PC 2006/01/23a i
iss~ a
®nciay, January 23, 2006 .
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
® Chairman: Gail Eastman
® Chairman Pro-Tempore: Cecilia Flores
o Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
® Call To Order
Preliminary Plan Review 11:00 A.IIA.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the January 23, 2006 agenda
® Recess To Afternoon Public Hearing Session
. Reconvene To Public Hearing 2:30 P.M.
the secretary.
® Pledge Of Allegiance
® Public Comments
® Consent Calendar
. Public Hearing Items
® Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission(a)anaheim.net
H:\dots\clerical\agendas\012306.doc {01 /23/06)
Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Items Cf Public Interest:
Presentation of a plaque accepted by Commissioner Panky Romero on behalf of David Romero in
acknowledgement of his 2 Ys years of service on the Planning Commission.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed andlor removed from the Consent
Calendar for separate action.
Reoorts and i2ecommendations
1A. General Plan Conformity No. 2005-00047
Agent: Anaheim Redevelopment Agency, 201 South Anaheim
Boulevard, Anaheim, CA 92805
Community Development Department request for Planning
Commission determination of conformance with the Anaheim General
Plan for the Amended and Restated Redevelopment Plan. Project Planner.
fdseaQanaheim.net)
General Plan Conformity Resolution No.
Allinutes
18. Receiving and approving the Minutes from the Planning Commission
Meeting of December 12, 2005. (Motion)
Continued from the January 9, 2006, Planning Commission meeting.
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of January 9, 2006 (Motion)
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Page 2
Public Hearina Items:
2a. CEQA NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2005-05031
Owner: Mark Ghassemi, 301 East Bail Road, Anaheim, CA 92805
Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA
92649
Location: 301 East Ball Road: Property is approximately 0.93-acre,
having a frontage of 150 feet on the north side of Ball Road
and is located 333 feet east of the centerline of Technology
Drive (Ollin International, Inc.).
Request to permit and retain an existing outdoor storage area and to
install an overhead crane to load trucks with slab materials in conjunction
with an existing wholesale building material (stone) distribution business
with waiver of minimum number of parking spaces.
Continued from the October 31, November 14, December 12, 2005, and Project Planner.
January 9, 2006, Planning Commission meetings. lioramlrez(c~anaheim.netl
Conditional Use Permit Resolution No.
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15 Request a
3b. TENTATIVE TRACT MAP NO. 16958 Continuance to
February 6, 2006
Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way,
Suite 110, Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa
Mesa, CA 92626
Location: 777 Convention Wav: Property is approximately 8.5
acres, located at the northwest corner of Hotel Way and
Convention Way (Anaheim Hilton).
Request to establish a 1-lot, airspace hotel subdivision for investment
purpOSeS. Project Planner.
(skim(a)anaheim.vet)
Continued from the December 12, 2005, and January 9, 2006, Planning
Commission meetings.
H:\dots\clerical\agendas\012306.doc (01 /23106)
Page 3
4a. CEQA MffIGATED NEGATIVE DECLARATION Request a
4b. VARIANCE NO. 2005-04655 Continuance to
4c. TENTATIVE PARCEL MAP NO. 2005-157 February 6, 2006
Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA
92807
Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
Location: 6263 East Trail Drive: Property is approximately 3.2 acres
having a frontage of 47 feet at the terminus of Trail Drive
and is located 145 feet west of the centerline of Whitestone
Drive.
Variance No. 2005-04655 -Request waivers of (a) maximum structural
height, (6) maximum retaining wall height and (c) lot frontage on a public
or private street to construct asingle-family residence.
Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit
detached single-family residential subdivision.
Project Planner:
(avazauez onanaheim.neU
Continued from the January 9, 2006, Planning Commission meeting.
Variance Resolution No.
H:\docs\clerical\agendas\012306.doc (01123/06)
Page 4
5a. CEQA NEGATIVE DECLARATION
5b. RECLASSIFICATION NO. 2005-00169
'Advertised with Tracking No. RCL2005-00173
Owner: Kenneth Thompson, 711 East South Street, Anaheim, CA
92805
CP/HERS Anaheim LP, 335 Madison Avenue, #7, New York,
New York, 10017
Raymond Siegele, 500 South Atchison Street, Anaheim, CA
92805
Charles Atwood, 534 South Atchison Street, Anaheim, CA
92805
Anaheim Redevelopment Agency, 201 South Anaheim
Boulevard, Suite 1003, Anaheim, CA 92805
Voit Anaheim Business, 21530 Oxnard Street, #B, Woodland
Hills, CA 91367
Agent: Anaheim Redevelopment Agency, 201 South Anaheim
Boulevard, Suite 1003, Anaheim, CA 92805
Location: Portion A: The property is approximately 24.2 acres and is
located at the southeast corner of Santa Ana Street and Olive Street (516
East Santa Ana Street and 500-610 South Olive Street - Kwikset and
APW sites). Portion B: The property is approximately 16.7 acres,
having frontages of 455 feet on the north side of South Street and the
south side of Santa Ana Street (525 - 727 East South Street and 500 -
558 South Atchison Street).
City-initiated request to reclassify Portion A from the I (Industrial) zone to
the RM-3 (Multiple Family Residential) zone, and Portion 8 from the I
(Industrial) zone to the RM-4 (Multiple Family Residential) zone or less
intense zone.
Reclassification Resolution No.
hkld ocslcle rical\ag a nda s\012306. d oc
P/gect Planner:
(dsee(a)anaheim.neU
(01 /23/06)
Page 5
6a. CEQA CATEGORICAL EXEMPTION -CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2005-05056
Owner: Dae Won Hong, 1808 Calavera Place, Fullerton, CA 92833
Agent: Josephina Escalante, 221 South Magnolia Avenue,
Anaheim, CA 92804
Location: 221 South Magnolia Avenue, Suite G: Property is
approximately 0.94-acre, located at the northwest corner of
Broadway and Magnolia Avenue (Rancho Meat Market).
Request to expand an existing legal nonconforming convenience market
into an adjacent tenant space.
Conditional Use Permit Resolution No.
7a.
7b.
7c.
Owner: CREA Nexus Anaheim Comers, LLC, 9381 Judicial Drive,
Suite 100, San Diego, CA 92121
Agent: David Slaughter, Fuscoe, Engineering, 16795 Von Karmen,
Irvine, CA 92606
Eric L. Heffner, Nexus Properties, Inc., 9381 Judicial Drive,
Suite 100, San Diego, CA 92121
Location: 1801 East Katel a Avenue: Property is approximately 6.3
acres and is located at the northwest corner of Katella
Avenue and State College Boulevard (Stadium Lofts -
Anaheim).
Development Agreement No. 2005.00002 -Request to amend a
Development Agreement between the City of Anaheim and CREAINexus
Anaheim Comers, LLC to allow residential condominiums.
Tentative Tract Map No.16618 -Request to establish a 1-lot, 390 unit
residential mixed use condominium subdivision
Development Agreement Resolution No.
* Advertised as residential condominium subdivision.
H:\docs\clerical\agendas\012306.doc
Project Planner:
finixon(a7anaheim.oet )
Project Planner.
(ioramin: z(alanaheim. net )
(01 /23/06)
Page 6
8a. CEQA NEGATIVE DECLARATION
8b. WAIVER OF CODE REQUIREMENT
8c. CONDITIONAL USE PERMIT NO. 2005-05049
Owner: Investment Fremont, 175 North Riverview Drive, Anaheim,
CA 92808
Agent: Jay Malloy, 8200 East Crystal Drive, Anaheim, CA 92807
Location: 5635 East La Palma Avenue: Property is approximately
5.6-acres, having a frontage of 275 feet on the north side of
La Palma Avenue and is located 296 feet west of the
centerline of Imperial Highway (Cinema City Theatres).
Request to permit storage of vehicles within an existing parking structure
for an off-site automotive dealership with waiver of minimum number of
parking spaces.
Conditional Use Permit Resolution No.
9a. CEQA NEGATIVE DECLARATION
9b. VARIANCE N0.2005-04675
Owner: The Shops at Stadium Towers, Therese Hotvedt, 1100
Newport Center Drive, Suite 150, Newport Beach, CA
92660
Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa
Mesa, CA 92626
Location: 2410 - 2420 East Katella Avenue: Property is
approximately 2.4 acres, having a frontage of 600 feet on
the south side of Katella Avenue and is located 37 feet east
of the centerline of Howell Avenue (Stadium Towers Plaza).
Request waivers of (a) minimum number of parking spaces, (b) permitted
number of tenants on a monument sign, (c) maximum number of
monument signs, (d) maximum height of monument sign, (e) permitted
number of wall signs, (f) permitted location of wall signs, and (g)
maximum height of letters/logos on wall signs to waive minimum number
of parking spaces and permitted signs.
Variance Resolution No.
Project Planner:
(dherdck anaheim.net
Request for
continuance to
February 6, 2006
Project Planner:
(avazcuezt7a anaheim.net)
Adjourn To Monday, February 6, 2006, at 1:00 P.M. for
Preliminary Plan Review.
H:\docs\clerical\agendas\012306.doc (01123/06)
Page 7
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at;
4:00 p.m. January 19, 2006
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
,/~ COnUNCI/L~D4ISPLAY KIOSK
SIGNED: ~ AD IL/ ~ l ' l~~
If ycu challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
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Page 8
SCHEDULE
coos
February 6
February 22 (Wed)
Mauch 6
March 20
April 3
April 17
May 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
December 27 (Wed)
H:\dots\clerical\agendas\012306.doc (01123/06)
Page 9
I I CIVI
m
General Plan Conformity No. 2005-00047 ~`~~ ~~ Subject Property
Date: January 23, 2006
Scale: Graphic
Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. City-wide
A COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR PLANNING COMMISSION
DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE AMENDED
AND RESTATED REDEVELOPMENT PLAN.
City-wide z~si
[DRAFT]
RESOLUTION NO. PC2006--"'
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM FINDINGTHAT
THE PROPOSED AMENDMENT OF THE ANAHEIM
MERGED PROJECT AREA THROUGH AMENDMENTS TO THE CONSTITUENT EXISTING
REDEVELOPMENT PLANS FOR THE ALPHA, RIVER VALLEY, :PLAZA, COMMERCIAL/INDl1STRIAL
AND A PORTION OF THE WEST ANAHEIM REDEVELOPMENT PROJECTS CONFORMS TO THE
ANAHEIM GENERAL PLAN AND MAKING A RECOMMENDATION ON THE PROPOSED
AMENDMENTS
WHEREAS, on July 19, 1973, by Ordinance No. 3190, the City Council of the City of
Anaheim ("City Council") approved and adopted a redevelopment plan for the Alpha Redevelopment
Project ("Alpha Project") and subsequently amended the redevelopment plan eight times to modify land
uses, amend relocation policies, establish a tax increment limit; establish time limits in compliance with
Assembly Bi11 1290 ("AB 1290")„Senate Bill 1045 ("SB 1045"), and Senate Bill 1096 ("SB 1096"); and
merge with the existing redevelopment project areas in the City of Anaheim ("City"); and
WHEREAS, on November 29, 1983, by Ordinance No. 4463, the City Council adopted a
redevelopment plan for the River Valley Redevelopment Project ("River Valley Project') and'subsequently
amended the redevelopment plan six times to modify land uses, establish: time limits in compliance with
AB 1290 and SB 1096, and merge. with the existing redevelopment project areas in the City; and
WHEREAS, on June 12, 1990, by Ordinance No. 5136, the City Council adopted a
redevelopment plan for the. Plaza Redevelopment Project ("Plaza Project") and subsequently amended
the redevelopment plan three times to establish time limits in compliance with AB 1290 andSB 1045; and
merge with the existing redevelopment project areas in the City; and
WHEREAS, on December 7, 1993, by Ordinance No. 5412, the City Council adopted a
redevelopment plan for the. Brookhurst Commercial Corridor Redevelopment Project ("Brookhurst Area")
and subsequently amended the redevelopment plan three times to add territory to the project area.;.
including renaming the project area the West Anaheim Commercial Corridor Redevelopment Project
("West Anaheim Project"), and establish time limits in compliance with AB 1290 and SB 1045; and merge
with the existing redevelopment project areas in the City; and
WHEREAS, on'December 21, 1993, by Ordinance No. 5415, the City Council adopted a
redevelopment plan for the Commercialllndustrial Redevelopment Project ("Commercial/ Industrial..
Project") and subsequently amended the;redevelopmentylan three times to establish time limits in
compliance v/ith AB 1290 and SB 1045, and merge with the existing redevelopment project areas in the
City, and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council adopted a -
redevelopment plan for the Stadium Redevelopment Project ("Stadium Project") and subsequently
amended the redevelopment plan two times to establish time limits in compliance with SB 1096 and
merge with the existing redevelopment project areas in the City; and
WHEREAS, on May 24, 2004, by Ordinance Nos. 5913, 5914,.5915, 5916, 5917 and 5918,
the City Council adopted the amendments to the Redevelopment Plans to merge ("Merged Plans") the
Alpha Project, River Valley Project,: Plaza Project, West Anaheim Project., Commercialllndustrial Project
and the Stadium Project areas ("Merged Project Area"); and
..WHEREAS,. the "Affected Plans" for the Merged Project Area consist of the Redevelopment
Plans, as amended, prepared for the Alpha Project, River Valley Project; Plaza Project,.
Commercial/Industrial Project, and the Brookhurst Area of the West Anaheim Project; and
WHEREAS, the Anaheim Redevelopment Agency ("Agency") is vested with the
responsibility to carry out the Merged Plans, inclusive of the Affected Plans; and
C R\PC2006-0 -1- PC2006-
WHEREAS, the Agency desires to amerid the Affected Plans ("Amendments") as
consolidated in the Amended and Restated Redevelopment Plan for the Anaheim Merged
Redevelopment Project ("Amended and Restated Redevelopment Plan") in accordance with Section-
33333.10(a)(1)and (2) of the Community Redevelopment Law (Health and Safety Code Section 33000 et
seq.; "CRL") to extend the time limits on plan effectiveness and the repayment of indebtedness/receipt of
tax increment revenues by 10 years in order to eliminate existing blighting conditions and increase and
improve affordable housing opportunities; and
WHEREAS, ih accordance with CRL Section 33333.11((), no later than 120 days prior to
holding a joint public hearing on the proposed Amendments, the Agency shall send the proposed
Amendments to the Planning Commission of the City of Anaheim ("Planning Commission") for its report
and recommendation concerning the proposed Amendments and their conformity to the City's General
Plan and pursuant to such. review may recommend to the Agency for or against the apptdval of the
proposed Amendments; and
WHEREAS; the proposed Amendments propose ho changes toland use designations ofi
properties within the Merged Project Area, as designated herein, and land use designations contained in
the Amended and Restated Redevelopment Plan are the same as thoseland use'desighations contained
in the adopted land use map of the City's General Plan; and
WHEREAS, the proposed Amendments propose no changes to existing development
standards for properties located within the Merged Project Area; and development standards applicable
to the Merged Project Area, as enforced by the Amended and Restated Redevelopment Plan, are the
same as the development standards contained in the City's General Plan; and
WHEREAS; on December 20, 2005, the Agency, by Resolution No: ARA2005-06; accepted
the Amended and Restated Redevelopment Plan, inclusive of the proposed Amendments; and authorized
the transmittal of the Amended and Restated Redevelopment Plan in draft form to the Planning
Commission for their report and recommendations; and
WHEREAS, the Planning Commission members haveYedeived the Amended and Restated
Redevelopment Plan in draft form prepared for the proposed Amendments, `
NOW, THEREFORE;BE IT RESOLVED that the Anaheim Planning Commission does
hereby find and determine as follows:
1. The Planning Commission having reviewed the Amended and Restated Redevelopment Plan,
inclusive of the proposed Amendments in draft form, hereby finds and determines that the proposed
Amendments are consistent with the City's General Plan because they dd not make changes td
land uses permitted in the Merged Project Area, or other general controls and timitatibhs; and the
land use designations, circulation systems, public facilities, proposed projects and programs, and
development standards, and all other contents ofihe proposed Amendments are in conformity with
the City's General Plan.
2. The Planning Commission hereby recommends the approval bf the`proposedAmendments by the
Agency and the City Council.
3. The Planning Commission fiereby authorizes and directs the officers, employees, staff; consultants
and attorneys for the .Planning Commission to take any action that may be necessary td effectuate
the purposes of this resolution or which are appropriate or desirable in the circumstances: In the '
event that prior to the adoption of the proposed Amendments, the Agency or City Council desires to
make any minor, or technical or clarifying changes to the Amended and Restated Redevelopment
Plan as it relates to the proposed Amendments, the Planning Commission hereby finds and
determines that any such minor, technical or clarifying changes need not be referred to it for further
.report and recommendations:
-2- PC2006-
4. The Planning Commission hereby finds and determines that this resolution shall constitute the
report and recommendation of the Planning Commission to the Agency and the City Council
concerning the proposed Amendments.
5. The Planning Commission hereby authorizes and directs the Secretary of the Planning Commission
to transmit a copy of this resolution to the Agency and the City Council.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting'of
January 23, 2006. 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
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 23, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
Attachment - R8R 1-A
MEMORANDUM'
CITY OF ANAHE111~
Community Development Department
DATE`. January 19, 2006
TO: Planning Commission
FROM: Elisa Stipkovich, Executive Director
SIUBJECT: PLANNING COMMISSION FINDING THAT THE PROPOSED
REDEVELOPMENT PLAN AMENDMENT OF THE`ANAHEIM
MERGED PROJECT AREA THROUGH AMENDMENTS TO
THE CONSTITUENT EXISTING REDEVELOPMENT PLANS.
FOR THE ALPHA, RIVER VALLEY, PLAZA, COMMERCIAL
JINDUSTRIAL AND A PORTION OF THE WEST ANAHEIM
REDEVELOPMENT PROJECTS CONFORM TO THE
ANAHEIM GENERAL PLAN AND RECOMMENDING
APPROVAL
Background
The City of Anaheim has one redevelopment project area, the Anaheim Merged
Redevelopment Project Area. The Merged Project Area was previously
composed of six (6) separate redevelopment project areas adopted over the past
30 years. As authorized by SB 211, the Anaheim Redevelopment Agency now
desires to amend the redevelopment plans for the purpose of extending the time
limit of effectiveness and the time limit to repay debt/collect tax increment for an
additional 10 years for affected Redevelopment Plans included in the Anaheim
Merged Redevelopment Project Area. The proposed Amendments do not change
any of the financial limits of the Redevelopment Plans for the respective projects
that comprise the Merged Project Area. The proposed Amendments do not
grant additional eminent domain authority or add territory to the affected
Redevelopment Plans.
Extending the life of the affected Redevelopment Plans will assist in the
attainment of the goals and objectives set forth by the Anaheim Redevelopment
Agency, specifically the Affordable Housing Strategy, because 30 percent of the
tax increment generated in the Merged Project Area would be deposited in the
Agency's Housing Fund and subsequently used for increasing, improving and
preserving the supply of housing at affordable housing costs to persons and
families of moderate, low, very low or extremely low income.
F:~000SOEVSVC61MEM0516RM6116APWn Amentl Ping .OOC
The proposed Amendment proposes no changes to land use designations of
properties within the Merged. Project Area. The Amended and Restated
Redevelopment Plan land uses will track and be consistent with those identified
in the General Plan as it exists and as it may be amended from time to time.
California Community Redevelopment Law Section 33333.11(f) requires that
prior to a joint public hearing on the proposed amendments, the Agency submit
the proposed Amendments to the Planning Commission for its review, report,
and recommendation. In addition, the Planning Commission must find that the
proposed Amendments conform to the City of Anaheim's General Plan.
Subsequent to your review, the Planning Commission may recommend the
approval of the proposed Amendments by the Agencyand City Council
By adopting the' attached resolution, the Planning Commission finds and
determines that the proposed Amendments are consistent with the City's General
Plan and recommends approval of the proposed Amendments of the Anaheim
Merged Project Area
if you have any questions regarding this matter, please call me at (714) 765-
4332.
c. Brad L. Hobson
Sergio M. Ramirez....
Attachment
F9D00510EVSVCSfMEMO515RM6110APlan Amend Ping .DOG
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Conditional Use Permit No. 2005-05031 ~ Subject Property
Date: January 23, 2006
Scale: 1" = 200'
Requested ey: MARK GHASSEMI Q.S. No. 95
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR STORAGE AREA AND TO INSTALL
AN OVERHEAD CRANE TO LOAD TRUCKS WITH SLAB MATERIALS IN CONJUNCTION WITH AN
EXISTING WHOLESALE BUILDING MATERIAL (STONE) DISTRIBUTION BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES.
301 East Ball Road - Ollin International, Inc. zo3a
p .
