be completely enclosed within a 6 foot high decorative
concrete block wall planted and irrigated with clinging vines on maximum 3-foot centers to prevent
graffiti. Said information shall be specifically shown on plans submitted for building permits.
5. That a landscape and irrigation plan for subject property shall be submitted to the Planning Services
Division far review and approval. Said plan shall indicate refurbished landscaping including ground
cover, shrubs and vines adjacent to the new 6-foot high block wall enclosure. The existing chain link
fence/gate shall be replaced with wrought iron. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations
item. Said information shall be specifically shown on plans submitted for building permits
6. That the landscaping shall be maintained in conformance with the approved exhibits and the irrigation
system shall be maintained in compliance with City standards. That any tree planted on-site shall be
replaced in a timely manner in the event that it is removed, damaged., diseased and/or dead.
7. That all equipment, including supply cabinets and :power meter shall be installed on private property and
shall be screened from public view, as approved by the Planning Department. Said information shall be
specifically shown on plans submitted for building permits. The developer shall obtain aRight-of-Way
-2- PC2004-126
Construction Permit from the Public Works Department for any work within the public right-of-way,
including but not limited to installation of conduit, cable and electrical service lines.
8. That existing trash storage areas shall be refurbished to comply with approved plans on file with the
Public Works Department including the addition of trash enclosure gates per City Standards. Said -- --
information shall be specifically shown on plans submitted for building permits.
9. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
10. That the operator shall ensure that its installation and choice of frequencies will not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
Public Safety and related purposes.
11. That at all times, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
12. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shafil be
conducted by the Communications Division of the Orange County Sheriff's Department or a Divison-
approved contractor at the expense of the Operator.
13. That the Operator shall provide a 24-hour "single point of contact" name, telephone number, fax number
and a-mail address to the Planning Services Division (to be forwarded to the Fire and Police
Departments) to which interference problems may be reported. All interference complaints shall be
resolved within 24 hours.
14. That the Operator shall ensure that any of its contractors, sub-conkractors or agents, or any other user
of the facility, shall comply with the terms and conditions of this permit.
15. That should this telecommunication facility be sold, the City of Anaheim, Planning Services Division
shall be notified within 30 days of the close of escrow.
16. That any required relocation of City electrical facilities shall be at the applicant's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
17. That the legal owner of the subject property shall provide the City of Anaheim with an electrical utility
easement along/across high and low voltage lines, and around pad=mounted equipment. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
18. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, and 3 as conditioned herein
19. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4, 5, 7, 8, 13, 16 and 17, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, Condition Nos. 12 and 18, above-mentioned, shall be
complied with.
21. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code 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.
-3- PC2004-126
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. •-- ---
BE IT FURTHER RESOLVED that the applicant 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 or
prior to the issuance of building permits 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
November 15, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on November 15, 2004, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-4- PC2004-126
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Conditional Use Permit No. 2004-04925
Requested By: CTXVORANGETHORPE DALEY
I I
INDUSTRIAL
FIRMS ~
Subject Property
Date: November 15, 2004
Scale: 1" = 200'
Q.S. No. 80
REQUEST TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1661 North Raymond Avenue -Calvary Chapel Grace, Inc.
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(2)' The petitioner requests approval of a conditional use permit under authority of Code Section
18.10.030.0402 tb permit a church within an existing office building with waiver of the
following:
SECTION NO. 18.42.040 Minimum number of parking spaces
(416 required; 350 existing and
recommended by the City Traffic and
Transportation Manager)
BACKGROUND:
(3) This property is developed with two-story office buildings and is zoned I (Industrial). The
Anaheim General Plan Land Use Element Map designates this property for Office-Low lantl
uses.
PREVIOUS ZONING ACTIONS
(4) The following zoning actions pertain td this property:
(a) Admin(strative Adjustment No. 11:5 (waiver of minimum number of parking spaces to
establish a 7,243 square foot graduate level college) was approved by the Zoning
Atlministrator on December 5, 1996.