' - .F
r;
Conditional Use Permit No, 2005-D5031
Requested By: MARK GHASSEMI
Subject Property
Date: January 23, 2006
Scale: 1" = 200'
O:S. No. 95
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR STORAGE AREA AND TO INSTALL
AN OVERHEAD CRANE TO LOAD TRUCKS WITH SLAB MATERIALS IN CONJUNCTION WITH AN
EXISTING WHOLESALE BUILDING MATERIAL (STONE) DISTRIBUTION BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES.
301 East Ball Road - Ollin International, Inc.
2034(2006-1-78)
Staff Report to the
Planning Commission
January 23, 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b; WAIVER OF CODE REQUIREMENT (Motion)
2c. CONDITIONAL USE PERMIT NO: 2005-05031 ' (Resolution)
SITE LOCATION AND DESCRIPTIONc
(1) This irregularly-shaped, 0.93-acre property has a frontage of 150 feet on the north side of
Bali Road; a maximum depth of 295 feet, and is located 333 feet east of the centerline of
Technology Drive (301 East BallRoad - Ollin International, Inc.)
REQUEST:
(2) The applicant requests approval of a conditional use permit under authority of Code
Section No; 18.10.030.010 to permit and retain an existing. outdoor storage area and to
install an overhead crane to load trucks with slab material in conjunction with an existing
wholesale building material (stoke) distribution business with waiver of the following:
SECTION NO: 18.42.040.010 Minimum number of parking spaces
(34 required; 21 proposed and
~ecommehded boy the City's Independant
Parking and Traffio Consultant),
BACKGROUND:
(3) This item was continued from the October 31, November 14, December 12, 2005, and
the January 9, 2006, Commission meetings to allow the applicant time to complete
Fevisions to the submitted parking study and plans.
(4) This property is developed with three concrete tilt-up buildings and is zoned I (Industrial).
The Anaheim General Plan designates this property and all surroundingproperties for
General Commeroialland uses:
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 1222 (to permit an automobile frame and body repair shop In
the M-1 zone) was'approved bythe Commission on Febniary 22, 1971: This business is
no longer inboeration and staff has Included a condition of approval reauiring that this
entitlement be terminated.
DEVELOPMENT PROPOSAL:
(6) The site plan (Exhibit No. 1) indicates the existing outdoor storage/parking area ("T"
sfiaped) is located on the central portion of the property. The overhead bridge crane would
be installed along the Year portioh of the parking area that runs parallel to BaliRoad (the
cross-bar of the "T' shape), The existingparking area would be re-striped. to accommodate
revised storage and circulation due to the new bridge brave: The revised outdoor storage:
area wouldbe located'at the rear of the property behind Buildings 1 antl 2. The site plan
further proposes a path of trave(forlarge delivery:vehicles entering on the adjaoent
property to east, on which the property owner has a lease for access; parking, storage and
' offices.
SR-CUP 05031 PC 012306:
Page 1
Staff Report to the
Planning Commission:
January 23, 200fi
Item No. 7
(7) Vehicularaccess to the site would be provided via one (1) driveway from Ball Road (two
other existing driveways to the east and west of the middle driveway would be removed).
Large vehicle access for delivery of materials would be from an existing 25-foot access
gate at the northeastportion of the property. Large delivery trucks would enter the adjacent
property via an existing 55-foot wide driveway and circulate through the'gate and untler the
bridge crane for unloading. A large truck vehicle template is reflected do the site :plan;
demonstrating adequate maneuverability fdr access to ahdwithih the site for material
delivery. The site plan also indicates a total of 21 parking spaces available'on site. Code
requires 34 spaces based on the followings
~ ' ~
~ ~ ~ ~ ~ x
~
~ ~> ~
~ F
' ~ ~ ~; t1se } y , ~ ~<Area"
(s
C~ ~ ~°„ nde Required
. parklrtg< "~
«.- ` '` t
.. ~ ~ ~" ~~ ~
....v <, ,. , f e 0.-i. ~~~'~r 1 r ~~ ~ ~r`),000 s:f
vt~ Re uiCed ?
Office 700: 1,55* 1.1
Warehouse 16;183 1.55 25
Outdoor Store a 8,185 0.4 ' 3
Showroom- 1,800- 2.5 4.5
8,185 Outdoor
Buitdin Total ' 18,683Jndoor 34
* First 10 percent of office area is parked at the Industrial ratio..
(8) The enlarged site plan/floor planand enlarged overhead crane plan (Exhibit Nos. 2 and 3)
indicate three existing buildingsLtilized for warehouse; office, and showroom purposes.
The plan also reflectsa proposed top riding double,girder bridge cranelocated at the
northerly portion of the'axisting parking area (cross-bar of the "T"). The crane would '
contain twb`aliding crane arms for material loading/unloading. The crane would cover.
about 10,653 square feet of area.' Access for sanitation, emergency, delivery, and
employee vehicles would be maintained untlemeath and around the bridge crane and the
proposed outdoor storage and staging areas: The existing wrought iron gate along the
front of thebuildings 1 and 2 would be relocated to the?ear of the buildings to screeh and
secure materials, and'separate stbrage and unloading from customer parking areas (only
employees would park underneath the crane): This gate would remain open during ;,
business hours, except during the uhloadlhg of delivery vehicles: The floor plan further
reflects primary entrances on Ball Road. for Buildings 1 and 2, with windows and secondary
entrances opening to the parking area. Large roll up doors open to the north adjacehfto '
the proposid outdoor storage areas.' Buflding 3 contains both large roll up doors and small
man-doors oh the south elevation facing the proposed outdoor storage areas and proposed
bridge crane locatioh:
(g) Elevation plans and the overhead crane plan (F~thibit No. 3) indicate a 24-foot high bridge:.
crane located behind the existing tilt up buildings. at the front of the. property (Buildings 1
and 2). Photographs indicate three, 1 B-20 foot high concrete tilt. up buildings, two of which
have primary entranceson Bali' Road, and windows'on south, west, and east elevations:
Building 3, at the rear of the site; is not easily visible from Ball Road. The columns of the
crane would be painted"Battle Gray" and the overhead arms would be painted yellow (for
"safety reasons as indicated by the applicant). The applicant has indicated that there would
be a canopy over the crane to protect the materials from weather and sunlight; hdwever, hb
information has been provided to staff regartling the height, color, or material of the canopy.
Based upon jhe visual appearance of the existing canopies' (as well as their visibility from
Ball Road), and the tendency for this type of strocture to be an on-going maintenance issue
(as demonstrated by the existing canopies depicted in the photograph below), staff has
included a condition of approval prohibiting the installation of the canopy on the bridge
crane:
. Page 2
Staff Report to the
Planning Commission
January 23, 2006
Item No. 2
ENVIRONMENTAL IMPACT ANALYSIS: -
(13) Staff has reviewed theproposai and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impactand, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission hat the declaration reflects the independent judgmentbf the lead agency; and
that it has considered the proposed 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 significanfeffect on the environment:
EVALUATION:
(14) Tfte construction of a bridge crane in conjunction with the establishment of an outdoor
storage yatd is permitted in the f zone subject to the approval of a conditional use permit.
(15) Code Sectioh 18.38.200 pertaining to outdoor storage includes the following stipulations:
° 010 Screening. The storage area shall be surrounded on all sides bye substantial solid
and opaque fence or wall at leastsix (6) feet in heightas set ferti(ih Section 18.46.110
(Screening, Fences, Walls and Hedges), unless otherwise specified in the underlyingzone
br unless a higher fence is required or approved by the City. All stored equipment or
material shall be located below the fence height. The wall or fence shall be kept in a clean,
neat and painted condition, free of graffdi. The design and the materials used for the fence
or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and
Yards) of Chapter 18.40 (General bevelopment Standards) unless provided otherwise in
this section. °
The outdoor storage'area and bridge crane would be screened by the existing 18-
20 foot high buildings at the front of the: property,] and a six foot high' wrought iron
fence/gate. Staff has included a condition of approval limiting the height of the
storage to the height of the fence and further requiring that screening mesh be
installed bn the gateand maintained in good condition. Staff has also included a
condition of approval in the attached draft resolution requiring the refurbishment
of the fencing and slats on the east and west boundarfes`of the storage areas. The
center portion of the bridge crane would be visible from between the buildings to
Ball Road and cannot bepracticallyscreened given its height and7ocation,
therefore, staff has included a condition of approval requiring it to be painted to
match the buildings, or anon-reflective color (light blue, gray, or off-white).
`.020 Location. Outdoor storage shall not be located irr any required setback area It shall
be confined to the rear of the main structure(s) or the rear two-thirds of the site, whichever
is the more restrictive excepts maybeparmitted undercdndifional use permit for Outdoor
Storage Yards. When it is located adjacent toYesidential zones, it shalfbe at least fifreen
(15) feet from the property line. °
The outdoor storage and bridge crane are not within any setback areas and are at
the rear portion of the property behind the existing buildings. There are no
residential zones abuttin® this site.
"030 Gates. `All galas for access to the property shall swing inwardly or slide sideways.
The gates shall be kept closed when nofin use except that the gate may be kept opera
during business hours if the interior or contents of the storageyard cannofbe seen from.
non-industrial areas or public streets:' The gates shall be subject to approval by the City
Traffic and Transportation Manager. °
Page 4
Staff Report to the
Planning Commission
January 23, 2006
Item No. 2
Access to the outdoor storage portion of the property would be through gates that
slide inward or slide sideways. The gates would be locked and secure except
during business hours and during loading/unloading of materials.'
040 Surface Conditions. The: storage area shall be properly graded and a layer of gravel
at least one-inch thick or a layer of concrete or approved asphalt material or similar
substance shall be placed aver the entire surface or as approved by Citystaff. i Additional
limitations may be imposed if vehicles such as trucks or forklifts are regularty used in this
` area.
The surface of the entire storage area consists of asphalt. A recommended
condition of approval included in the draft resolution requires continued.
maintenancebf the surface'ereas.
".050 Maintenance. The storage area shall be kept free and clear of weeds and debris of
all kinds, both inside and outside the fence or wall. 'Any graffiti shall be removed within
forty-eight hours of occurrence..
Staff has recommended the standard maintenance conditions pertaining to
outdoor storage n the attached resolution.
060 Height of Storage. All outdoor storage shall be below the height of the enclosing
fence or Wald"
`The applicant witf be responsible for ensuring that the height of the outdoor
storage: does notexeeed the height of the perimeter fencing as required by Code.
070 Vehicles. All vehicles shall be parked or stored in an orderly manner."
.The applicant has indicated that all vehicles would be parked within designated
spaces and no storage would be within these spaces.
"080 Liquids. All gasoline, oil or other liquids shallbe drained and removed from any
'unregistered vehicle located in the storage area."
No storage of vehicles is proposed.
".090 Salvage Yard: No storage shall take place in such a fashion that ifconstitutes a
`junkyard or salvageyard unless a junkyard or salvage yard has been approved as a use on
the parcel"
This request for outdoor storage is exclusively for the storage of stone slabs. No
other equipment or materials would be stored in outdoor areas and no Junkyard or
salvage operations would be conducted on the property..
Page 5
determined that there would be sufficient o:
Page 6
Staff Report to the
', Planning Commission
January 23, 2006:
Item No. 2
(18) Based do the City's Independent Parking and Traffic Consultant's approval, the parking study
', further demonstrates the follpwing findings to substantiate the requested waiver of minimum
number of parking spaces:
(aJ That the waiver, under fhe conditions imposed, if any; will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces
.necessary to accommddate all vehicles attributable td such use underthe normal
and reasonable foreseeable conditions df operation of such use.
"Based on the survey conducted at the site, peak demand for the site is 19
spaces.. The site would provide a total of 21 spaces on site, with additional
available parking (an additional 26 spaces) on the adjaeenf property to the
east: This combined parking supply contains a sufficient parking surplus
demonstrating that the parking supply would be sufficient to meet the needs
of the proposed project "
(b) That the waiver, under the conditions imposed, if any; will not increase the
demand and competition for parking spaces upon the public streets in fhe
immediate vicinity of the proposed use.
"Based on the survey conducted at the site, peak demand for the site is 19
spaces: The site would provide a total of 21 spaces on site, with additional
availablerparking (adadditionaf 26 spaces) on the adjacent property to the
east. There would be a 10% surplus (2 spaces) provided on site, with
additional'overflow parking on an adjacent property (as indicated'in the
owner's lease agreement). Thisbombined parking supply would not
increase the demand and competition#or parking spaces upon 4he public
streets in the immediate vicinity of the proposed use."
(c) That the waiver, under the condtions imposed, if any, `will not increase the:
demand for parking spaces upon adjacent privafe property ih the immediate
vicinityof fhe propdsed'use.
"The proposed on•slte parking will not create a demand or competition upon
adjacent privateproperty, as the total parking supply of 4T spaces (on and
off site) is more than double the number of parking spaces needed by this
project at peak demand (19 spaces):'
(d) That the waiver, under the cdnditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such .use.
"The proposed on-site parking will not increase traffic congestion, noise, air
pollution or traffic circulation conflicts within the off-street parking area
', provided As demonstrated on the attached site: plan, proposed storage and
vehicularaccesswnuld not conflict with off street parking areas."
(e) That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress to dr egress from adjacent properties upon the public streets in the
immediate vicinity of the' proposed use.
"The use of the adjacent property would facilitate access to the site for large
delivery vehicles. As indicated on the site plan and in the attached parking
study, this request would not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the.
proposed use."
Page 7
Staff Report to the
Planning Commission
January 23, 2006
Item No. 2
FINDINGS;
(19) Section 18.42.110 of the parking ordinance sets forth the following findings,.which are
required to be made before a parking waiver is app~ovedby the Planning Commission.
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to tie provided forsuch use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonably foreseeable conditions of operation of such use; and
(b) That the waiver, under the conditions imposed, if any, will not increase the
demand and competition far parking spaces upon the public streets in the.
immediate vicinity of the proposed use; and
(c) That the waiver, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use (which property is not expressly provided
as parking for such use under an agreement in compliance with Section
18.42.050.030 of this Code); and
(d) That the waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off-streetparking areas or lots provided for such use; and
(e) That the waiver, under the conditions imposed, if any,'will not impede vehicular
ingress to or egress from adjacentpropertiesnpon the public streets in the
immediate vicinity of the proposed use.
Unless conditions to the contrary are expressly imposed upon the grantingof any waiver
pursuant to this Section by the Planning Commission, the granting of any such waiver
shall,be deemed cantingentvpon operation of such use in conformance with the
assumptions relating to the operation and intensityof the use as contained in the parking
demand study that forthed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from anyof said assumptions as contained in the.
parking demand study shall be deemed a violation of the express conditions imposed
upon said waiver which shall subject said'waiver to termination. or modification pursuant to
the provisions of Chapter 18.60 of this Code.
(20) Before the Commission grantsany conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) That the use' is properly one for which a conditional use permit is authorized by
the Zoning Code, or is art unlisted: use as defined in Subsection .030 (Unlisted
Uses Permitted) of Section 18:66.040 (Approval Auttrority);
(b) That the use does nafadversely affect the adjoining land uses or the growth and.
development of the area in'which it is proposed to be located;
(c) That the size and shape of the site is adequate to allow the full development of
the use in a manner not detrimental to the particular area or to the health and
safety
(d) That the traffic generated by the use does not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
Page 8
Staff Report to the
Planning Commission
January 23, 2006
.Item No. 2
(e) That the granting of the conditional use permit under the conditions imposed, if
any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim...
RECOMMENDATION:
(21) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions
{a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve the waiver pertaining to minimum number of parking spaces
based on the findings outlined in the parking study approved by the City's Traffic
Consultant.
(c) By resolution, approve Conditional Use Permit No. 2005-05031 to permit and
retain an existing outdoor storage area and to install an overhead crane to load
trucks with slab material in conjunction with an existing wholesale building
material (stone) distribution business by adopting the attached resolution:
including the findings and conditions contained therein.
Page 9
[~ ~~'l
RESOLUTION NO. PC2006-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
_ THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05031 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 California,
described as;
THAT PORTION OF LOT 25 OF THE ANAHEIM EXTENSION, AS PER MAP OF SURVEY '
MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER'
OF LOS ANGELES COUNTY, CALIFORNdA, A COPY OF WHICH IS SHOWN IN BOOK 3,
PAGE 163 AND FOLLOWING ENTITLED "LOS ANGELES COUNTY MAPS"; RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID LOT 25 WITH THE WEST LINE OF THE
SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY; THENCE SOUTH 89° 53'
45"WEST 297.00 FEET ALONG SAID SOUTH LINE OF LOT 25 TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 0° 06' 15" WEST 348.66 FEET; THENCE SOUTH 74° 30'
00"WEST 155.58 FEET; THENCE SOUTH 0° 06' 15" EAST 307.35 FEET TO THE SOUTH
LINE OF LOT 25; THENCE NORTH 89° 53' 45" EAST 150.00 FEET TO THE TRUE POINT
OF BEGINNING EXCEPT THE SOUTHERLY 50.00 FEET THEREOF LYING WITHIN BALL
ROAD.
WHEREAS, the Planning Commission did hold a public fiearing at the Civid Center in the
City of Anaheim on January 23, 2006, at 2:30 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 conditidnal use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued
from the October 31, November 14, December 12, 2005, and January 9, 2006, Planning Commission
meetings; and
WHEREAS, said Commissidn, after due inspection, investigation ahd 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:
4: That the proposed use is properly one for which a conditlohal use permit is authorized by
Anaheim Municipal Code Section 18.10.030:040 to permit and retain ah existing outdoor storage area and to
install an overhead crane to load trucks with slab material in conjunction with an existing wholesale building
material (stone) distribution business with waiver of following:
SECTION NO. 18.42.040.010 Minimum number of Dorking spaces
34 required; 21 proposed and recommended by the
City recommended by the City's Independent Parking
and Traffic Consultant)
2. That the waiver, under the conditions imposed, will ndt cause fewer off-streef parking spaces
to be provided for such use than the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonable foreseeable conditidns of operation of such use;
because based on the survey conducted at the site, peak demand for the site Is 19 spaces; The site would'
provide a total of 21 spaces, with additional available parking (an additional 26 spaces) on the adjacehf "
property to the east: This combined parking supply contains a sufficient parking surplus demonstrating that
the parking supply would be sufficient to meet the needs of the proposed project.
Cr\PC2006-0 -1- PC2006-
3. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Based
on the survey conducted at the site, peak demand for the site is 19 spaces and the site would provide a total
of 21 spaces, with additional available parking (an additional 26 spaces) on the adjacent property to the east.
There would be a 10% surplus (2 spaces) provided on site, with additional overflow parking on an adjacent
property (as indicated in the owner's lease agreement). This combined parking supply would not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of theproposed
use.
4. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The proposed
on-site parking will not create a demand or competition upon adjacent private property, as the total parking
supply of 47 spaces (on and off site) is more than double the number of parking spaces needed by this
project at peak demand (19 spaces),
5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion
within the off-street parking areas or lots provided for such use. The proposed on-site parking will. not
increase traffic congestion, noise, air pollution or traffic circulation conflicts within the off-street parking area
provided. As demonstrated on the attached site plan,. proposed storage and vehicular access would not
conflict with off street parking areas.
6. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; The
use of the adjacent property would facilitate access to the site for large delivery vehicles. As indicated on the
site plan and in the attached parking study, this request would not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the use does not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the surroundingJand uses are developed
with similar Industrial land uses;
8. That the size and shape of the site in conjunction with secured agreements for access,
parking, storage, and office area on the adjacent property, is adequate to allow the full development of the
use in a manner not detrimental to the particular area or to the health and safety as indicated on the attached.
site plan and as conditioned as theproposed storage areas would comply with all the provisions of the Code;
9. That the traffic generated by the use does not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area; and ,
10. That the granting of the condltionel use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That "` indicated theiPpresence et said public hearing in opposition; ahd that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit and retain an existing outdoor storage area and to install
an overhead crane to load trucks with slab materials in conjunction with an existing wholesale building_
material (stone) distribution business with waiver of minimum number of parking spaces; 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..
-2- PC2006-
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
safety and general welfare of the Citizens of the City of Anaheim:
1. That the property owner shall submit a request to terminate Conditional Use Permit No. 1.222 "(to
permit an automobile frame and body repair shop in the M-1 zone) to the Planning Department,
Planning Services Division, as this business is no longer in operation.
2. That the height of the material stored on-site shall not exceed the screening fence. Said information
shall be specifically shown on plans submitted to the Planning Department, Planning Services
Division for review and approval.
3. That the easterly and westerly driveways shall be removed and replaced with curb, gutter, and
sidewalk. Said infgrrnation shall be specifically shown on plans submitted for building permits.
4. That all fences and gates on-site shall'be refurbished, including the installation of screening mesh on
the relocated wrought iron gate, and the installation PVC or vinyl slats on the fence at the east and
west boundaries of the storage areas. Said information shall be specifically shown on plans
submitted to the. Planning Services Division for review and approval
5. That the bridge crane shall be painted to match the buildings or painted anon-reflective color (light
tilue, gray, or off-white) to minimize its appearance from Bail Road. Said information shall be
specifically shown on plans submitted for building permits.
6. That the gateson-site shalt be open and unlocked during business hours, except during the
loading/unloading of product delivery vehicles:
7. That this permit shall only be in effect provided the owner can demonstrate the right to access the
site from the adjacent property to the east, either in the form of a lease agreement or access
easement recorded on both properties:. If the mechanism for access changes (from lease td
easement) the property owner shall submlt a copy of the recorded agreemenUeasement for review
and approval by the Planning Department, Planning Services Division and City Attorney's Office.
t3: That landscape plans shall be submitted to the Planning Services Division for reviewand approval.
The landscape plans shall reflect the following:
The installatlon of two, five-foot wide planters along the entire lengths of Buildings 1 and 2.
• The installation of eight, 24-inch box sized, evergreen trees and associated
groundcover/shrubbery in the landscape setback on Ball Road.
- , The installationbf permaneht and automatic imgation as required by Cdde.
9. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping and fence maintenance, asphalfrepalr, remdval of trash and detiris; and
removal of graffiti wthin twenty four (24) hours from time'of occurrence:
10. That no barbed wire or razor wlre shall be visible in any direction to any non-industrially zoned
property or the public right-of-way.
11. That the bridgebrane shall not contain advertising visible off-site.
1S: That no required parking area shall be fenced or otherwise enclosed forbutddor storage use.
13. That any loading and unloading of equipment shall occur on-site only, and shall not take place in any
required parking area or within the publicYight-of-way:
-3- PC2006-
14. That 4-foot high address numbers shall be displayed on the roof of Building 3 in a contrasting color
to the roof material. The numbers shall not be visible from the view of the streetor adjacent
properties. Said information shall be specifically shown on plans submitted for Police Departmenf
approval.:
15. That the granting of the parking waiver Is contingent upon operation of the use in conformance with the
assumptions andlor conclusions relating to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions and/or conclusions; as contained in the parking
demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which
shall subject this variance to termination or modification pursuant to the provisions of Section 18.60.190
of the Anaheim Municipal Code.
16. That no washing of vehicles or equipment shall occur on the property....
17. That cleaFunobstructed access to all parts of the property shall be provided at all times es
determined by the Anaheim Fire Department. Said information shall be specifically shown on plans
submitted for building permits..
18. That the outdoor storage shall be limited to stone slabs as indicated in the submitted letter of
operation. No other outdoor storage shall be permitted.
19. That the existing canopies shall be removed,
20. That the proposed canopy reflected on submitted plans shall be removed,' and at no such time shall
a canopy or any proposed shade structure be allowed to be attached to the bridge crane for the
purposes of covering or enclosing the outdoor storage areas. Such information shall be specifically
shown on plans submitted for building permits...
21. That subJect property shall be developed substantially in accordance withplansand specifications
.....submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein:
22. That prior to issuance of a building permit, prior to the commencement of the activity authorized by
this resolution or within one (1) year from the date of this resolution whichever occurs first, Condition
Nos. 1, 2, 3, 4, 5, 8, 14, 17 and 20, above-mentioned, shall be completed. Extensions for further time
to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
23. That prior to final building and zoning inspections, Condition Nos. 19 and 21, above-mentioned, shall
be complied with.
24. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zon(ng 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 qr requirement.
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 15 days of the issuance of the final invoice or
-4- PC2006-
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
January 23, 2006. 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 23, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2006-
Attachment -Item Plo. 2
January 9, 2006
Mr. Mark Ghassemi
OLLIN INTERNATIONAL, INC.
301 E. BaII Road
Anaheim, CA 92805
Dear Mr. Ghassemi:
INTRODUCTION
The firm of Kunzman Associates is pleased to submit this parking analysis forthe Oilin
International Outdoor Storage and Overhead Crane protect in the City of Anaheim. The
protect site is located at 301' E. Ball Road (see Figure 1),
Kunzman Associates has been asked to cohducY a parking`analysis for the existing
portion of the project to determine if adequate parking spaces will be provided for the
expanded project site. The project site currently provided a total of 9 on-site parking
spaces. However, employees are currently parking off-site (i.e. at the adjacent market
and across Bali Road). Figure 2 illustrates the expanded project sfte plan.
This report summarizes our methodology, analysis and findings. We trust that the
findings, which are summarized in the front of the report, will be of immediate as well as
continuing value to you and the .City of Anaheim in evaluating the proposed
development.
Although'this is a techhical :report, every effort has been made to write the reporrclearly
and cohcisely.' To assist the reader with those terms unique to transportation
ehgineering, a glossary of terms is provided within Appehdix A.
PROJECT DESCRIPTION
Oliin International, inc. Is a haturai stone importer and wholesaler of natural stones
(marble, granite, travertine, etc.)
The' project is Iccated at 301 E. Bali Road in Anaheim, Cal'rfornia and the hours of
operation are Monday-Friday from 8:30 AM to 5:00 PM and Saturdays from 9:D0 AM to
2:00 PM,
At this iocatfon, wholesale is sold to other natural stone suppliers, contractors,
designers, etc. Wholesalers either bring their customers directly or send them to the
project location, so that they can select and tag their material
1
The project site has three buildings (one is where the showroom, offices and a the
warehouse are located). The second building is used strictly as a slab warehouse and
the third one has two offices, the lunch room and the rest of the building is used for
warehousing of tiles.
At this location, the approximately 17 employees includ 2 managers, 5 field
salespersons, 3 office staff, and 7 warehouse employees. The office staff and
warehouse employees are on site during the hours of operation. The managers are in
and out of the office and the Country making large deals, and the sales staff operates
mostly in the field.
Currently, the product arrives at the warehouse in containers, delivered by large trucks.
The trucks arrive at the site between the hours of 2 to 3 PM, leave the containers
behind, take away an empty container (if there's one). It takes approximately 1-3 hours
for our warehouse employees to empty the container, which is done using forklifts
(outfitted with "forks" or a "boom" depending on the material) behind the relocated gate.
The slabs, which are large pieces of stone measuring approximately 50 square. feet
each, and packed in bundles of 8-10 slabs, are stored in one of the warehouses and In
the slab. yard. The project stores the tiles (which came.. packed. in crates) in the
warehouses, sorted depending on type of material.. The only material proposed to store
outdoors is stone slabs.
Ollin only sells fuq slabs (meaning,. material is not cut to sell partial slabs). and tiles. The
material is almost always loaded by forklift into the customer's truck (that has to be
outfitted with an A-frame in the case of slabs)... Tiles are .loaded depending on the
square footage, either by forklift (if it's a full crate) or by hand., if it's a small quantity.
The new crane will be used to load and unload slabs and pallets of the to and from the
trucks and containers, in a safer more efficient manner. First, the crane will allow slab
material stored in the yard to be stored more densely. Currently„ there needs to be an
aisle wide enough. for a forkl'rft to travel between each row of slabs. The crane will allow
material to be picked from the m(ddle with aisles only wide enough for human travel.
Not only will this more intense storage of material allow the removal of excess materials
from being stored currently between the front two buildings, and open up the proper
customer parking required, but ft will also allow. for a safer environment where human
and forklift traffic are not sharing the same path. Second, the time it will take to unload
a container will be reduced from 1 to 3 hours dawn to 30 minutes to 1 ~/Z hours, so a
driver can wait and a container will never have to be left behind. All materials stored
indoors wlll now be brought by forklift to and from the crane for loading and unloading.
The crane is not intended to squeeze moreproduct onto a site that is currehtly "bursting
at the seams", but to help a very busy, thriving company pertorm in a safer, more
efficlent manner.
The gate will be relocated to the rear of the front two buildings (see Figure 3) and the
warehouse and office employees, whose car will not move all day, wlll be designated
parking spaces behind the gate in the yard. The front 11 parking spaces will be
reserved for customer vehicles, therefore keeping .them separated from the loadng_
operations. The gate is open during the day...
As shown on Figure 3, the Center driveway will remain, and the east and west driveways
will be removed.
FINDINGS
1. The project site is located at 301 E. Ball Road in the City of Anaheim:
2. The project is an existing natural stone importer and wholesaler, which will be
expanded to have an additional 6,165 square feet of outdoor storage and an
overhead crane_
3.. The project site currently provides a total of 39 on-site striped parking spaces.
However, stone material occupies some of the parking spaces today, and some
employees are currently parking off-site,
4. Based upon the City of Anaheim Parking Code requirements, .the 8,185 square
feet of outdoor storage and overhead crane use at .4 spaces per 1,000 square
feet of floor area.. requires 3 parking spaces (8,185 x (.4/1,000)). ,
5. Based upon the City of Anaheim Parking Code requirements, the 16,183 square
feet of warehouse ;use, at 1.55. spaces per 1,000 square feet of floor area
requires 25 parking spaces (16,183 x (1.55/1,000))..
6. Based upon the City of Anaheim Parking Code requirements, the 1,800 square
feet of showroom use at 2.5 spaces per 1,000 square feet of floor area requires
5 parking spaces (1,800 x (2.5/1,000)).
7, Based upon the City of Anaheim Parking Code requirements, the 700 square feet
of office use at 1.55 spaces per 1,000 square feet of floor area requires 1 parking
spaces (700 x (1.55/1,000)). ,
8. The cumulative parking requirement for the project is 34 parking spaces.
9. Based upon the parking counts and accouhtjng for off-site employees parking,
the maximum number of occupied parking spaces including employees, is 17
.parked vehicles on a Friday from 1:45 PM to 2:00 PM (see Table 1). ,
10. Based upon the parking counts anti accounting for off-site employees parking,
the..maximum number of occupied parking spaces Including employees, is 19
parked vehicles on a Saturday from 12:15 PM to 12:30 PM (see Table 2).
11. The project is proposed to provide a total of 21 parking spaces..
12. With 21 parking spaces, the parking supply meets the parking demand by 10
percent (see Table 3). The 21 parking spaces will allow for all employee parking
3
on-site and provide sufficient additional parking for customers, vendors,_and
other persons who would go there but not be employed there. A 10 percent
overage is recommended to assure there is adequate parking.
13. An additional 26 parking spaces and truck access is provided by the adjacent
property to the east along Ball Road (see Appendix C).
14. It is Kunzman Associates recommendation that the City find the parking supply is
adequate..
PARKING CODE
The City of Anaheim Parking Code requirements are included within Appendix B.
The project is an existing natural stone importer and wholesaler that will be expanded to
have a 8,185 square foot of outdoor storage and overhead crane. The site currently has
5,000 square feet of warehouse in building 1. In building 2 the site has 1,800 square
feet of showroom, 2,500 square feet of warehouse, and 700 square feet of office. In
building 3 the site has 8,683 square feet of warehouse.
Based upon the City of Anaheim Parking Code requirements, a total` of ,y parking
spaces for each 1,000 square feet of floor area are required for the outdoor storage and
overhead crane use. Based upon the City of Anaheim Parking Cade requirements, the
8,185 square-feet of outdoor storage and overhead crane use at .4 spaces per 1,000
square feet of floor area requires 3 parking spaces (8,185' x (.4/1,000)):
eased upon the City of Anaheim Parking Code requirements, atotal of 1.55 parking
'spaces for each 1,000 square feet of floor area are required for the warehouse use.
Based upon the City of Anaheim Parking Code`requirements, the 16,183 square feet of
warehouse use at 1.55 spaces per 1,000 square feet of floor area requires 25 parking
spaces (16,183 x (1.55/1,000)).
Based upon the City of Anaheim Parking Code requirements, a total of 2.5 parking
spaces for each 1,000 square feet of floor area are required for the showroom use.
Based upon the Citybf Ahahelm Parking Code requirements, the 1,800 square feet of
showroom use at 2.5 spaces per 1,000 square feet of floor area requires 5 parking
spaces (1,800 x (2.5/1,000)).
Based upon the City of Anaheim Parking Code requirements, a total of LSSparking
spaces for each 1,000 square feet of floor area are required for the office use. Based
upon the City of Anaheim Parking Code requirements, the 700 square feet of office use
atj,55spaces per 1,000 square feet of floor area requires 1 parking spaces (700 x
(1.55/1,000)).
The cumulative parking requirement for the project is 34 parking spaces.
a
PARKING SURVEY
To quantify the existing parking demand for the project site, a parking survey was
conducted on a Friday and a Saturday. The peak periods far parking at the project site
was determined to be 8:30 AM to 5:00 PM on a Friday and 9:00 AM to 2:00 PM on a
Saturday. The existing parking demand was determined by surveying the existing
facility at 15-minute intervals on Friday (June 24, 2005), and Saturday (June 25, 2005).
In addition, the employees parking off-sfte was accounted for in the parking surveys by
adjusting the counts for a total of 10 employee parked vehicles.
The existing parking surveys are shown in Tables 1 and 2. The maximum number of
occupied parking spaces is 17 parked vehicles on a Friday from 1:45 PM to 2:00 PM
{see Table 1) and 19 parked vehicles on a Saturday from 12:15 PM to 12:30 PM (see
.Table 2).
VARIANCE FROM PROVISIONS OF ANAHEIflA flAUNICIPAL CODE:
The Clty of Anaheim variance shall be granted. upon a finding by the Zoning
Administrator, Hearing Office, Planhfng Commission or City Council that the evidence
presented shows that all of the following conditions exist.
"The variance, under the conditions imposed if any, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all. vehicles a4tributable to such use under the
normal and reasonably foreseeable conditions of operation of such use."
As shown in Tables 3 and 4, the maximum parking demands on an average day
is less than that of the proposed amount of on-site parking stalls..
"The variance,. undee the conditions imposed if any, will not Increase the demand
and competition for parking spaces upon the public streets In the Immediate
vicinity of the proposed use."
The proposed on-site parking is adequate to accommodate the expected parking
demand:.:
"The variance, under the conditions imposed if any, will not Increase the demand
and competition for perking spaces upon adJacent private property in the
immediate vicinity of the proposed use (which property is not expressly provided
as parking for such use under an agreement in compliance with subsection
18.42.050.030 (Non-Residential Uses-Exception):'
The project site will provide adequate on•site parking spaces for all of its uses.
"The variance, under the conditions imposed if any, will not inceease traffic
congestion within the oft-street parking areas or lots provided for the proposed
use."
5
1t is not anticipated that the project site will increase traffic congestion within-.the
off-street parking area.
"The variance, under the conditions imposed if any, will hot impede vehicular
ingress to or egress from adjacent properties upon the public street In the
immediate vicinity of the proposed use."
Ball Road is currently six lanes divided and is restricted from on-street parking
adjacent to the project site. The project access to Bail Rcad has one full access
driveway.
CONCLUSIONS
Sufficient future on-site parking is provided by the project based upon the parking
survey analysis. Based upon the parking counts, the maximum number of occupied
parking spaces is 17 parked vehicles on a Friday 1:45 PM to 2:00 PM (see Table 1) and
19 parked vehicles on a Saturday from 12:15 PM to 12:30 PM (see Table 2). The
project is proposed to provide a total of 21 parking spaces.
It is Kunzman Associates recommendation thaT the Cfty find the parking supply is
adequate.
It has been a pleasure to serve your needs on this project: Should you have any
questions, or if we can be of further assistance, please do not hesftate to call.
Sincerely,
KUNZMAN ASSOCIATES
A/ /~I A/ ~Q~pfESS/p~, ,t~
q ~ 2
~ ; No. TR0056
Carl Ballard ~ raA ~
Senior Associate sr~ G
#3327
/'K~,U~/NZMAeN ASSOCIATES
/W~ -)~AM
William Kunzman, P.E.
Prihcipal
Professional Registration
Expiration Date 3-31-2006
s
Tamle 9
Friday (Jtane 24, 2005) Par6dng Cotants
Time Period Number of
Parked Vehicles
8:30 AM to 8:45 AM W 11
8:45 AM to 9:00 AM 12
9:OOAMto9:15AM 13
9:15 AM to 9:30 AM 73
9:30 AM to 9:45 AM 10
9:45 AM to 10:00 AM 11
10:00 AM to 10:15 AM 13
10:15 AM to 10:30 AM 14
10:30 AM to 10:45 AM 14
10:45 AM to 11:00 AM 12
11:00 AM to 11:15 AM 9
11:15 AM to 17 i30 AM 10
11:30 AM to 11:45 AM 13
11:45 AM to 12:00 NOON 14
12:OOPMto12:15PM 15
12:15 PM to 12:30 PM 13
12:30 PM to:12:45 PM 15
12:45 PM to 1:00 PM 15
1:ODPMto1:15PM 15
1:15 PM to 1:30 PM 15
1:30 PM to 1;45 PM 15
1:45 PMt02:ODPM 17 "
2:00 PM to 2:15 PM t6
2:15 PM to 2:30 PM 13
230 PM to 2:45 PM 11
2:45 PM to 3:00 PM 11
3:OOPMto3:15PM 13
3:15 PM to 3:30 PM 14
3:30 PM to 3:45 PM 12
3:45 PM to 4:OD PM 13
4:OOPMto4:15PM 14
4:15 PM to 4:30 PM 12
4:30 PM to 4:45 PM 13
4:45 PM to5:DOPM 15
• = Madmum number of occupied parking spaces.
Table 2
Saturday (June 25,2006) Parking C®unts
.
Time Period Number of
Parked Vehicles
...
9:00 AM to g:15 AM g
9:15 AM to 9:30 AM 11
9;30 AM to 9:45 AM 13
9:45 AM to 10:00 AM 18
10:00 AM to 10:15 AM 18
70:15 AM to 10:30 AM 18
10:30 AM to 10:45 AM 1 a
10:45 AM to 11:00 AM 15
11:00 AM to 11:15 AM 17
11:15 AM to 11:30 AM 15
11:30 AM to 11:45 AM 16
11:45 AM to 12:00 NOON i6
12:00 PM to 12:15 PM 16
12:15 PM to 12:30 PM 19
12:30 PMta12:45PM 14'
12:45 PM to 1:00 PM 15'
1:OOPMto1:15PM 15
1a5 PM to 1;30 PM 16
1::30 PM to 1:45 PM 15
1:45 PM to 2:00 PM 15
. M~mnum num6sr of occupied perWng spaces:
8
Table 3 __
Maximum Eupected Peak Parking Demand
Required
1
1095 Overege Factor 2
Total Maximum Parkin Demand 2'I
' s~ Appendix e.
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ITEM NO. 3
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ALL PRO VACANT
PERTIES ARE IN THE ANAHIEM RESORT
Tentative Tract Map No. 76958 -- Subject Property
Date: January 23, 2006
Scale: Graphic
Requested By: ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
REQUEST TO ESTABLISH A 1-LOT, AIRSPACE HOTEL SUBDIVISION FOR INVESTMENT PURPOSES.
777 Convention Way 2oao
Staff Report to the
Planning Commission
January 23, 2006
Item No. 3
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15 (Motion for continuance)
3b. TENTATIVE TRACT MAP NO. 16958
SITE LOCATION AND DESCRIPTION:
(1) This approximate 8.5 acre property is located at the northwest corner of Hotel Way and
Convention Way with frontages of 606 feet on the north side of Convention Way and 680
feet on the west side of Hotel Way (777 Convention Way -Anaheim Hilton).
REQUEST:
(2) The applicant requests to establish a 1-lot, airspace hotel subdivision far investment
purposes:
BACKGROUND:..
(3) This item was continued from the December 12, 2005; and January 9, 2006;
Commission meetings for the applicant to provide staff with further information
regarding the proposed tentative map;
(4) This property is currently developed with a 15 story, 1,572-room, Anaheim Hiltdn hotel and
is zoned SP92-2 (Anaheim Resort Specific Plan). The Anaheim General Plan designates
the property for Commercial Recreation land uses.
(5) ' The applicant, Anaheim Hotel Partnership LCP; requests a continuance to the February 6,
2006, Commission meeting to provide staff with further information regarding the proposed
tentative map.
RECOMMENDATION:
(6) That the Planning Commission, by motion, continue this request to the February 6, 2006,
Planning Commission meeting.:
SR-SUBTiM1fi956 012306 coot
Page 1
Attachment -Item Pdo. 3
~l N ~~ ~~~~~ ~~JL~~l V ~JC4~~~
777 West Convention Way, Sui[e 100, Anaheim, California 92602 Phone: 7141740-4700 Fax: 714/740-4711
January 12, 2006
Susan Kim
Associate Planner
CITY OF ANAFIEIM
Planning Department
200 South Anaheim Blvd
Anaheim, California 92805
RE: REQUEST FOR CONTINUANCE -TENTATIVE TRACT MAP 16958
Deazl~a: Su$p~.