(b) Conditional Use Permit No. 3445;(to permifa 560 square foot snack shop within an
existing 90,000 square foot office building) was approved by the Planning Commission
ort August 12, 1991.
(c) Conditional Use Permit No. 2018: (to construct a commercial office complex in the ML
zone) was approved by the Planning Commission on August 27,.1979.
sr8812dh.doc
Page 1
Staff Report to the ;
Planning Commission
November 15, 2004
r Item No:?9
PROPOSAL:
(5) The petitioner is requesting approval of a conditional use permit o establish a 3,268 square
foot church within an existing 90;000 square foot two-story office building. 1No exterior
modifications to the existing building are proposed in conjunction with this request.
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Use Square Feet Code Parking Requirement Parking
s.f. 'Re aired='
College Use 1;200 s.f. 0.82/student
Classrooms'. (classroom or 20 spaces/1,000 square feet 24
area whichever is greater
-0ffice For Oollege 6;043 s.f. 4 spaces per 1;000 s.f. / GFA 24
Other Office Uses in ' 79,489 4 spaces per 1;000 s.f. / GFA 318
the complex
Church (assembly 1';668 29 spaces per 1,000 s.f. of assembly 48
area) area oC0,333 space per fixed: seat
lwhichever is greater
Ohurch Office 500 4 spaces per 1,000 s.f, / GFA 2
Classrooms (Sunday 1;100 N/A~ 0
school)/Nursery Area
TOTAL ,90,000 s.f.; 416
(11) The requested waiver pertains to minimum nun
minimum of 416 spaces for the proposed chute
in paragraph no[ (6) of this report and$50 spac
has submitted a parking study, prepared by Kai.
2004, to substantiate the request for this waivei
Manager has reviewed this study and has detei
(a) That the waiver, under the conditions imposed, if an~
parking spaces to be provided for such use than'the
'?
to accomm
foreseeablE
(b) That the we
competition
proposed u
tee ~ na[ zne cramc genera[ee oy me proposee use ww no[ imps
the streets'and highways designed and improved to carry t
(e) .`That the granting of the conditional use permit under the'
will not be detrimental;to the health and safety of the'citize~
RECOMMENDATION
'(15) Staff'recommerds that, unless additional or contrary informatidr
meeting, and based upon the evidence submitted to the Plannin
evidence presented in this staff report, and oral end written evid
hearing, the Planning Commission approve the'petitioner's requ
resdlution including the findings and'conditions dontained therei
[DRAFT]
RESOLUTION NO. PC2004-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04925 BE GRANTED
(1fi61 NORTH RAYMOND AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California., described as:
PARCEL A: PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 166, PAGES 13 AND 14 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 166, PAGES 13 AND 14 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 15, 2004, at 2:00 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
18.03, 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:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.10.030.0402 to wit: to permit a church within an existing office building
with waiver of the following:
SECTION NO. 18.42.040 - Minimum number of parkino spaces
(416 spaces required; 350 proposed and recommended by
the City Traffic and Transportation Manager)
2. That the subject property is developed with an existing office buildings and parking lot, formerly
that the zoning is Industrial; and that the Anahetm General Plan Land Use Element designates the site for
Office-Low land uses.
3. That the waiver will not, under the conditions imposed and based on the conclusions contained
in the parking study submitted by Katz, Okitsu & Associates, dated October 4, 2004, will not cause fewer off-
street parking spaces to be available than exists on the property for the church and other on-site activities
provided the church adheres to the assumptions contained in the parking study; and said study indicates that
the hours of operation indicated in the parking study; letter of operation states that the peak parking demand
for the church occurs on the weekends when most of the other office uses are closed and therefore, the off-
street parking spaces would be adequate for the proposed church use.
4. That the waiver will not, under the conditions imposed, increase the demand and competition
for parking spaces on the public streets and adjacent private properties in the immediate vicinity of the
proposed use because the projeck parking lot has adequate parking to accommodate the peak parking
demands of the proposed church use; and, further, there is no reason to encroach into other parking facilities
because the parking lot will provide ample parking as indicated in the parking analysis.