I am writing this letter on behalf of Anaheim Hote] Partnership, dba: Hilton Anaheim
and Anvesco, the applicants, to request a continuance on the matter of the hearing for the
above captioned Tentative Tract Map 16958, presently scheduled to be heazd at the
Planning Commission Meeting scheduled for January 23, 2006. In order to allow
additional time for clarification of the mechanism of .approval, pursuant to conversations
with members of City Staff and Planning Staff, it is respectfully requested that the
heating of this matter be continued from 7anuary 23, 2006 to the Planning Commission
Meeting scheduled for February 6, 2006.
Your assistance in this matter is greatly appreciated. You may reach me at 714/740-4714
should you have any questions or require additional assistance.
Sincerely,
ANAHEIM HOTEL PARTNERSHIP, DBA:
HII,TON ANAHEIM
_y~~~
RIC R. POP ,Vice President
Administration & Special Projects
cc: Stan Castleton
John Erskine, Esq.
Kelly C. Carlyle
ITEM NO. 4
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Variance No. 2005-04655
Tentative Parcel Map No. 2005-157
^) Subject Property
Date: January 23, 2006
Scale: 1" = 200'
Requested By: GARY CALKINS TRUST Q.S. No. 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
{B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCTASINGLE-FAMILY RESIDENCE.
TO ESTABLISH A2-LOT, 2-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
6263 East Trail Drive 211a
StafF Report to the
Planning Commission
January 23, 2006
Item No. 4
4a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance):
4b. VARIANCE NO. 2005-04655
4c. TENTATIVE PARCEL MAP NO. 2005-157
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 3.2-acre property has a frontage of 47 feet at the terminus of Trail
Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of
Whitestone Drive (6263 East Trail Drive).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005-04655 =Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
a single-family residence:
Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit detached single-family
residential subdivision..
BACKGROUND:
(3) This property is developed with asingle-family residence and is zoned RH-2 {SC) {Single-
Family, Hillside Residential; Scenic Corridor Overlay). The property is designated for Estate
Density Residential land uses in the Anaheim General Plan. The General Plan designates
properties abutting the. site to the north, east and south for Estate Density Residential land
uses and the properties to the west for Low Density Residential land uses.
(4) This item was continued from the January 9, 2006, Commission meeting in order td comply.
with the review period requirements for the Mitigated Negative Declaration associated with
this request: The applicant, Steve Ellis, has submitted the attached a-mail dated
January 13, 2006, requesting a further continuance to the February 6, 2006, meeting in
order to revise plans associated with site grading and retaining walls.
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the February 6, 2006, Planning
Commission meeting.
SR-VAR2005-04655(con't 1-23-06)akv
Page 1
~/H VCAS ESNarianceNAR2005-04655/RE%20Trai I%20Drive.htm
n: Steve Ellis [steve@fuscoe.com]
Friday, January 13, 2006 10:46 AM
Amy Vazquez
ject: RE: Trail Drive
Attachment -Item No. 4
ik you for meeting with us yesterday to discuss some the city's concerns. We will revisit our plans
address your concerns to the greatest extent possible. With that in mind, I'd like to request a
inuance of the January 23rd meeting to the first Planning Commission meeting in February. I trust
is acceptable to you and your staff.
u could follow up with me as to the time and date of that meeting in February, I'd appreciate it.
iks for all your help on this project.
'e
:///H~/CASESNarianceNAR20D5-04655/RE%20Trail%20Dme.html/13/2006 2:47:41 AM
ITEM NO. 5
s~i
~~
~fl~
PEA
Reclassification No. 2005-00169 ,~ ~ Subject Property
Date: January 23, 2006
Requested By: KENNETH THOMPSON, CP/HERS ANAHEIM LP, Scale: Graphic
RAYMOND SIEGELE, CHARLES ATWOOD Q.S. No. 84, 94
VOIT ANAHEIM BUSINESS,
ANAHEIM REDEVELOPMENT AGENCY
RCL2005-00169 -REQUEST TO RECLASSIFY PORTION A FROM THE I (INDUSTRIAL) ZONE TO THE
RM-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, AND PORTION B FROM THE I (INDUSTRIAL) ZONE
TO THE RM~ (MULTIPLE FAMILY RESIDENTIAL) ZONE OR A LESS INTENSE ZONE.
D
Portion A: 516 East Santa Ana Street and 500-610 South Olive Street - Kwikset and APW sites
Portion B: 525-727 East South Street and 500-558 South Atchison Street ztsa
VP ] 95 ~ C G c
p
Reclassification No. 2005-00169 Subject Property
Date:. January 23, 2006
Requested By: KENNETH THOMPSON, CP/HERS ANAHEIM LP, Scale: Graphic
RAYMOND SIEGELE, CHARLES ATWOOD Q.S. No. 84, 94
VOIT ANAHEIM $USINESS,
ANAHEIM REDEVELOPMENT AGENCY
RCL2005-00169 -REQUEST TO RECLASSIFY PORTION A FROM THE I (INDUSTRIAL) ZONE TO THE
RM-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, AND PORTION B FROM THE I (INDUSTRIAL) ZONE
TO THE RM-4 (MULTIPLE FAMILY RESIDENTIAL) ZONE OR A LESS INTENSE ZONE.
Portion A: 516 East Santa Ana Street and 500-610 South Olive Street - Kwikset and APW sites
Portion B: 525-727 East South Street and 500-558 South Atchison Street zt3a
Staff Report to the
Planning Commission
January 23, 2006
Item No. 5
Sa. CEQA NEGATIVE DECLARATION (Motion).
Sb. RECLASSIFICATION NO.2005-00169' (Resolution)'
' Advertised with Tracking No. RCL2005-00173
SITE LOCATION AND DESCRIPTION:
(1) Portion A: This 24.2-acre area is located at the southeast corner of Santa Ana Street and
Olive Street with frontages of 660 feet on the south side of Santa Ana Street and 1,600 feet
on the east side of Olive Street (516 East Santa Ana Street and 500 - 610 South Olive
Street - Kwikset and APW sites).,
Portion B: This 16.7-acre area has frontages of 455 feet on the north side of South Street.
and the south side of Santa Ana Street, and a maximum depth of 1;600 feet (525 - 727
East South Street and 500 - 558 South Atchison Street).
REQUEST:
(2) This is aCity-initiated (Community Development Department) request for approval of a
reclassification of these properties as follows:
(a) Portion A - from I (Industrial) to RM3 (Multiple-Family Residential) zonebr less
intense zone:
(b) Portion B - from I (Industrial) to RM-4 (Multiple-Family Residential) zone or less
intense zone.
BACKGROUND:
(3) These properties are currently developed with various industrial uses, are currently zoned I
(Ihdustrial), and are designated for Low-Medium Density and Medium Density Residential
lahd usesby the Anaheim General Plan: These properties are further designated as
Housing Opportunitysites in the City's adopted Housing Element and are also located
within the Merged Redevelopment ProjectArea.` Tfie Genera(Plan designates the
surrounding properties to the north for Low and Medium Density Residential lahd uses, to
the south for Low and Medium Density Residential and Schbof land uses, to the east for.
Medium Density Residential land uses, antl to the west for Low and Low-Medium pensity
Residential land uses,
(4) On November 14, 2005, the Planning Commission approved the initiatipn of reclassification
proceedings to rezone a 40-acre area within the existing industrial area'south of Downtown
Anaheim from the I zone to the RM-3 and RM-4 zones, or less intense zones.
DISCUSSION:
(5) This reclassification request to rezone the properties from the l zone to tfie RM-3 and RM-4
zones would be consistent with the land use designations of Low-Medium and Medium
Density Residential land uses. This reclassificatioh would permit planned development
consisting bf an apartment cdmplez and attached single family homes consistent with
applicable development stahdardsahd'subject to approval of a'conditional use permit.
Approval of a tentative tract map would also 6e needed for the attached condominiums.
This reclassifidation would be compatible with the multiple-family (RM-4) zohing of the
properties to the nortff and south; and the single family (RS-3) zoning td the west. The
railroad tracks serve as a separation of the proposed residentialzone to the f zone
properties to the east..
SR-RCt2005-00173ds
Page 1
Staff Report to the
':Planning Commission
January 23, 2006
Item No.5
(6) .Even though the proposed RM-3 and RM-4 zoning does not exactly correspond with the
Medium and tow-Medium Density Residential land use designation boundaries identified in
the General Plan, the overall number of units permitted within these zones for the project
site wduld comply with the maximum densities permitted ihthe General Plan. More
specifically, the General Plan indicates 20.45 acres for each of the land use designations,
which would permifup to 1,104 housing units. Conversely, the proposed RM-3 zoning
(24.2 acres) would permif up td 435 units; the proposed RM-4 zbning (16:7 acres) would
permit up td 601 units, fora tbtal of 1;036 units and the number bf units proposed for future
development is 674:' Since the propdsetl land uses and densities for the project site as a
', whole complies with the density and land uses permitted for the land use designations on
the entire site; a General Plan Amendment is not being requested in conjunction with the
reclassification request:
(7) The attached memorandum from the Community Development Department dated.
December 20, 2005, indicates a reclassification is being requested from the I Zone to the
RM-3 and RM-4 zones to allow the development of an "affordable" multiple-family
residential housing project of a density of up to 36 dwelling units to the acre. The
Redevelopment Agency is currently in negotiations with several' housing developers to build
a combination for-sale and rental multiple-family housing projectbn a portion of the site, a
percentage of which would be designated as "affordable" units by agreement with the
CommuhityDevelopment Department
(8) The submitted site plan indicates a conceptual layout of the project site. The plan shows
three new public streets (Water Street, Melrose Street, and Kroeger Street), two' parks; 474.
attached condominiums; and P00 apartmentunits: More detailed architectural plans will be
presented to the Commission at a later date in conjunction with conditional use permit and
tentative tract map applications:
(9) The requested reclassification would facilitate the replacement of incompatible blighted
industrial properties with new residential developmentin an area containing other
residential uses. Ttte Redevelopment Agency has invested in new infrastructure; new
housing developments, Historic preservation projects, and urban office and commercial
developments in the:Downtown area. The proposed RM-3and RM-4 zoning classifications
for this area would complement and support the existing and proposed development in the
bowntown area, the gbals and objectives of the Merged Redevelopment Project Area, and.
ongoing City programs identified in Anaheim's Housing Element. Community Development
Department staff has been working closely with the developers on specific site design
issues and architectural plans which would be presented to the Commission at a later
public hearing.
(10) Commission should note that the :proposed RM-3 antl RM-4 zoning would permit the
construction of residential units in close proximity to existing railroad tracks. Prior to the
issuance of building permits for any units proposed to be built within thisproximity, the
developer would need to submit a sound study as described under Section 18.40.90 of the
Zoning Code:
(11) The project site contains parcels identified as a portionof Site No. 25 of the Central
Ananeim Area within the Housing Element with a density range of up to 45 units per acre:
Based on this density, the subject 41-acre site could accommodate a maximum of 1,845
units; however, a total of 674 units are planned. TFius, the proposed, reclassification from
an industrial to multiple-fatuity residential zone would result in an increase in the City's:
housing stock and would be consistent with the Housing .Element.
Page 2
Staff Report to the
Planning Commission
January 23, 2006
Item No. 5
ENVIRONMENTAL IMPACT ANALYSIS:
', (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department). Based on City staff review of the proposed project; staff'
recommends that a Negative Declaration be approved upon a finding by the Commission
', that the declaration reflects the independentjudgment of the lead agency; and that it has
considered the proposed 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.
RECOMMENDATION:
(13) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the .Planning Commission take the following actions:
(a) By motion, aoorove a Negative Declaration for the project.
(b) By resolution, aoorove Reclassificatibn No. 2005-00169 to reclassify Portion A from
the I zone to the RM-3 zone and Portion B from the I zone to the RM-4 zone by
adopting the attached resolution including the findings and conditions contained.
therein.:
Page 3
®R~Fr~
RESOLUTION NO: PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00169
BE GRANTED, UNCONDITIONALLY
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 1 -SANTA ANA AND OLIVE STREET PROPERTY: THAT CERTAIN PARCEL OF LAND
SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
THAT PORTION OF BLOCK "A", OLIVE STREET, SANTA ANA STREET, KROEGER STREET,
WATER STREET, AND WATER ALLEY, ALL AS SHOWN ON THE RE-SUBDIVISION OF
THEODORE REISER'S SUBDIVISION OF VINEYARD LOT G-2, FILED IN BOOK 1, PAGE510
AND 11 OF MISCELLANEOUS MAPS, TOGETHER WITH PARCEL. 1 ,PARCEL 2, SOUTH
STREET, AND OLIVE STREET, ALL AS SHOWN ON PARCEL MAP NO. 85-364, FILED IN BOOK
210, PAGES 37 AND 38 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION pF OLIVE STREET WITH SANTA ANA
STREET AS SHOWN ON SAID PARCEL MAP NO. 85-364; THENCE ALONG THE CENTERLINE
OF SAID SANTA ANA STREET NORTH 74° 18' 42" EAST 689.76 FEET; THENCE SOUTH 15° 32`
33" EAST 1652.62 FEET TO A POINT ON THE CENTERLINE OF SOUTH STREET AS SHOWN
ON SAID PARCEL MAP, SAID POINT DISTANT THEREON NORTH 74° 23' 25" EAST 689.76
FEET FROM THE CENTERLINE INTERSECTION OF OLIVE STREET WITH SOUTH STREET AS
SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID CENTERLINE OF SOUTH STREET
SOUTH 74° 23' 25" WEST 689.76 FEET TO SAID CENTERLINE INTERSECTION OF OLIVE
STREET WITH SOUTH STREET; .THENCE ALONG SAID CENTERLINE OF OLIVE STREET
NORTH 15° 32' 33"WEST 1651.67 FEET TO THE POINT OF BEGINNING.
PARCEL 2 r SANTA ANA AND OLIVE STREET PROPERTY THAT CERTAIN PARCEL OF LAND
SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING '
THAT PORTION OF BLOCK "C", BLOCK "D",.SANTA ANA STREET, KROEGER STREET,
ORANGE STREET, SOUTHERN CALIFORNIA RAILROAD, AND THOSE UNNAMED ALLEYS> '
WITHIN BLOCK "C", ALL AS SHOWN ON THE RE-SUBDIVISION OF THEODORE REISER'S
SUBDIVISION OF VINEYARD LOT G-2, FILED IN BOOK 1, PAGES 10 AND 11 OF
MISCELLANEOUS-MAPS;. TOGETHER WITH PARCEL 1, PARCEL 2, PARCEL 3, SOUTH
STREET AND ATCHISON STREET, ALL AS SHOWN ON PARCEL MAP NO. 85-364, FILED IN
BOOK 210, PAGES 37 AND 38 OF PARCEL MAPS; BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF OLIVE STREET WITH SANTA MA
STREET AS SHOWN ON SAID PARCEL MAP NO. 85-364; THENCE ALONG THE CENTERLINE
OF SAID SANTA MA STREET NORTH 74° 18' 42" EAST 689.76 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 15° 32' 33" EAST 1652.62 FEET TO A POINT IN THE
CENTERLINE OF SOUTH STREET AS SHOWN ON SAID PARCEL MAP, SAID POINT BEING
DISTANT THEREON NORTH 74° 23' 25" EAST 689.76 FEET FROM THE CENTERLINE
INTERSECTION OF OLIVE STREET WITH SOUTH STREET AS SHOWN ON SAID PARCEL
MAP; THENCE ALONG SAID CENTERLINE OF SOUTH STREET NORTH 74° 23' 25" EAST
462.86 FEET TO THE:INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE
WESTERLY RIGHT-OF-WAY LINE. OF ORANGE STREET (FORMERLY SOUTHERN
CALIFORNIA RAILROAD) AS SHOWN ON SAID PARCEL MAP AND REISER'S SUBDIVISION;
THENCE ALONG SAID SOUTHERLY PROLONGATION, SAID WESTERLY RIGHT-OF-WAY
LINE AND ITS NORTHERLY PROLONGATION .NORTH 15° 30' 55"WEST 1653.26 FEET TO THE
CENTERLINE OF SANTA ANA STREET AS SHOWN ON SAID PARCEL MAP; THENCE ALONG
SAID CENTERLINE OF SANTA ANA STREET SOUTH 74° 18' 42 W EST 463.65 FEET TO THE
TRUE POINT OF BEGINNING.
CR\PC2006-0 -1- PC2006-
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 23, 2006, at 2:30 p:m., noticebf 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 reclassification 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 petitioner proposes reclassification of Pdftion A from the I (Industrial) zone to the RM-3
(Multiple Family Residential) zone, and Portion 8 from the I (Industrial) zone to the RM-4 (Multiple Famiy'
Residential) zone..
2; That the Anaheim General Plan designates the properties for Low-Medium and Medium Density
Residential land uses; and the proposed reclassification would be consistent with the General Plan and
implement the goals and policies contained in the Housing Element..
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Portion A from the I (Industrial) zone to the RM-3 (Multiple
Family Residential) zone, and Portion B from the I (Industrial) zone to the RM-4 (Multiple Family Residential)
zone; 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 Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above-described Portion A from the l (Industrial) zone and to incorporate said
described property into the RM-3 (Multiple Family Residential) zone and Portion B from the I (Industrial) zone
and to incorporate said described property into the RM-4 (Multiple Family Residential) zone unconditionally.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, br a
commitment by the City to rezone; the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs firsC Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
-2- PC2006-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 23, 2006. 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 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 23, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
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~~N6E0 :S
Attachment -Item No. 5
City of Anaheim
COMUNI~'Y I)EVELOPME1~tT
Elisa Stipkovich, Executive Director
To: David See, S for Planner
I
From: Abel Avalon roject Manager
Date: December 20, 2005
RE: Application for Reclassification
application, we discovered two small parcels on the site that were
previously used as water pumps. We will be supplementing the
application with title reports for these two parcels in addition to one of
the Atchison parcels.
Attached please find our Application for Reclassification of the 44-acre
site bordered by Santa Ana Boulevard, Olive Street, South Street and
Orange Street. Included in the packet is the Environmental
'.Information Form and attachments providing further clarification and
additional information. Since the site includes numerous parcels, the
three copies of the title reports have been organized in the same
order as listed on the attachment. Subsequent to preparation of this
Please let me know if you need any additional information or
clarification.
F:\OOCS\HOUSING\MEMOS~SPMSQOA danfiotion of Apllc (or Aalass.DOC
ITEM NO. 6
I RM-0 I RCL 68.69.22 APTS. RM-4
R CL 70-71-2 4 VAR 2009 24 DU o RCL 60-61-54
VAR 2226 CUP 242
:
APTS o VAR 2774 ..... ..,_..
.
16 DU
RM 4 VAR 2682
Wesf A aheim
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RCL 61-62-72
24 DU ~ CONDOMINIUMS
Gommerci hGorridor s .e 64 DU
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RCL 67-65-10 O '
RM-4
VAR 1904 y
APTS RCL 68-69-61
.
120 DU r
a CUP 4076
VAR 2079
3
VAR 4295
APARTMENTS
106 DU
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RM-4 SRCL 55-59-67
UP 266&p505 Q
RCL 67-66-24
-, CUP 3201 `~
Q
VAR 1916 %~ CUP 3100 ~~ m
APTS. VAR 3979 € ; ~
69 DU VAR 475 O
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-150'-~
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o RCL 56-57-96 :. T-
a CUP 1572
E PIZZA HUT
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RCL 62-63-26
U ~ ~ Z CUP 131fi
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w MAGNOLIA-
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I 1 DU EACH ' I
e ROWLAND AVENUE
Conditional Use Permit No . 2005-05056 Subject Property
Date: January 23, 2006
Scale: 1" = 200'
Requested By: DAE WON HONG Q.S. No. 20
REQUEST TO EXPAND AN EXISTING LEGAL NONCONFORMING CONVENIENCE MARKET
INTO AN ADJACENT TENANT SPACE.
221 South Magnolia Avenue, Suite G -Rancho Meat Market z13z
c-c
RCL 57-58-21
SHOPS
C-G
RCL 57
58
21 RM-4
-
-
CUP 2394 RCL 71-72-37
UTO REPAI RCL 69-70-03
RCL 57-58-21
C-G CUP 1297
RCL 6465-10 VAR 2105
RCL 57-56-21 TOWNHOMES
ONVENIENC 30 DU
STORE
0
C-G N
RCL 64r>5-11 -
UP 2600-04276 ~ ~
PCN 97-66 ~°
S.S. 8
~
FOODMART C-G ~
RCL 56-57-17 q
HOLIDAY HEALTH SPA ~ ~
RS-2
®
RGL 62-63-128
1 DU EACH
1
J
Date-bfAedal PM1otoi May 2002
REQUEST TO EXPAND AN EXISTING LEGAL NONCONFORMING CONVENIENCE MARKET
INTO AN ADJACENT TENANT SPACE.
221 South Magnolia Avenue, Suite G -Rancho Meat Market z~3z
Staff Report to the
Planning Commission
January 23, 2006
Item No. 6
6a CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion).
6b.,, CONDITIONAL USE PERMIT NO: 2005-05056' , (Resolution).
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.94-acre property is located at the northwest corner of Broadway.
and Magnolia Avenue, having frontagesof 288 feet on the westside of Magnolia Avenue and
150 feeton the north side of Broadway (221 South Magnolia Avenue, Suite G -Rancho Meat
Market):
REQUEST:
(2) The applicant requests approval of a conditional use permit under'authority of Cotle Section
.18.08.030.040.0402 to expand an existing legal nonconforming convenience market into an
adjacent tenant space;
.BACKGROUND:
(3) This property is currently developed with an existing ddnveniehce markef and is zoned C-G
(General Commercial); The Anaheim General Plan designates this property and properties
to the south for Low-Medium Density Residential land uses. Adjacent properties to the north
and west ere designated for Medium Density Residential land. uses, ahd to the east for
Corritlor Residentialland uses.
PREVIOUS ZONING ACTIONS:
(4) Conditional Use Permit No. 3201 (to permit a convenience market in an existing retail center)
was approved by the Planning Commission on October 9, 1989 (Suites A; B;'and C):
(5) Variance No. 3979 (to waive the'minimum number of parking spaces to establish a 1,000
square fooYdonut shop within an existing .retail center) was approved by the'Zoning
Administrator on August 10, 1989.
(6) Conditional Use Permit No. 3100 (to permit a 9-unit, 12,420'square foot commercial retail
center) was approved by the Planning Commission on December 5, 1988:
DEVELOPMENT PROPOSAL•
(7) The applicant is requesting approval of a donditional use permit to expandari existing legal
nonconforming convenience market into'an adjacent tenant space. The site plan (Exhibit No:
1) indicates an eight (8) unifretal building: The proposed market would utilize two (2) tenant:
spaces for a total of 2,655 square feet:
', (8) The floor plan (Exhibit No. 2) indicates the convenience market would oonsisf of a kitchen,
walk-in freezer, cooler, saleserea, and one (1) restroom.
(9) Vehicularaccess to the site is provided via single driveways from Magnolia Avenue and
Broadway. The site plan indicates a total of 69 parking spaces available for this commercial
retail center. Code required 81 parking spaces based on the previous parking waiver
approved under Variance No. 3979: The tenant space proposed for the market expansion.
sr-CUP2005-OSOS6tkn.doc
Page 1
Staff Report to the
Planning Commission
January 23, 2006
Item No. 6
was previously occupied by another retait use with the same parking requirement: 7herefdre,
even though the site Etas fewer parking spaces titan required by Code; this expansion does
not increase the parking requirements for the center.
(10) The applicant has submitted a letter of operation indicating the market would continue to
operate as a small retail market selling fresh produce marketiahd delicatessen meats and
..specialized prepared foods:.There would beno seats for fodd cdnsumptidh'on the premises:.
The current hours ofbperatiomfor the market are 7'a.m. to 9 p:m:; Monday through Sunday;
with a total of 2 employees per shift.
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has determined that the proppsedproject falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities); as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement toprepare additional.
environmental documentation.
sr-CUP2005~05056jkn.doc
Page 2
Staff Report to the
Planning Commission
January 23, 2006
Item No. 6
unsightly: Banners are permitted subject to a special event permit and staff has added a
condition of approval to move the pay phone and vending machines away from public`view.
Code permits vending machines as accessory uses provided they are screened from public
right-of-ways.;
(14) Staff believes that the proposed convenience market expansion complies with the intent of
the code and is consistent with the other tenant spaces. The expansion of the existing use
would not have an adverse affect on adjoining land uses. Staff has included standard.
conditions of approval pertaining to convenience markets related to site maintenance; seating
limitations and window signage limitations. Therefore, staff recommends aooroval of this
conditional use permit subject to the findings and conditions of approval contained in the
attached resolution.
FINDINGS:
(15) Before the Plahning Commission grants any conditional use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:.
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the 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;
{c) That the size and shape of the site proposed for the use is adequate to allow the full
development of theproposed use in a manner not detrimental to the particular area or to
the health and safety;
(d) That the traffic generated by theproposed use will not impose ah 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 and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission take the following actions:
(a) By motion, determine that the project is categorically exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines,
(b) By resolution, aoorove the applicant's request to permit the expansion of an
existing convenience market into an adjacent tenant space, by adopting the
attached resolution including the findings and conditions of approval contained
therein..
sr-CUP2005-05056jkn.doc
_ Page 3
[DRAFT]
RESOLUTION NO. PC2006--'*`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05056 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Coriditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 249, PAGES 45 AND 46 OF PARCEL MAPS,
RECORDS OF SAID COUNTY..
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 23, 2006, at 2:30 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 expansion of an existing legally non-conforming convenience market into
an adjacent tenant space is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.08.030.040.0402.
2. That the proposed use will 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 expansion of an existing legal
nonconforming convenience market into an adjacent tenant space will not have a negative impact on the
surrounding area;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the health and
safety as the proposed expansion of the existing legal nonconforming convenience market into an adjacent
tenant space would comply with all provisions of the Zoning Code and would not require any waivers for
development; and
4. That the traffic generated by the proposed expansion of a convenience market will not
impose an undue burden upon the streets and highways designed and. improved to carry the traffic in the
area because the site contains adequate circulation and parking for customer vehicles entirely on the
property.
5. That the granting of 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.
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 FINDING: The Planning Commission
concurs with staffs determination that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
Cr\PC2006-0 -1- PC2006-
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 this establishment shall be operated as a convenience store as defined in Section
18.36.040.030 of the Anaheim Municipal Code. ,
2. That no outdoor vending machines shall be permitted on the property that is visible to the public right-
of-way.
3. That all fixtures, displays, merchandise and other materials in excess of three feet in height shall be
setback a minimum of three (3) feet from all window areas. Said information shall be specifically
shown on plans submitted for building permits.
4. That signs on the inside of the subject tenant space windows shall obscure no more than ten percent
(10%) of the total transparent area of any window surface. No signs shall be allowed on the outside
of any windows. Said information shall be specifically shown on plans submitted for building permits:
5. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
6. That there shall be no outdoor storage permitted on the premises.
7. That there shall be no public telephones on the premises located outside the building.
8. That the trash enclosure shall be refurbished and the latdh on the trash enclosure gates replaced.
Said information shall be specifically shown on plans submitted for Streets and Sanitation Division
approval.
9. That all trash generated from the commercial retail center shall be properly contained' in trash bins
located within approved trash enclosures.
10. That roof-mounted equipment shall be screened from view in accordance wit the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
11. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
12. That the parking lot shall be maintained in good condition free of trash and debris.
13. That four (4) foot high street address numbers shall be displayed on the roof of the main building in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval:
14. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
15. 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. 3, 4, 8, 10, and 13 above mentioned, shall be
complied with. Extensions for further time to complete said conditions maybe granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
-2- PC2006-
16. That prior to final building and zoning inspections, Condition Nos. 2, 7 and 14, above mentioned,
shall be complied with. Extensions far further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
17. 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 of findings as to compliance of the request
regarding any other applicable ordinance, regulation or requirement.
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 15 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 revpcation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 23, 2006. 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 23, 2006, 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
.2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
ITEM NO. 7
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Development Agreement No. 2004-00002
Subject Property
TRACKING NO. DAG2005-00010
Date: January 23, 2006
Tentative Tract Map No. 16618
Scale: Graphic
Requested By: CREA/NEXUS ANAHEIM CORNERS, LLC Q.S. No. 107
DEVELOPMENT AGREEMENT NO. 2004-00002 -REQUEST TO AM END A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ANAHEIM AND CREA/NEXUS ANAHEIM C ORNERS, LLC TO ALLOW
RESIDENTIAL CONDOMINIUMS.
TENTATIVE TRACT MAP NO. 16618 -REQUEST TO ESTABLISH A 1-LOT, 390 UNIT RESIDENTIAL
MIXED USE CONDOMINIUM SUBDIVISION.
1801 E. Katella Avenue -Stadium Lofts -Anaheim 2133
Date of Aerial Photo: May 2002
.Development Agreement No. 2004-00002
TRACKING NO. DAG2005-00010
Tentative Tract Map No. 16618
Requested By: CREAINEXUS ANAHEIM CORNERS, LLC
Subject Property
Date: January 23, 2006
Scale: Graphic .
Q.S. No. 107
DEVELOPMENT AGREEMENT NO. 2004-00002 -REQUEST TO AMEND A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ANAHEIM AND CREA/NEXUS ANAHEIM CORNERS, LLC TO ALLOW
RESIDENTIAL CONDOMINIUMS.
TENTATIVE TRACT MAP NO. 16618 -REQUEST TO ESTABLISH A 1-LOT, 390 UNIT RESIDENTIAL
MIXED USE CONDOMINIUM SUBDIVISION.
1801 E. Katella Avenue -Stadium Lofts -Anaheim
2133
Staff Report to the
Planning Commission
January 23, 2006
Item No. 7
7a.
7b. (Motion)
(Resolution)
IIKHGKINIi NU:UACi'LUUS-00010)
7c. TENTATIVE TRACT MAP NO. 16618 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, approximate 6.3-acre property is located at the northwest corner
of Katella Avenue and State College Boulevard with frontages of 580 feet on the west side of
State College Boulevard and 455 feet on the north side of Katetla Avenue (1801 East Katella
Avenue -Stadium Lofts: -Anaheim).
REQUEST:
(2) The petitioner requests approval of the following:
Development Aoreement No: 2004-00002 - request to amend apreviously-approved
Development Agreement between the Ciry of Anaheim and CREA/NexusAnaheim
Corners, LLC, to allow residential condominiums in a mixed use development.
Tentative Tract Mao No. 16618, - to establish a 1-lot, 390-unit airspace attached residential
mixed use condominium subdivision.
BACKGROUND:
(3) This property is currently under construction for 390 dwelling units and associated
commercial tenant space and parking structure. The Anaheim General PlanLahd Use
Element Map designates this property for. Mined Uses and the property is zoned I (PTMU)
Overlay (Industrial, Platinum Triangle Mined Use Overlay). The Platinum Triangle Master
Land Use Plan (PTMLUP) further indicates that the sutiject property is locatetl in the Katella
District of the PTMU Overlay.
(4) As set forth in Section 18 of the Development Agreement between the City of Anaheim and
CREAINexus Anaheim Comers; LLC., eitherparty may initiate an' amendment to this.
Development Agreementprovided the procedure for amendment to the Developmehf
Agreement is the same as the procedure for entering the Development Agreement; and that
the amendment includes consenfof both parties. The Planning Commission's role is to look
at the land use aspects of the proposed amendment specifically,'whether the amendment to
the Agreementis consistent with tfie GeneFaf Plan and is compatible with the development of
the surrounding area. The City Council wilt consider whether to approve the tequested
amendment to the Agreement.
PREVIOUS ZONING ACTIONS:
(5) Conditiona(Use Permit No. 2004-04906 - (to modify required setbacks and to permit sales of
alcoholic beverages for on-premisesbonsumption in a proposed'restaurant within a proposed
high-density urban mixed-use center with 890 apartment dwelling units located above retail
and restaurant uses, and a clubhouse and leasing office surrounding a 5-level parking,
structure witfi waiver of minimum dimension of patio and balcony areas and required building
treatment adjacent to streets) was approved by the Commission on November 15, 2004, and.
subsequently approved by the City Council on November 16, 2004.
SR012306-JR DAG04-02
Page 1
_.
Staff Report to the
Planning Commission
January 23, 2006
Item No. 7
(a) Consistent with the General Plan and any applicable specific plan,
(b) Compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district;:
(c) Compatible with the orderly development of property in the surrounding area; and
(d) Is not otherwise detrimental td the health, safety and general welfare of the citizens
of Anaheim:
(10) The proposed amendment to the Development agreement includes changing the word
"apartments" to the'word "condominiums" in Recital "H", Section 1.18 of "Definitions" for the
permitted type of building on site, and within Exhibit "B"; the Final Site Plan: Further, the.
Final Site Plan Exhibits would reflect the insertion of the tentative tract map as an attachment
to the Finaf Site Plan; Section 13 of the Developmenf Agreement and Exhibit "E"pertaining
to Development Requirements and Maintenance Obligations has been modified to
accommodate requirements and obligations pertinent to the establishment of an airspace
subdivision {commortareamaintenance and Home Owners Association (HOA) obligations),
as well as provide more specific wording to identify items related to areas and facilities to be
maintained by the HOA:
(11) Staff has reviewed the proposed amendments to the Development Agreement and finds that
the amended Agreement has 6eenprepared in conformance with the form of the
standardized Platinum Triangle Development Agreement approved per Resolution No:2004-
179. Further, the applicant has demonstrated eligibility to enter into the amended
Development Agreement since the`project will resulf in the construction of 390 residential
units, 2;820 square feet of retail use and 7,839 square feet of restaurantLse, asbrigihally
approved: The proposed amendment and tentative tracf map would maintain consistency
with goals and policies'of the General Plan Mixed Use land use designation for The Platinum
Triangle, The Platinum Triangle Master Land Use Plan and Zoning Overlay, ahd would be
consistent with the following recently approved projects in this zoning district:
Platinum Triangle Condominiums at 1331 East Katella Avenue - TTM 16832
• Stadium Park :Residential at 1515 East Katella Avenue - TTM 16831
• Platinum Centre Condominiums at 1818 South State College- TTM 16825
• Anaheim Stadium Condominiums at 2100 East Katella- TTM 16800
Because the requested map and amendment are (a) consistent with the General Plan, (b)
compatible with the uses authorized under the zoning and the four (4) recently approved
projects in the applicable zoning district; (c) compatible with the orderly development of
:property in the surrounding area and (d) would not result in anvohvsical or structural
alterations to the oroiect, staff recommends approval of the tentative tract map and
amendment to the Development Agreement as requested by the applicant.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the Initial Study for the amendment to the Stadium Lofts -Anaheim
project, a copybfwhich has been provided to the Planning Commission and is available for
`review In the Planning Department, and7ecommends that the previously-approved Mitigated
Negative beclaration serve as the required envirdnmehtal documentation in connection with
this request upon finding that the declaration reflects the independent judgment of the lead
agency; and that it has considered the previously-approved Mitigated Negative Declaration
together with any comments received during the public review process and further finding on
Page 3
Staff Report to the
Planning Commission
January 23, 2006
Item No. 7
the basis of the Initial Study and any comments received that there is no substantial evidence
that with the incorporation of mitigation measures set forth in Mitigation Monitoring Program
No. 125 the project will have a significant effect on the environment.
FINDINGS:
(13) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to
include in all motions approving, or recommending approval of a tract map; a specific finding
that the proposed Subdivision together with its design and improvement is consistent with the
City's General Plan:
Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1: That the proposed map is not consistent with applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the'proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to
pause substantial environmentaldamage or substantially and avoidably injure fish.
or wildlife or their habitat.
6. That the design of the subdivision dr the typepf improvements is likely to cause
serious public health problems.
7. Thaf the design of the subdivision or the type of improvements will conflict with
easements, acquired. by the public at large, for access tbrough or use of property
within the,proposed subdivision:' '
RECOMMENDATION:
(14) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing and tfte findings included in the attached resolutions, the Planning Commission take
the following actions:
(a) By motion, recommend that the City Council, as lead agency for Tentative Tract
Map No. 16618 and theYequested amendment to Development Agreement No.
2004-00002, (the "Proposed Actions"), based upon its independent review and
analysis of the Initial Study prepared for tfte Proposed Actions, determihe the
previously-approved Mitigated Negative. Declaration for the Proposed Actions,
together with Mitigation'Monitbring Program No. 125, are adequate to serve as the
required environmental documentation for the Proposed Actions and satisfies all of
theYequirements of CEQA, and that no further environmental documentation need
be prepared.
Page 4
Staff Report to the
Planning Commission
January 23, 2006
Item No. 7
(b) By resolution, approve amendment to Development Agreement No. 2004-00002
between the City of Anaheim and CREA/Nexus Anaheim Corners, LLC, to allow
residential condominiums in a mixed use development amendment by adopting the
recommendation to City Council in the attached resolution including the findings
and conditions contained therein.
(c) By motion, aoorove Tentative Tract Map No. 16618, to establish a 1-lot, 393-unit
airspace attached residential mixed use condominium subdivision.
Page 5
[DRAFT]
RESOLUTION NO. PC2006 '**
A RESOLUTION OF THE OF ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
TO DEVELOPMENT AGREEMENT NO. 2004-00002 BYAND>
BETWEEN THE CITY OF ANAHEIM AND CREA/NEXUS ANAHEIM
CORNERS, LLC. AND MAKING CERTAIN FINDINGS RELATED `
THERETO
(1801 E. KATELLA AVENUE)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to
enter into a development agreement withany person having a legal orequitable interest in real property
for the development of the property asprovided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedure5and
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, pursuantto 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 1 B 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
Cr\PC2006 -1- PC2006-
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 ResolutiomNo. 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 FEIR No.
330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum
Triangle, were in compliance with CEQA and the state and City CEQA guidelines and were adequate to
serve as the required environmental documentation for said actions based upon findings set forth in said
motion; and
WHEREAS, on November 15, 2004, the Planning Commission recommended approval of
Development Agreement No: 2004-00002 by and between the City of Anaheim and CREAINexus
Anaheim Corners, LLC, in conjunction with the approval of Conditional Use Permit No. 2004-04906 (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 apartmenfdwelling units located above 2,820 square 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) with waivers of minimum dimension and area of patios/balconies and required
building treatment adjacent to streets); and
WHEREAS, on November 16, 2004, the City Cduncil did (told a public hearing at the
Civic Center in the City of Anaheim, 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 City Council concurred with the decision of the Planning Commission
and approved Development Agreement. No. 2004-00002 by :and between the City of Anaheim and
CREAINexus Anaheim Corners, LLC, by adopting Resolution No. 2004-232 for the Conditional Use
Permit and Ordinance No. 5952 for the Development Agreement; and
WHEREAS, on December 18, 2005, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
LaW'), CREAINexus Anaheim Comers, LLC. ("Applicant"), submitted an application to the Planning
Department to amend Development Agreement No. 2004-00002 (the "Application"), to allow residential
condominiums, and to establish a 1-lot, 390 unit residential mixed use condominium subdivision; 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 East Katella
Avenue (the "Property"), 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 dwelling units, 2,820
square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouselleasing 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
-2- PC2006-
WHEREAS', the Planning Director approved the requested amendment td Final Site Plan
No. 2004-00005 to provide for the development of the Stadium Lofts -Anaheim project, contingent upon
the approval of this amendment to Development Agreement No. 2004-00002 by the Planning
Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic CenteF ihthe
City ofAnaheim on January 23, 2006; at 2:30 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 cohsider evidence for and against said proposed amendment 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 shpwing that,'
upon completion, the Project will result in the construction of 390 condominiums, 2,820 square feefof
retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845 space parking
structure; and
WHEREAS; said Commission, after due inspection; investigatibn'and study made by
itself and in its behalf, and after due consideration of and based uport all of the evidence and reports
offered at said hearing, does find and determine that the Development Agreemerif meets the following
standards set forth in the Procedures Resolution:
1. That the amended Agreement has been prepared in confdrmance with the form bf the standardized
Platinum Triangle Development Agreement approved per Resolution No. 2004-179: Further, the
applicant has demonstrated eligibility to enter into the amended Development Agreement since the
project will result in the construction of 390 residential units, 2,820 square feet of retail use and
7,839 square feet of restaurant use, as originally approved. The proposed amendment and
tentative tract map would maintain consistency with goals and policies of the General Plan Mixed
Use land use designation for The Platinum Triangle and The Platinum Triangle Master Land Use
Plan, and would be consistent with the following recently approved projects in this zoning district:
• Platinum Triangle Condominiums at 1331 East Katella Avenue - TTM 16832
• Stadium Park Residential at 1515 East Katella Avenue - TTM 16831
• Platinum Centre Condominiums at 1818 South State College- TTM 16825
• Anaheim Stadium Condominiums at 2100 East Katella- TTM 16800
2. That the amendment proposed 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 as amended; which has
been approved by the Planning Director, as there are no physical or structural changes to the
building'and it will be donstNcted as originallyapproved
3. That the requested amendment and map are compatible with the orderly developmentbf 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 bf the citizens of the City of
Anaheim.