-1-
1
:I
5. That the waiver, under the conditions imposed, would not increase traffic congestion within the
off-street parking areas or lots provided for such use.
__ _
6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties.
7. That the proposed use will npt adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full development
of the church in a manner not detrimental to the particular area nor to the health and safety,
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and :improved to carry the traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not be detrimental
to the health and safety of the citizens of the City of Anaheim because the proposal complies with all the
applicable site development and zoning standards, except for the waiver of minimum number of parking
spaces, for properties and uses in the I zone.
11. That ""' indicated their presence at said public hearing in opposition; that no correspondence
was received in opposition to the subject petition...
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish a church within an existing office building with waiver of
minimum number of parking spaces and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 church services shall be limited to Sunday services from 10 a.m. to 11:15 a.m., and 11:30 a.m. to
1:00 p.m.; evening service on Wednesdays from 7:30 p.m. to 9:00 p.m. Bible study and prayer
meetings on Sundays from 9:00 a.m. to 10:00 a.m. and Saturdays from 6:00 a.m. to 7:30 a.m., as
stipulated by the petitioner in the letter of operation.
2. That no portable signs shall be utilized to advertise the church.
3. That the only accessory school activity shall be Sunday school, and this facility shall not be used as a
private daycare, nursery, elementary, junior and/or senior high school.
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
5. That at no time shall there be any outdoor storage on the site.
6. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be
submitted to the Building Division for review and approval to ensure compliance with such Building and
-2-
Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be
prepared by a licensed architect and/or engineer.
7. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
8. That if the business is equipped with alarm system (silent or audible) aBurglary/Robbery Alarm Permit
application shall be completed and submitted to the Police Department.
9. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 2, and as conditioned herein.
10. That prior to commencement of the activity authorized by this resolution or Issuance of a building
permit or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 6 and 6, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.60.170 (Extensions of time to
comply with conditions of approval) of the Anaheim Municipal Cade.
11. That prior to commencement of the activity authorized by this resolution, or final building and zoning
inspections, Condition No. 9, above-mentioned, shall be complied with.
12. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code 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 FURTHER RESOLVED that the Anaheim City 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits 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
November 15, 2004. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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
November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS WHEREOF, I have hereunto set my hand this day of
.2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4-
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Variance No. 2004-04631 Subject Property
Date: November 15, 2004
Scale: 1" = 200'
Requested By: ANAHEIM MAGNOLIA LLC Q.S. No. 17
REQUESTS WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES
TO PERMIT A COMPUTER VOCATIONAL SCHOOL.
1125 North Magnolia Avenue
1576
10a. CEQA NEGATIVE DECLARAI
10b.. VARIANCE N0. 2004-04631
SITE LOCATION AND'DESCf
(1 ) This irregularly-shapei
Magnolia Avenue, a rr
" centerline of La Palm
REQUEST:
(2), The petitioner request
SECTION NO. 18:4:
BACKGROUND:
(3) This property is;develi
The Anaheim Genera
land Uses.
(4), The petitioner submitt
continuance to the De
submit a revised park'
srt3814gk.doc Page 1
ATTACHMENT -ITEM N0. 10
Universal Career Institute
523 N. Hanover St
Anaheim CA. 92801
11.03.2004
To Scoot Kim:
City Of Anaheim Planning Department
This letter is to inform you that we would like the continuance to obtain C.U.P for
computer trade school located at 1125 N. Magnolia Anaheim California 92801.
You request a new parking study, for the hearing on Nov 13 2004, the frame time is too
short to submit you request there for we request to be extend to the next hearing
December 13 2004.
If you have any questions please feel free to contact me at your earliest convenience.
Sincerely,
~; "C
NOV`2004
RECEIVED
DE ARTMENT
Ehky Gutierrez
Director