5. That the amendment to 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 ehtered 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.
-3- PC2006-
7. 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 Planning
Commission has reviewed the proposal to amend a Development Agreement between the City of
Anaheim and CREAINexus Anaheim Corners, LLC to allow residehtial mixed use condominiums and
does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 12fr
previously-approved in connection with Development Agreement No. 2004-00002 and Conditional Use
Permit No. 2004-04906 is adequate to serve as the required environmental documentation in connection
for this request upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Mitigated 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 based upon the aforesaid findings and
determinations, the Anaheim City Planning Commission does hereby recommend to the City Council
approval of the proposed amendment to Development Agreement No. 2004-00002 to allow residential ,
condominiums, and. to establish a 1-lot, 390 unit residential mixed use condominium subdivision:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 23, 2006.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting df the Anaheim City Planning
Commission held on January 23, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
City of Anaheim
PLANNING ®EPARTMEN7'
=~
"` '
January 23, 2006
v`~~ ', ,
p
CREA Nexus Anaheim Corners, LLC
9381 Judicial Drive, Suite 190
San Diego, CA 92121.
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
January 23, 2006.
7a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN NO. 125 (PREVIOUSLY-APPROVED).
7b. DEVELOPMENT AGREEMENT NO. 2004-00002
(Tracking No. DAG2005-OOD10)
7c. TENTATIVE TRACT AAAP NO. 16618
Owner: CREA Nexus Anaheim Corners, LLC, 9381 Judicial Drive, Suite 100,
San Diego, CA 92121
Agent: David Slaughter,. Fuscoe, Engineering, 16795 Von Karmen, Irvine, CA
92606
Eric L. Heffner, Nexus Properties, Inc., 9381 Judicial Drive, Suite 100,
San Diego, CA 92121
Location: 1801 E. Katella Avenue: Property is approximately 6.3 acres and is
located at the northwest corner of Katella Avenue and State College
Boulevard (Stadium Lofts -Anaheim),
.Development Aoreement No. 2005-00002 -Request to amend a Development
Agreement between the City of Anaheim and CREA/Nexus Anaheim Corners, LLC to
allow residential condominiums.
Tentative Tract Mao No. 16618 -Request to establish a 1-lot, 390-unit residential
mixed use condominium subdivision.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
amend a Development Agreement between the City of Anaheim and CREA/Nexus Anaheim
Corners, LLC, to allow residential mixed use condominiums and does hereby find that the
Mitigated Negative Declaration and .Mitigation Monitoring Plan tJo. 125 (Previously Approved)
in connection with Development Agreement No. 2004-00002 and Conditional Use Permit No.
2004-04906 is adequate to serve as the required environmental documentation in connection
with this request upon finding that the dedlaration 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.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed
tentative map, including its design and improvements, is consistent with the Anaheim General
Plan, and does therefore approve Tentative Tract Map No. 16618, to establish a 1-lot, 390
unit residential mixed use condominium subdivision subject to the following conditions:
200 South Anaheim Boulevard
P:0. Box 3222
Anaheim, California 92003
www.anaheim.net TEL (714) 7fi5-5139
1. That a maintenance covenant shall be submitted to the Subdivision Section and
approved by the City Attorney's Office. The covenant shall include provisions fore
maintenance of private facilities, including compliance with approved'Water Quality
Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map, including regular landscape maintenance, removal of
trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
2. That the legal property owner shall furnish a Subdivision Agreement to the City of
Anaheim, in a form to be approved by the City Attorney's Office, agreeing to
complete the public improvements required as conditions of the map at the legal
property owner's expense. Said agreement shall be submitted to and approved by
the City of Anaheim and shall than be recorded concurrently with the final map. All
public improvements shall be constructed within oneyear of recordation of the final
map.
3. That prior to final map, the applicant shall pay the net difference between the
assessment of apartments and condominiums of the traffic and transportation fee,
Supplemental Platinum Triangle Project area fee, park in lieu fee, and any other
applicable impact or development fee.
4: That prior to issuance of certificate of occupancy, the applicant shall:
(i) Demonstrate that all structural BMP's described in the Project WQMP have
been constructed and installed ih conformance with approved plans and
spec cations:
(ii) Demonstrate that2he applicanfis prepared to implement all non-structural
BMP's described in the Project WQMP.
(iii) Demonstrate thafan adequate numtier of copies of the approved Project
WOMP are available onsite:
(iv) Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMP's.
5. That approval of this parcel map is granted subject to the approval of the amendment
to Development Agreement No. 2004-00002 (Tracking No. DAG2005-00010), now
pending:.:
6. That prior to final parcel map approval, Condition Nos. 1, 2, and 3above-mentioned,
shall be complied with. -
T. That approval of this application constitutes approval bf the proposed request only to the
extenfthat 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 dr approval of the request regarding any other applicable
ordinance, regulation or requirement
Sincerely,
Eleanor Morris; Senior Secretary
Anaheim Planning Commission
TTM166t6_Excerpt
Re: Windstar Communities - "stadium Logs"
Request for modification to Development Agreement DAG-2004-00002
1801 East Katella Avenue
Dear John:
The Development Agreement referenced above was approved by the Planning
Commission and Gty Council in November 2004. At the time the market seemed to favor
for-rent projects, such as the 390 apartments/mixed-use project approved. However, it
has been our recent experience that the market will in fact favor for-sale projects like
the Stadium Lofts project that is currently under construction. Windstar Communities
currently has an application for a tentative tract map to enable the conversion of the
apartments to for-sale condominiums. As a result, we respectfully request that the
Development Agreement be modified to reflect the changes in project type,
Enclosed is a copy of the approved Development Agreement identifying the changes
from "apartment" (red/strikeout) to "condominium" requested.
Thank you in advance for your consideration of the modifications proposed to the
existing Development Agreement. If you have any questions, please do not hesitate to
contact my office at (714) 245-9760, extension 14 or via email at hollyColjlhare.com.
Sincerely,
.7foCCy SandCer
Holly A. Sandler
fie information ronmined in (hit messnge may be privileged and confidentiN and protected from disclosure. /f the render of Ihis messnge is nal
the intended recipient, or nn employee nr agent responsible for delivering this menage m (he inlenrled recipienq you ore hereby notified iha( any
disseminmion, distribution or copying oflhis communication u strictlyprohibited lfyou hove recei veil Ihis communication in error. please notifp
m immedimely by replying to the messnge and deleting it from your computer.
Orange County Office: Inland E mplre O(flc e:
1450 North Tustin Avenue, Suite 105, 250 E. Rincan Street, Suite I08
Santa Ana, CA 92705 Corona, CA 92879
714.245.9760-office office-951-549-8080
714.245.9761- fax Fax-951-549-6081
ww w.j lhare.com
Attachment -Item No. 7
RESOLUTION NO. PC2004-141
A RESOLUTION OF THE OF ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
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 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to
enter into a development agreement with any person having a legal or equitable interest in real property
for the development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23,
1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the Ciry subject
to the Statute; and., ,
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the Ciry
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, 20D4, 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) Oveday 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 MastecLand 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
Cr1PC2004-141 -1- PC2004-141
WHEREAS, when a Final Site Plan application includes a request for a Variance or.a-
Conditional Use Permit, the PTMU Overlay Zane requires the Variance and/or Conditional Use Permit
applications to be processed concurrently with the Development; and
WHEREAS; oh 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 FEIR No.
330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum
Triangle, were in compliance with CEQA and the state ahd 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 (hereinaftercollectively referred tows the "Development Agreement law"),
CREAINexus Anaheim Comers, 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 ro vest certain project
entitlementsand 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 East Katella
Avenue (the "Properly"), 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 accordahce 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 forttr 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,'tfie Plahning Director approved Final Site Plah 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 Planning Commissiorf 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 adcordande 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; ahd
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 wilt result in the constriction of 390 apartments, 2,820 square feet of retail,
7,839 square feet of restaurant; 6,297 square feet bf dlubhouselleasing and an 845 space parking
structure; and
' WHEREAS; said Cbmmissioh; after due inspectidh, 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:
-2- PC2004-141
1. That the Project is consistent with the City's existing General Plan in that it is in conformance with .,
the General Plan Mixed Use land use designation and with [he 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 Director, and Conditional Use Permit No. 2004-04906, which has been approved by the
Planning Commission pursuant to Resolution No. PC2004-140 adopted on November 15, 2004.
3. That the'Project is compatible with the orderly development of property in the surrounding area in
that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the
PTMU Overlay Zone requirements:
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power
and authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter
powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the
Procedures Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim 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 Califomia 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 Califomia 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 far 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 Ciry 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.
(ORIGINAL SIGNED BY GAIL EASTMAM
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2004-141
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do tiefeby 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: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2004-141
Attachment -Item No. 7
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Council
City of Anaheim
c/o City Clerk
P.O. Box 3222
Anaheim, California 92805
(Space Above Line For Recorder's Use)
DEVELOPMENT AGREEMENT NO. DAG 2004-00002
BETWEEN
THE CITY OF ANAHEIM
AND
CREA/Nexus 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
Secfion 1. DEFINITIONS .:..........:.....:.....:..:..:.:.:........:.....:.:..:....:.........: .........:.. 5
1.1 Assessment District .........................:..:.:..:::.:............ ..........:.. 5
1.2 Authorizing 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 Aereement Statute .............:............... ............. 6
1.8 Development Annrovals .......:.................................. ............. 6
1.9 Enabline Ordinance.......:..:.; :.................:...:............... ........... 6
1.10 Existine Land Use Reeulations ................................. ............ 6
1.1 I Final Site Plan .........:......::..:.........:..:..:::.:..:...........:... ............. 6
1.12 Gross Floor Area/GFA .............................................. ............ 7
1.13 Interim Develonment Fees:...: .:.......::.:....................:. ..........:.. 7
1.14 Morteaee ................................................................... .............7
.1.15 Morteaeee.......c..: .:..:::..::...::.....:.:....:....:.:......:...:..:.... .........:.: 7
1.16 Owner...., ...........:...:.:..:.:................:.::..:....:.:..:........... ......:..:.: 7
1.17 Parkine Areas...: .:....:.:....::.:..:........:...:..::...:............... ............ 7
1.18 Permitted Buildines ..:..:..:.....:..::::.....::..:......:............. .........'.. 7
1.19 Platinum Trianele Area ......:........:::.:....::...:..:............ ...:..:....:. 7
1.20 Procedures Resolution ..:.:.:..:..:......1:..:.:.::....:............. ...:..:..:.: 7
1.21. Project ...............................:.::...:.:.:......:..:.................. .......:..... 7
1.22 Pro. e ............................................:.:..:..::............... ...:......:.. 8
1.23 Sunnlemental Prouerty ....:......:....:.:..r............ ...,...... 8
1.24
< Support Commercial Uses :.......:....:.......................... .....:...... 8
1.25 Term ...........................................:.............................. ............. 8
Section 2. TERM .................................................................................... ............. 8
2.1 ................................................ .......................... .... ..... 8
2.2 ..........................................:..........c.:. ... 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 Buildines ...........................................::::..... 9
6.2 Parkine Areas ........:..:......:.....:.:..:.......:..:.........:.:................................ 9
Section 7. DENSITY OF PERMITTED BUILDINGS .................................... 10
Section 8. ENFORCEMENT ................................................................:.....:..... .10
Section 9. PUBLIC IMPROVEMENTS AND SERVICES .:.:.::..: .....:.:.........: 10
9.1 Public Park .....................:.:.................:.:..:.::......................... 11
9.2 Utilities (Water, Electrical. Gas, Sewer. & Drainaee)........, 11
9.2.1 Water Service ....................................................................:.. 11
9.2.2 Storm and Sewer Drains` ::.:...::.....:...::::r:...........................:.. 12
9.3 Timine, Phasing and Sequence of Public
I~rovements' and Facilities. '.:: .:.....................:. ..............
12
9.4 Traffic Circulation Improvements::.:::...:::.1 .:....................:... 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 Undergrounding Fee ::::.::........................ 13
12.2.2 Fire Facilities Fee .....::..::...:.:::.:.::c....::::::..::::...............,....::.. 13
12.2.3 General Plan and Environmental Processing, Fee ..............:... 13
12.2.4 Library Facilities Fee ..........................:.:.:...:........................ .13
12.2.5 Park Fee ........................:....................:.::...::::.......................: 13
12.2.6 Police Facilities Fee...:.:.i.:::.'.:;::.:.:..:: :................... .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 ........................................................ . ]4
12.3.3 City Processing Fees.........:.:.:..::.:....:: .....:...:.::.:..:.::............. . 14
12.4 Platinum Triangle Infrastructure and/or Maintenance
Assessment District.....:::. ...:.::.'. ` .:,:.:... ' ::........:. .14
12.5 Accountine of Funds ............................................................ .14
12.6. I_mposition of Increased Fees. Taxes or Assessments........... 14
Section 13 COVENANTS, CONDITIONS AND RESTRICTIONS .................15
Section 14 NEXUS/REASONABLE RELATIONSHIP CHALLENGES.........15
Section 15. TIMING OF DEVELOPMENT ...................................................... 15
Section 16. EXISTING USES ........................
15
Section 17. FUTURE APPROVALS ............................................................. ......15
17.1 Basis for Denyine or Conditionally Granting Future
Approvals ......................................................................... .... 15
17.2 Standard of Review ......................................................... ......16
17.3 Future Amendments to Final Site Plan ........................... ..... 16
Section 18 AMENDMENT ........................................................................... ..... 16
18.1 Initiation of Amendment ................................................. ..... 16
18.2 Procedure ........................................................................ ..... 16
18.3 Consent ........................................................................... ..... 16
18.4 Amendments ................................................................... ..... 16
18.5 Effect of Amendment to Development A.ereement ......... ..... 17
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY 17
19.1 Non-Cancellation of Riehts ............................................. ..... 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 Reeulations ............................. . 18
23.2 Building Codes .................................................................... 18
23.3 Public Health and Safetv ...................................................... 18
.Section 24. CANCELLATION ...................................................... ..................... 19
24. ] 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 Findines ..................................:............................................ 19
25.4 Initiation of Review by City Council ....................................20 "
(v
Section 26. EVENTS OF DEFAULT ..................:...:.........:...::.:..:................ ...... 20
26.1 Defaults by OWNER ............................................:.... ..................... . .
20
26.2 Suecific Performance Remedv :..:..:...:...::.:.................. .:..:.:........:.....
20
26.3 Liquidated Damaees Remedy ..:....:.:..:.:.:.:.:..............:. .:...................
21
Section 27. MODIFICATION OR TERMINATION ...............................:... .......21
27.1 Notice to OWNER .............................:.:....................... ......:..............
21
27.2 Public Hearine :....:......................::.:.......::::................. .:....:..............
22
27.3 Decision ........................................:............:................... ........:..........
22
27.4 Imnlementation ...........:.:..:..:....:........:..:...:.................. .:.:...::............
22
27.5 Schedule for Compliance ......... ...................... .....................
22
Section 28. ASSIGNMENT .......................................................................... ...:...22
28.1 Right to Assig_n ........................................................... ........:............
22
28.2 Release Upon Transfer ................................................ .::.:.:.:............
23
Section 29. NO CONFLICTING ENACTMENTS...:..... .:...:................ .:.... 23
Section 30. GENERAL .....................................................:....::::...:............... .......24
30.1 Force Majeure ...............................:..:...:.::..:................. .......:.............
24
30.2. Construction of Development Agreement :................ .:.:...::............
24
30.3 Severabilitv....... .:..:.... :.:....:. .:::..::.............. ...:..::..........
24
30.4 Cumulative Remedies ................................................ .....................
25
30.5 Hold Harmless Aereement ...:..................................... .....................
25
30.6 Cooperation in the Event of Legal Challenge ............ ..........::........:
25
30.7 Fublic Agency Coordination .:..:.....................:.......... ...............:.....
25
30.8 Initiative Measures .:...:....:.........:..........:..................... .............:.......
25
v
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 CITY .................................................... ............................
27
30.13 Captions .................................................:..:....:........ ..............27
30.14 Consent .................................................................. .............. 27
30.15 Further Actions and Instruments...c .........:...:.......... .............. 28
30.16 Subsequent Amendment to Authorizing Statute ... ........... 28
30.17 Governine Law ....................................................... .............. 28
30.18 Effect on Title ........................................................ ...:........... 28
30.19 Mortgagee Protection ......................:.......:.............. ..........:....28
30.20 Notice of Default to Mortgagee; Right of Mortgag ee to
Cure ..................:.:.....:.......................... ............28
30.21 Bankruptcy ............................................................. ...............29
30.22 Disaffirmance ......................................................... ...............29
30.22.1 ...............................................:...:.:..:.:. :.......... 29
30,22.2 ................................................:........... ........... 29
30.22.3 ............................................................ .:........ 29
30.22.4 ........................... ...:::::...:.., ., .: , ......:...... .......... 29
30.22.5 ............................................................ ........... 29
30.23 No Third Party Beneficiaries ................................ ............... 29
30.24 Proiect as a Private Undertaking .......:....:.:..:.......:.: .:.............30
30.25 Restrictions ............................................................ ...............30
30.26 Recitals ...........................................................:.....: :..............30
30.27 Recording ...................................:.....:........::........... ...............30
30.28 Title Report ........................................................... ............... 30
30.29 Entire Agreement .:.: ....:....:.........:....:..................... ............... 30
30.30 Successors and Assigns ........................................ ................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 Permit 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
vi
Exhibit "D-4" Library Facilities Fee
Exhibit "D-5" Park 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
vii
DEVELOPMENT AGREEMENT NO. DAG 2004-00002
BETWEEN
THE CITY OF ANAHEIM
AND
CREA/Nexus Anaheim Comers, 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 Califomia (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").
RECTTALS
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 ]east economic cost to the public;. provide
assurance to the applicants of development projects (1) khat 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 .Genera] 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 Ovemding Considerations,
and associated Mitigation Monitoring Plans ("FEIR 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 area.
G. OWNER represents thaf 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 co]]ectively'called the "Property") in The
Platinum Triangle and zoned PTMU Overlay and more particularly shown and described
on Exhibit "A" attached hereto and made a part hereof by this references
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
a}~arNneets condominiums, 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 all as more
particularly set forth in the Final Site Plan (hereinafter collectively called the "Project").
I: CITY desires to accomplish the goals and objectives sef 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. 5935 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.
2
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.I 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 General 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 all 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 standards 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. 2004-140.
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 detemrined that FEIR No. 330 previously certified by
the City Council fof the Amended General Plan and related projects, together with
Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated
Negative Declaration for the`bevelopment 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 all of the
requirements of CEQA; and that no further' environmental documentation need be
prepared 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 welfare 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 regard 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 carefully
considered and determined the projected needs (taking into consideration the planned
development of the Project and' all other areas within the CITY) for waterservice, sewer
service, storm drains; electrical facilifies, traffic/circulation infrastructure, police and fire
services, paramedic and similar 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 areas for
other infrastructure:
Y. On December 7, 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 are 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 area existing pursuant
to State law or the charter powers of the CITY forpuiposes of financing the cost of
public improvements, facilities, services and/or public facilities fees within a distinct
geographic area of the CITY.
` 1.2 Authorizing Ordinance: The "Authorizing Ordinance"means CITY Ordinance
No. 5952 approving this Development Agreement.
1.3 CITY. The "CITY" means the City of Anaheim, a chartef city and municipal
corporation; duly organized and existing underits charter and the Constitution andlaws
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 area of patios balconies and required building treatment adjacent to the street, a copy
of which is attached hereto as Exhibit "C"
5
1.5 Develonment. "Development" means the improvement of the Property for
purposes of effecting the stmctures, improvements and facilities comprising the Project,
including, without limitation: grading, the constmction of infrastructure and public
facilities. related to the Project whether located within or outside the ]'i`dperty; 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 similar permits. To the
extent any of such site specific plans, maps, permits and other entitlements to use are
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 Existing 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
standards 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 standards, but
only to the extent the Zoning Ordinance and such other regulations ate not inconsistent
with this Development Agreement: Existing Land Use Regulations do not include non-
land use regulations, which include taxes.
I.11 Final Site Plan. The "Final Site Plan" means Final Site Plan No. FSP 2004-
00005, as approved by the City Council on November 16, 2004, a copy of which is on
6
file in the Planning Department, 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 Develonment Fees.. "Interim Development Fees" are the fees
imposed within The Platinum Triangle pending adoption of permanent fee programs by
the City as set forth in Paragraph 12.2 of this Agreement.
L 14 Morteaee. "Mortgage" means a mortgage, deed of tmst 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 Parkine Areas. The "Parking Areas" means all parking structure(s), and/or all
surface parking servicing the Project..
1.18 Permitted Buildings. "Permitted Buildings" include a mixed use structure
consisting of ~aFt+rsents-condominiums, clubhouse leasing, retail and restaurant uses and
the Parking 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 characteristics 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.
r 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 Proiect. The "Project" means the development project contemplated by the
Development Plan with respect to the Properly, 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 Pro e The "Property" means that certain real property shown and
described on Exhibit "A" to this Development Agreement.
1.23 Supplemental Parcel. A "Supplemental Parcel" is a parcel to be incorporated
into the "Property" by separate action in the nature of a lot line adjustment prior to the
commencement of construction on the project, at which time the supplemental parcel
shall be merged into the."Property."
1.24 Supnort 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) years thereafter, terminating at the end of the day on
the fifth anniversary 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 Council 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
temtinate 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 all 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 standards,
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 maybe 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 stmckures; 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 Froperty shallbe as set forth on the Final Site Plan; The Project shalLbe constructed
substantially in conformance with the Final .Site Plan.
6.2 Parking Areas: The Parking Areas shall be constructed so that there will be
sufficient parking 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 Parking
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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 Parking Areas shall not be used to provide public parking for patrohs 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 terminated' 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 roles;
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 SERVICESc
In addition to performing any other obligations heretofore. imposed. as conditions of
approval set forth in the Conditional Use Permit, as material consideration for the CITY's
entering intolhis 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. CTTY shall cooperate with OWNER for the purpose of coordinating all
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)-af--way, CITY shall negotiate the.
purchase of the necessary right(s)-of--way to constmct 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 hereinafrer 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 are 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 Park. If the Property is eight (8) or more acres OWNER shall be
required to dedicate, improve and maintain a minimum size of 44 square feet for each:
residential unit for public park purposes as set forth in the Final Site Plan. The value of
the parkland 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 thee.
Development Approvals. OWNER shall construct and. relocate utilities as may. be
required to provide services to the Permitted Buildings on the Property or that are
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
maybe 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 terms 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:.
9.3 Timing, Phasine 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 Fina] Site Plan
9.4 Traffic CirculationImprovements. In order to assist CITY in providing for
area-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 constmct 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 Market Street, if
applicable, and other areas as more fully set forth in the Fina] 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 iii the Existing Land Use Regulations, as
said amounts and timing may be modified in accordance with this Development
Agreement.
12.2 Platinum Trianele 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 share 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 of the Project.
12.2.1 Electrical Utilities Undereroundine Fee. OWNER will pay an Electrical
Utilities Undergrounding Fee as set forth in Exhibit "D-]."
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 are 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 Park Fee. OWNER will pay the Park Fee as set forkh on Exhibit "D-5."
and, if the Property is eight or more acres in size, OWNER will dedicate, develop and
maintain amini-park 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
area'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 al] fees in accordance with the.
Electrical Utilities Rates, Rules and Regulations in effect at the time of application for
service_
12.3.3 City Processing Fees. OWNER shall pay all standard City-wide processing
fees for building permits, zoning review, and other similar fees associated with the
Development of the Project which are in existence at the time of approval of this
Development Agreement at the rate in existence at the time said fees are 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 may. be
formed to finance 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 Accountine of Funds. CITY will comply with applicable requirements of
Government Code Section 65865 relating to accounting of funds.: ,
12.6 Imposition 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 are 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 are 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
covenants, conditions and restrictions tCC&Rsl applicable to the Property in a ('onn and
content satisfactory to the Plannine Director and the City Attorney incorporative the
requirements and obligations set forth in Exhibit "E" to this Agreement, entitled the
"Develonment Reauircments and Maintenance Oblieations:
Section 14. NEXUS/REASONABLE RELATIONSHIP 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 are
demolished,_no credit. for any such demolished square 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 Denvine or Conditionally Grantine Future Anurovals. Before
OWNER can begin. grading on the Property or other development of the Properly,
OWNER must secure several additional permits and/or approvals from CITY. The parties
agree that to the extent said Development Approvals are 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
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 are sought and processed in a timely manner.
17.2 Standard 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 a1P 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 Properly, 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 foregoingprovisions 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 Develooment 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 Deve]opmentAgreement.
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY
19.INon-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 publiq 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 o£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
_~
economically in connection with the phasing of the Project; and of a size which would be
justified only by the magnitude of the Froject provided for by the Fina] 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 are 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 are 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 are
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 Reeulations. In the event that the State or
Federal laws or regulations enacted after. 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 orregulations;
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. Building 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 noY prevent-.
CITY. from adopting new rules, regulations and policies, including amendments or
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
18
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 of this
Development Agreement until CITY makes a finding that such rules, regulations`or
policies are 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 thee.
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 Govemment Code Section 65865.1 and other successor.
laws and regulations:
25.2 OWNER's Submission. Each year, 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 CITY 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 CTTY may reasonably establish from time to
time on each occasion that OWNER submits its evidence for a periodic review.
25.3 Findin s. 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 goad 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
19
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 £or
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 towards 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 City 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 uhder 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 sha]} 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
Developmenf 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 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.
26.2 Specific Performance Remedv. 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
to the terms of this Development Agreement and will be investing even more significant
time in implementing the Project in reliance upon the terms of this Development
20
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 ifCITY -'
fails to carry out its obligations under this Development Agreement, and CITY hereby
agrees that OWNER shall be entitled to specific performance in the eventof 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 CITY'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 Damaees 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 difficulf to fix; therefore,
OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of
One Hundred Thousand Dollars ($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.
Ifpursuant to Section 26.1 of this Development Agreement, CITY elects to modifyor -
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 nofice 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 (IO) days of making the CITY's findings:
27.2 Public Hearine. The City Council shall set and give notice of a public
hearing on modification, termination or a time schedule for compliance to be held within
forty-days after the City Council gives notice to OWNER.
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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 teh (10) days
following completion of the public hearing.
27.4 Imnlementation. 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 forwarded to OWNER. This Development
Agreement shall be terminated or this Development Agreement as modified shall became
effective on the effective date of the ordinance terminating or modifying this
Development Agreement.
27.5 Schedule for Comnliance. 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 adopfion of the resolution, one copy thereof shall be forwarded 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 OWNER 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
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
or portion thereof, so transferred, except to the extent OWNER is not in default under the
terms of this Development Agreement.
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28.2 Release Upon Transfer. It is understood and agreed by the parties that the
Property may be subdivided following the Development Agreement Date. One or more of
such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to
persons for development by them in accordance with the provisions bf this Development
Agreement. Effective upon such sale, mortgage, hypothecation, 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 contrary.
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,
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.
23
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 similar 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 Constmction 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 subparagraphs of this
Development Agreement are 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
functlons of CITY, and in particular, the CITY's police powers. In this regard, 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 Severabilitv. 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.
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 declaratory relief, specific performance, relief in the .nature of
mandamus and actions for. damages. All of the remedies described above shall be
24
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 Agreement. OWNER and CITY hereby mutually agree to;
and shall hold each other, each other's elective and appointive councils, boards,
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, boards, 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 Leeal Challenge. 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 action 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 shalt
pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any
such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of
any such legal actlon.
30.7 Public Agency 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 parcel or subdivision
maps (whether tentative, vesting tentative or final), building permits, occupancy
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
25
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 againsf 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 CITY shall not be
obligated to insfitute a lawsuit or other court proceedings in this connection:
30.9 Attome sue. 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 Notice To OWNER: Any notice requited 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:.
CREA/Nexus Anaheim Corners, LLC.
9381 Judicial Drive, Suite 100
San Diego, CA 92121
Attention: Eric Heffner
26
or such changed address as OWNER shall designate in writing to CITY
30.12.2 Notice 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 Attorney
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 marked 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 care of the
City Clerk at the above address with copies likewise so mailed to the City Manager and
the City Attorney, respectively and also in care 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 effective in the absence
of this Section.
30.13 Captions. The captions of the paragraphs and subparagraphs 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 parties in carrying out the terms of
this Development agreement shall not unreasonably be withheld.
30.15 Further Actions and Instmments. 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
27
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 of the Development Agreement Date. Accordingly, subject
to Section 23.1 above, to the extent that subsequent amendments to the Govemment 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, constmction 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,
un]ess 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 Mortga ee, Right of Mortgagee 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 (]0) 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,
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 oY
non-compliance if such Mortgagee commences cure during such thirty (30) day period,
and thereafter diligently pursues and completes such cure.
28
30.21 Bankruptcy. 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 Disaffirmance
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
ar 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
requesfing 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;
30.223 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 are 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,
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 Undertaking. 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
29
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 Restricfions. Property OWNER shall place in any agreements to sell or
convey any interest in the Property or any portion thereof, provisions making the terms bf
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 Recordine: 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 Renort 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 Propertydated 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 Successors and Assiens. 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
30
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, are 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 year first above written.
"CITY" "OWNER"
CITY OF ANAHEIM, a
municipal corporation
By:
Mayor
ATTEST:
SHERYLLSCHROEDER
City Clerk
APPROVED AS TO FORM:
JACK L. WHITE,
City Attorney
54141.2/smann. l 0/26/04/1 gm
CREA/Nexus Anaheim Corners, LLC
a Delaware limited liability company
By: Stadium Lofts, LLC
A Califomia limited liability company
Its Manager
By: Nexus Properties, Ina
A Califomia 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 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 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.
34
EXHIBIT "B"
FINAL SITU 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 Corners, 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 apaFEment condominiums dwelling units located above 2,820 square 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 Boulevard 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 of minimum 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 are on file in
the Planning Department and incorporated herein by this reference.
35
EXFIIBIT "C"
CONDITIONAL USE PERMIT NO. CUP 2004-04906
36
EXHIBIT "D"
PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES
37
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 uti]ities 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 (SCB). 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 =
Number ofmixed-use residential units
The Per-Unit fee is calculated at:
104 775 = $11.42 per Unit
9,175 Units
Per-Unit Fee
38
EXHIBIT "D-2"
FIRE FACILITIES FEE
Residential Uses: $350.00 per unit
Commercial/Office Uses: $ 0.20 per square foot
390 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 paramedic services
made necessary 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
paramedic services and for new and expanded development to contribute its fair share
towards the costs of additional and improved facilities and equipment.
There is a reasonable relationship between. the need for the described fire
protection and paramedic facilities and equipment and the impacts of the types of
development proposed for The Platinum Triangle, for which the corresponding 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 charged, in
that these fire protection and paramedic facilities and equipment provide support for fire
protection .and paramedic services and accommodate additional demand generated by
development.
The cost estimates set forth below are reasonable cost estimates for adding to fire
protection and paramedic 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 paramedic 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.
FIRE FACILITIES AND EQUIPMENT
Fire truck company with equipment $1,000;000
Fire engine company with equipment $ 750,000
Fire station $3,500,000
TOTAL
$5,250;000
39
EXHIBIT "D-3"
GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE
Residential Uses: $8.00 per unit
Commercial/Office Uses: $0.01 per square foot
390 UNITS x $8.00 = $3,120.00
16,956 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 preparation of the Environmental Impact Report
Contract Costs Incurred: $146,000
New pevelopment Allowed in Platinum Triangle:
7,044,300 sq.8. 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 square feet
$146,000/14,384,300 = $A1 per square foot
7,340,000 x $.01=$73,400
$73,400/9175 = $8 per dwelling unit
Planning Entitlement Fee
40
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.
4L
EXHIBIT "D-5"
....:...........
PLATINUM TRIANGLE PARK FEES
Residential Uses: $7055.74 per unit
390 units x $7,055..74 = $2,751,738.60
Park fees are established by implementing various values identified for The
Platinum Triangle into the Park 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-Marsten 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 Standard 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 apaftniEwt condominium 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 park fee is $7,055.74 per unit.
($2,178,000 + $] 73,913:331 x 2 x 1.5 = $7,055.74 per unit
1,000
Parkland 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 parcels of 8 acres or larger dedicate 44 sq. ft. of
public parkland per each dwelling unit proposed.*** The value of the parkland
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.
42
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.
** As approved by the City Council in Resolution No. 2004R-128, dated June 15,
2004.
*** The square 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 parks within a walking distance of 2.5 to 5 minutes
of each dwelling unit.
43
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 area. The interim fee will be replaced with aone-time capital
facilities fee which will be applicable to the Project.
44
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 I.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 District 26
*Drainage District Maps are available in the Public Works Deparhnent.
45
EXHIBIT "D-8"
TRAFFIC FEE
Residential Uses
Office Uses
Commercial Uses
$871.00
$3,384.00
$10,552.Op
per unit
per 1,000 square, foot
per 1;000 square foot
390 units
6,297 sf office
1000
10,659 sf commercial
1000
x $871.00
x $3,384.00
x $10,552.00
_ $339,690.00
_ $21,309.04
_ $112,473.76
The Supplemental Traffic Fee is based upon the following:
PLATINUM TRIANGLE TRAFFIC IMPACT FEE CALCULATION
PM
PEAK AVERAGE CAPACITY COST PER IMPACT
UN TRIP
LAND USE IT RATE 1 LENGTH (MI) 2 CONSUMED 3 LANE MILE 4 FEE/UNIT S
dw
elli
Residential ng 0.49 1.G7 0.00048086 $ 2;818,092 $ 871
Office tsf 1.36 1.67 0.00133330 $ 2,818,092 $ 3,384
Commercial tsF 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, PHQ&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-af--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 (If) of project length
$387.13 per If (no landscape costs included)
$2,044,039:00 costt Bost per mile
$774,053.00 row cost per mile
5 Impact Fee is exclusive of Citywide Traffic and Transportation Improvement Fee, which also is
due.
46
EXHIBIT ~„E~,
Development Agreement No. DAG 2004-00002
j
DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS,
As a condition of approval of Development Agreement No. 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 earlier of either the sale of the first residential dwelling unit or the
issuance of the temporary or permanent "Certificate of Occupancy" for the first
residential dwelling unit, OWNER shall execute and record with the Orange County
Recorder a declaration of covenants, conditions and restrictions (CC&Rs") shall be
submitted to the Planning Deparhnent and approved by the City Attorney's Office
creating maintenance obligations for an incorporated association ("Association") to
establish a financial mechanism or financial mechanisms to maintain those areas and
facilities (collectively referred to hereinafter as the "Maintenance Obligations"), which
include:
a. Private Alleyway/Connector Street at the west boundary of the project
including sidewalks, parkway landscaping and imgation, street lighting; signage;
striping and all other appurtenances to the private alleyway/connector street!
b: Private sewer and storm drain lines, together with all appropriate
appurtenances including, but not limited to, area drains; inlets; and catch basins,
grease interceptor, and clean outs: -
c. ' All landscape improvements within the boundaries of the Project,
including al] trees and tree wells, shrubbery and any and all special landscaping.
d. .'
e. All hardscape improvements within the boundaries of the Project.
f. Parkway landscaping and irrigation (Connector Street, Katella Avenue,
State College Boulevard and Wright Circle):
g. Parkway hardscape (Connector Street, Katella Avenue, State College
Boulevard and Wright Circle).
h. Onsite fountains and art elements.
i. Enclosed parking structure with mailfacilities, rubbish collection areas;
and bicycle storage.
j.
47
k. HVAC equipment in each dwelling unit associated mechanical equipment
in common roof areas.
1. Recreational amenities areas including pool & spa, barbecue areas,
clubhouse meeting room(s), sauna, workout room.
m. Public restrooms.
n. Site lighting systems.
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.
Until such time as the Association is formed, the CC&Rs are recorded, and the
Association has assumed responsibility to perform the Maintenance Obligations,.
OWNER shall be responsible for the performance. of the Maintenance Obligations,
including any additional obligations which maybe specified herein. Reconveyance of all
or part of any property interest therein established for the common enjoyment of the
residents in the Project to a party other than the Association shall require (i) the prior
written consent of the City, (ii) appurtenant easements over the said property for the
benefit of each and every lot in the Property and (iii) that the reconveyance expressly
affirm that the provisions of Civil Code Section 1367 relating to lien rights to enforce
delinquent assessments and the CC&Rs shallsemain applicable.. The CC&Rs may
provide any of the Maintenance Obligations may be assumed by a duly formed Platinum
Triangle Infrastructure and/or Maintenance Assessment District subject to CITY's written
approval...
The covenants and restrictions set forth herein constitute a general scheme for the
development, protection and maintenance of the Property. Said covenants and
restrictions are for the benefit of the Property and shall bind all successor owners thereof.
Such covenants and restrictions shall be a burden upon, and a benefit to, not only the
OWNER but also its successors and assigns. All of such covenants and restrictions are
intended to be and shall be declared to be running with the land or equitable servitudes
upon the land, as the case maybe.
The CC&R's shall provide that termination of the CC&R's or amendment of any
provision thereof, which may negatively impactperformance of the Maintenance
Obligations, shall require prior written consent of the City. Termination of this Declarant
with regard to Declarant's independent obligations in connection with development and
46
approval of the Project or with regard to obligations and liabilities incurred prior to such
termination.
49
EXHIBIT "F"
PRELIMINARY TITLE REPORT "" '' ° "°
50
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
ADNST UTILITIES TO GRADE 1 LS @ 2,000 2,000
DRIVEWAY APPROACH 380 SF @ 7.50 2,850
REMOVE EXISTING DRIVEWAY APPROACH 380 SF @ 7A0 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
51
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VAR 4192
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CEROMET INC RCL 70.71-14 rawz00salwa RLL fi5-06-25 p) fla esae.n a
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CUP 7883 RCLB&7084
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SMALL INDUSTRIAL
FIRMS T-CUP IBB3-01616 cuP t7z1 CUP 1635
DA5 CUP 200&OIBM VAR 128] ANAHEIM HILLS
T-CUP 2082-01608 VAR 1252 TRAVELODGE
FAMILY TREE TCUP 2000-0/218 VAR 3803
PRODUCE
qLL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) zONE.
Conditional Use Permit No. 2005-05049 -' Subject Property
Date: January 23, 2006
Scale: Graphic
Requested By: FREMONT INVESTMENT Q.S. No. 164
REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
FOR AN OFF-SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
5635 East La Palma Avenue -Cinema City Theatres zt3t
Conditional Use Permit No. 2005-05049 Subject Property
Date: January 23, 2006
Scale: Graphic
Requested By: FREMONT INVESTMENT Q.S. No. 184
.REQUEST TO PERMIT STORAGE OF VEHICLES WITHIN AN EXISTING PARKING STRUCTURE
FOR AN OFF-SITE AUTOMOTIVE DEALERSHIP WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPAGES.
5635 East La Palma Avenue -Cinema City Theatres
2131
Staff Report to the
Planning Commission
January 23, 2006
Item No. 8
8a. CEQA NEGATIVE DECLARATION (Motion)
8ti. WAIVER OF CODE REQUIREMENT (Motion)
8c. CONDITIONAL USE PERMIT IJO. 2005-05049 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 5.6-acre property has a frontage of 275 feet on the north side of La
Palma Avenue, a maximum depth of 888 feet and is located 296 feet west of the centerline
of Imperial Highway (5635 East La Palma Avenue -Cinema City Theatres).
REQUEST:
(2) The applicant requests. approval of a Conditional Use Permit under authority of Code
Section 18:120.100.050.0527 to permifstorage of vehicles within an existing parking
structure fot an off-site automotive dealership with waiver of:
SECTION NO. 18.42:040.010 Minimum number of Darking spaces
(565 required; 476 existing and recommended
by the City's independent parking and traffic
consultant)
BACKGROUND: r
(3) This property is developed with an indoor theater complex, is zoned SP94-1 (DA 5) (SC)
(Northeast Area Specific Plan; Commercial Area) (Scenic Corridor Overlay) and is
designated for General Commercial land uses on the Anaheim GeneraC This property is
also located within the Merged Redevelopment Project Area
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions have occurred on the subject property:
(a) Conditional Use Permit No. 2003-04822 (to permit an amusemeht arcade within an
existing movie heater) was approved by the Planning Commission on February 9,
2004:
(b) Conditional Use Permit No. 3414 (to permit the expansion of a multi-screen indoor
theater complex with roof-mounted equipment and to consttuct a 29-foot high
parking structure with waiver of minimum number of parking spaces 899 required;
668 proposed) and minimum landscaped setback adjacent to a railroad tight-of-way)
was approved by the Planning Commission on JuIy29, 1991.
(c) Conditional Use Permit No. 3240 (to permit a dhurch to use the theatre facility, with
waiver of minimum number of parking spaces (862 required; 562 ptoposed)was
approved by the Planning Commission on January 20; 1990 fora' 3-year period.
.This Conditional Use Permit ezpiredbn January 20; 1993 and the church is no
longerin operation.
(d) Conditional Use Permit No. 2905 (to permit a 40-foot high, 10-screen, indoor theater
complex with waiver of minimum number ofparking spaces (757 required; 526
proposed) was approved by the Planning Commission on August 17, 1987. On
February 13, 1989, the Planning Commission reviewed and approved revised plans
Page 1
Staff Report to the
Planning Commission
January 23, 2006
Item No. 8
to permit a 55-foot high, 10-screen theater complex with roof-mounted equipment
and waiver of minimum number of parking spaces 788 required; 412 proposed)..
{e) Variance No. 3892 (to waive the requirements pertaining to signs td construct a 242
square foot freestanding sign and two (2) 152 square foot roof signs) was approved
by the Planning Commission on January 16j 1989.
PROPOSAL
(5) The applicant is requesting approval of a conditional use permit to permit storage of vehicles
within an existing 21,047 square foot (190-space) parking structure for an off-site automotive
dealership (Simpson Buick Pontiac GMC).
(6) :The site plan (Exhibit No: 1) indicates that the property is currently. developed with a 49,060
square foot theatercomplexahd a 21,047 square fdotparking'st~ucturei The applicant has'
indicated that the entire parking structure would be used for the storage ofbehicles from the
off-site automobile dealership.
(7) Vehicular access is provided by two existing driveways adjacentto La Palma Avenue.. The
site`plartand survey from. the City's independent traffic engineer indicates a total of 666
existing parking spaces on-site including the parking. structure: and parking spaces available
by agreement: With the proposed use of 190 parking spaces in the parking structure for the
storage fecility, there are 476 existing spaces remaining available for the theater use (398
surface spaces on-site, 43 parking spaces available withan agreement from the adjacent
bank property and 35 spaces within a parking easement agreemenfwith the adjacent
commercial center to the east): Since the original approval, the theater has remodeled the.
Page t
Staff Report to the
Planning Commission
January 23, 2006
Item No. 8
interior of the theater resulting in aYeduction in the number of seats. Based on thin
modification, Code requires a minimum of 565 parking spaces based on 0:3 parking spaces...
per theater seat (1,795 seats) plus two (2) employee spaces per screen (13 screens). Since
theprior conditional use permfapproval, the parking lot has tieen re-striped resulting in`a
change in the number of parking spaces provided oh-site: The current count reflects actual
usable parking spaces incompliance with code requirements. `
(8) Sign plans were not submitted as part of this application nor is any signage proposed for the
parking garage.
(9) The applicant has indicated in the letter of operation .and project description that the parking
structure is to be used as a storage lot far new vehicles from the Simpson Buick, Pontiac,
and GMC dealership located in Anaheim: The entire parking structure will be used for
storage of vehicles. The applicant has indicated that the parking structure will be secured
with steel roll up doors and gated stair wells. The applicant has further indicated that a
security company will patrol the site frequently duringthe evening and early morning hours
and that no employees will be on-site. The hours of activity for the parking structure would
be 7:00 a.m. to 11:00 p.m., 7 days a week. Vehicles that are needed from the storage.
facility fore customer would be picked up by a sales person from the dealership? The
applicant has stipulated that there would not be any truck deliveries of vehicles to the site;
as these deliveries occur at the auto dealership: The vehicles are individually driven to the
situ.
ENVIRONMENTAL IMPACTANALYSIS;
(10) Staff has reviewed the`proposal end the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significanfenvironmental impact and; therefore,
recommends thafa Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independentjudgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received during
the public review process and further finding on the tiasis of the Initial Study and any
comments received that there is no substantial evidence that the project will have a
significant effecfon the environment.
EVALUATION:
(11) Storage of vehicles within an existing parking structure for an off-site automotive dealership
is permitted in the SP94-1 (DA 5) zone subject to the approval of a conditional use permit:
(12) The waiver pertains to the minimum number of parking spaces: Code requires a minimum
of 565 spaces for the existing theater use. Plans indicate 476 spaces provided.. The City's.
independent Traffic Consultant has prepared the parking analysis'and has determined that
the proposed parking area would be sufficient for the proposed uses on therprbperty, Based
upon the information provided by the'applicant and upon the recommendation of the City's
independent Traffic Consultant, staff recommends approval of this waiver based on the
following findings:
(a) That the waiver, under the conditions imposed; if any, will not cause fewer off-street
parking spaces to be provided for such use than fhe number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
Page 3
Staff Report to the
Planning Commission
January 23, 2006.
Item No. 8
All of the parking spaces will be provided on-site in the surface parking lot or in the off-
site shared parking lots. The parking demand of this particular theater has been
observed to be lower than the City's Municipal Code.
(b), That the waiver, under the conditions imposed, ifany, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
There is nd curbside parking allowed along La Palma Avenue along the project.
frontage.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand fore
parking spaces upon adjacent private property in the immediate vicihitybf the
proposed use. -
All of the parking will beprovided within the site's surface parking lot br in the two off
site lots that have allocated spaces for the theater use.
(d) That the waiver, under the conditions imposed; will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
The off-street parking area is providing sufficient parking for this use. The drive aisles
through this site are sufficient toadcommodate the site's anticipated traffic, and no
congestion is enticipated;es`a result of the re-alldcation of the parking structure to
uses other than fdr theater parking;
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjaceht properties vpbn the public streets in the immediate vicinty of the
proposed use.
The site will not impact the ingress or egress from any adjacent uses to the public
street ,
(13) The applicant has indicated that due to its location antl limited visibility, customers have not
traditionally used the parking structure. Due to the lack of Use, the parking structure has
been closed and secured with roll-up doors since at least February 2005. Moreover, the
reduction: in the number of seats within the movie theater further reduces the need for the
structure; Therefore, staff. is cdnfident that the parking study donducted by the City's
consultant adequately assessed the situaEion that would exist if the proposal was approved
since the structure is currently not in use.
(14) The applicanthas indicated that the storage of vehicles is limited to a one-year period with
the possibilitybf an extension: Given the limited duration of theproposed stbrage facility,
the lack of usebf the parking structure, and the'patking demand study approved by the
City's independent Traffic Cdnsultant, staff'recommends that ttie sutijecf use be approved
for a period of one-year to expire on January 26, 2007:.
FINDINGS:
(15) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces
Page 4
Staff Report to the
Planning Commission.
January 23, 2006
Item No. 8
necessary to accommodate all vefiicles attributable td such use under the'normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver; under the conditions imposed, if any, will not increase the demand
', and cdmpetition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d); That the waiver, under thebonditions imposed, will not increase traffic congestion.
within the off-street parking areas or lots provided for such use.
(ep That the waiver, under the conditions impbsed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use,
', Unless conditions to the contrary are expressly imposed upon the granting. of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon;
operation of the proposed use in oonformance with theessumptions relating to the operation
and intensity pf the use as contained in the Parking: Demand Study that formed the basis for a
approval of the waiver. Exceeding, violating, intensifying or otherwise'deviating from'any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated
Revocation or Modification of Permits),
(16) Before the Commission`grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlistedLSe as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use wilt not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site 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 the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets end highways designed and improved to carry the traffic in the area; and
i (e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(17) Staff recommends that, unless additionalbr contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
` Page 5
Staff Report to the
Planning Commission
January 23, 2006
Item No. 8
that the Planning Commission approve the petitioner's request by taking the following
actions:.
(a)', By motion, approve a Negative Declaration for the project.
(b) By motion, aobrove the waiver pertaining to the minimum number of parking
spaces based on the findings outlined in the parking study prepared by the City's.
Traffic Consultant.
(c) By resolution, approve Conditional Use Permit No. 2005-05049 to permit storage of
vehicles within an existing parking structure for an off-site automotive dealership for a
a period of one year to expire January 23; 2007., by adopting the attached
resolution including the findings and conditions contained herein;
Page fi
[DRAFT]
RESOLUTION NO. PC2006--***
A RESOLUTIOMOF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05049 BE GRANTED
(5635 EAST LA PALMA AVENUE -CINEMA CITY THEATRES)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, Countyof Orange, State of California,
described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 84, PAGE(S) 5, 6, 7 AND 8 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.'
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 23, 2006, at 2:30 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, investigationand studymade 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 18.120.100.050.0507 with the following waiver.
SECTION NO. 18.42.040.010 Minimum number of oarkina spaces
565 required; 476 existing and recommended by
the City's independent parking and traffic
consultant).
2. That the parking waiver is hereby approved based upon a parking analysis prepared by the
City's independent traffic engineer who has determined that the proposed parking area referenced in the
study would be sufficient for the proposed uses on the property
3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use because the observed parking demand is lower that the City's code requirement, ahd all of the site-
required parking spaces will be provided on-site.
4. That the parking waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the use as there is no
curbside:parking allowed along La Palma Avenue.
5. Thafthe parking waiver; under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use because the off-street parking is
sufficient for this use, the drive aisles through the site are sufficient to accommodate the site's anticipated
traffic and no congestion is anticipated as a result of the re-allocation of the parking structure to
accommodate the storage of vehicles.
6. That the parking waiver, under the conditions imposed if any, will not increase the demand
and competition for parking spaces upon adjacent private property (which prdperty is hot expressly provided
as parking for such use under an agreement) in the immediate vicinity of the proposed use as all parking will
Cr\PC2006-0 -1- PC2006-
be provided within the site's surface parking lot or in the two off-site lots that have allocated spaces for the
theater use.
7. That the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
8. That the parking structure proposed for vehicular storage has not been'used for some time,
and the parking was found to be adequate without it, thereby supporting the conclusion that the surface
parking provided on-site is adequate for the demand generated by the theater.
9. 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 because the parking spaces used for the
proposed storage facility are in excess of those required for the existing land use on the property.
10. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner ndt detrimental to the particular area
1 t 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.
12. 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 Planning
Commission has reviewed the proposal to permit storage of vehicles within an existing parking structure for
an off-site automotive dealership with waivef of minimum number of parking spaces; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the indepehdehtjudgment 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
safety and general welfare of the Citizens. of the City of Anaheim:.
1. That the temporary storage of vehicles is approved for a period of one (1) year td expire on
' January 23, 2007:
2. That the hours of operation for the storage and retrieval of vehicles shall be limited to 7:00 a.m. and
11:00 p.m., daily: Said retrieval shall be conducted in an orderly and safe manner through the parking
lot.
3. That in the event any unloading of vehicles needs to occur, it shall occur do-site only, and shall not
take place in any required parking area or within the public right-of-way. If on-site unloading through
large car carriers or trucks is proposed, a plan indicating where the unloading would occur shall be
submitted to the Planning Department, Planning Services Division for review and approval:
4. That no activity other than vehicle storage shall occur do the property. No vehicle repair, sales, rental,
washing, detailing shall be permitted.
5. That the number of seats in the theater shall be limited to one thousand, seven hundred and ninety-five
(1,795) as stipulated to by the applicaht.
-2- PC2006-
6. 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 Exhibit No. 1 as conditioned herein.
7. That prior to commencement of the activity, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 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 of the Anaheim Municipal Code.
6. 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 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 15 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
January 23, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 23, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3- PC2006-
Attachment -Item No. 8
CITE A CITE' T EAT S
Pry NG STLT Y
5635 East La Palma Avenue
Anaheim, California
Prepared for:
Prepared by:
Rafiq &
Hssociates, Inc.
January 2006
Table of Contents
Section Page
I. Introduction 1
II. Project Location 1
III. Site Description 1
a. Existing Site 1
b. Proposed Site 1
c. Characteristics 1
IV. Site Uses 2
a. Off-Site Parking Agreements 2
V. Parking Requirements 2
VI. Site Parking Counts 3
VII. Methodology of Study 3
VIII. Findings 4
IX. Recommendations and Conclusions 4
X. Appendix A: Parking Counts 5
I. Introduction
This Parking Study has been prepared to determine whether the existing parking structure
is needed to serve the Cinema City. Theatres. When the parking structure was
constructed,. the theater had 2,464 seats. During a recent renovation to all-stadium:.
seating, the number of seats has been reduced to 1,795. Another theater has since been
constructed six miles away, also serving Anaheim Hills.
IL Project Location
The Cinema City Theatres site is located at 5635 East La Palma Avenue. It is one block
west of the intersection of Imperial Highway and La Palma Avenue, .and within one-
quarter mile of the State Route 91 Freeway at Imperial Highway.
III. Site Description
a. Existing Site
The Cinema City Theatres site is situated on the north side of La Palma Avenue.
It has two .access driveways. The easterly driveway is a signalized access, which
is a shared .access with the adjacent Imperial Promenade retail center: The
westerly access is a right-in/right-out access onto La Palma Avenue. There are
three connecting .drive aisles between the Cinema City Theatres site and the'
Imperial Promenade. Directly across La Palma Avenue from this site is another
retail center, the Anaheim Hills Village.
b. Proposed Site
No changes are proposed to the site at this time, other than the re-purposing of the
parking structure for use by others.
c. Charactei•isfics
The Cinema City Theatres is a 13-screen theater. .The Imperial Promenade. is a_
retail center with restaurants, a bank, coffee shop, and retailuses. There are signs
posted with parking7estrictions in the Imperial Promenade, to discourage theater
patrons from parking on the Irnperia] Promenade site: It is our understanding
from City staff, that these two sites have separate owners, who have only a
reciprocal access agreement for ingress and egress along the shared driveway.
The bank has 43 parking spaces that it shares with the theater, in a reciprocal
parking agreement. There are an additional 35 parking spaces available at a site
to the east of the theater, in a recorded parking easement agreement.
IV. Site Uses
The Cinema City Theatres have 13-screens and approximately 1,795 seats. The surface parking
lot contains. 398 parking spaces. Per the previous parking study prepared by LLO, the' parking
stmcture just north of the theater contains 190 parking spaces. The parking stmcture has been
locked and unavailable for theater patrons for some time.
This theater recently instituted self-serve, un-staffed ticket booths, which sell tickets to all
customers. This machine accepts cash and charge cards. The maximum number of employees
onfite at the Cinema City Theatres during the day is five and at night, eight, per City staffs
conversation with the theater manager. The manager also stated that the employees are generally
teenagers, who are dropped-off, and do not drive themselves to work at the theater.
a. Off-Site Parking Agreements
There are 35 parking spaces available in a recorded parking easement agreement and 43
parking spaces available in a reciprpcal parking agreement. The total offsite spaces
available are 78:
V. Parking Requirements
Per the City of Anaheim Municipal code., Section 18.42.040. Recreational, Commercial Indoor,
Theaters-Multi-Screen Motion Picture, 0.3 spaces per seat or per patron are required; whichever
results in a higher number, plus 2 employee spaces per screen.
Calculation of Parkins Spaces Required by Code
Theater Parking Rate Spaces Required by
Code
1,795 seats 0.3 s aces/seat'-- 539 Patrons
13 screens 2 s aces/screen 26 Em to ees
Total re aired b Code 565 '
Tabulation of arkin s aces available for theater atrons without arkin structure)
Location Number of existin s aces
Onsite surface arkin ` 398'
Recorded Parking Easement Agreement 35
Reciprocal Parking Agreement 43
Total surface arkin available 476
Adding the surface parking and offsite parking from the two agreements results in a total of 476
available parking spaces, which results in a shortfall of 89 parking spaces, based on the Code-
required parking. The number of employee parking spaces is overestimated by the Code, as this
Cinema City Theater Parking Study 2 Rafiq & Associates, Inc.
theater employs a maximum of eight employees, which is considerably less than the 26 assumed
in the Code.
VL Site Parking Counts
Parking counts were taken by Southland Car Counters on four nights in December to reflect the
peak demand due to holidays and school breaks. The counts are provided in Appendix A.
VII. Methodology of Study
Based on the number of occupied parking stalls during peak and non-peak periods, the observed
parking ratio are compared with the Municipal code's parking ratio.
The maximum observed number of occupied parking spaces during the four nights counted, was
356 spaces at 8:00 PM on Saturday December 17, 2005. The timeframe for the parking counts
was chosen to provide an observation of the peak holiday crowd, and is considered to be a
"worst-case" scenario. Compared to the 398 existing surface parking spaces available, the
spaces in the surface parking lot were only 89% utilized at 8:00 PM on a Saturday during the
holiday peak period.
The observed parking ratio is then obtained by dividing 356 occupied spaces by 1,795 seats, to
achieve 0.20 spaces per seat.. This.. assumes that all parking in the surface lot is occupied by
theater patrons, and that employees do not drive, or have parked in one of the offsite lots. The
observed parking ratio is much lower than the City's code.
VIII. Findings
The number of existing surface parking spaces occupied onsite during the peak holiday period
was 89%. The parking ratio observed at this theater was .0.20. spaces per seat, which is
considerably lower than the Municipal. Code.. Due to implementation of self-serve ticket
dispensing machines, the number of employees required onsite (eight on duty at night) is
considerably less than the Municipal Code assumes (two per screen, or 26):
There are several possible explanations for the reduced parking demand that has been observed:.
The variety of movies .shown at this theater are predominantly geared towards families and
children. Of the nine movies showing during the holiday period, .one was rated G, two were
rated PG, four were rated PG-13 and two were rated R. Families typically have a higher vehicle
occupancy. rate than couples. Also, it is not uncommon for parents to drop off their children
during the holiday period, rather than accompany them, resulting in a reduced parking demand.
Also, the opening of a more modern theater within six miles, has created a reduced demand at
this theater.
Based on the parking counts taken and the review of the Cinema City Theatres site, the following:
findings for a variance from the Municipal Code for non-residential parking are made, below:
Cinema City Theater Parking Study 3 Rafiq & Associates, Inc.
Finding18.42.110.0101: That the variance, under the conditions imposed, if any, will not cause
fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessazy to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use.
All of the parking spaces will be provided onite in the surface' parking lot or in the
offsite shared parking lots. The parking demand of this particular theater has been
observed to be lower than the City's Municipal code.
Finding 18.42.110.0102: That the variance, under the conditions unposed, if any, will not
increase the demand and competition for parking spaces upon the public streets in the immediate
vicinity of the proposed use.
There is no curbside parking allowed along La Palma Avenue along the project frontage:
Finding 18.42.110.0103: That the variance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use (which property is not expressly provided as parking for
such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential
Uses- Exception)
All of the parking will be provided within the site's surface parking lot cr in the two
offsite lots that have allocated spaces for theater use:
Finding 18.42.110.0104: That the variance, under the conditions imposed, if any, will rzot
increase traffic congestion within the off-street parking areas or Zots provided for the proposed
use.
The off-street parking area is providing sufficient parking for this use: The drive aisles
through this site are sufficient to accommodate the site's anticipated traffiq and no
congestion is anticipated, as a result of the re-allocation of the parking structure to uses
other than for theater parking.
Finding 18.42.110.0105: That the variance, 'under the conditions imposed, tf'any, will not
impede vehicular ingress to'or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use:
The site will not impact the ingress or egress from any adjacent uses to the public streets.
IX. Recommendations and Conclusions
The Cinema City Theatres site has an observed parking demand considerably lower than .the
City's Municipal Code. All of the findings for a variance from the City's Municipal Code have
been met.
Cinema City Theater Parking Study 4 ltafiq & Associates, Inc.
Appendix A Parking Counts--Holiday Period
Cinema City 5635 East La Palma-Anaheim
Project #: 05-1265-001 Date: 12/16/2005 _
Fri
Area A B C D E F Total
S aces 212 17 47 50 16 56 ssa
5:00 Pflfl 194 18 35 27 0 25 2ss
6:00 PflA 211 18 32 37 0 26 3za
7:00 PflA 198. 15 37 36 0 31 317
8:00 Pllfl 186 14 40 36 0 37 313 -
9:00 PM 182 11 40 34 0 34 3of
10:00 Pill 178 11 32 26 0 26 z73
total Available
dax.Occupied
A: 200 Std. & 12 HCSpaces
Layout of Parking Areas (north is up; La Palma Avenue is down)
promenade
site)
Anaheim Hills Village across street
Cinema City 'Theater Parking Study 5 Rafiq & Associates, Inc.
right inlout access signalized access
La Palma Avenue
Appendix A (Continued) Parking Counts-Holiday Period
Cinema City 5635 East La Palma-Anaheim...
Project #: 05-1265-001 Date: 12117/2005
Sat
Area A B C D E F otal
S aces 212 17 47 50 16 56 3sa
5:00 Pflfl 198 14 41 33 0 38 324
6:00 PM :207 14 41 35 0 39 336
7:00 PM 213 18 44 39 0 41 353
8:00 PM 215 17 44 39 0 41 ass
9:00 Pflll 190 16 35 23 0 30 2s4
10:00 PM 184 12 31 19 0 24 270
Total Availahle
Max.Occupied
A: 200 Std. & 12 HC Spaces
356 was the maximum observed number of parking spaces occupied throughout the four
day count period.
Cinema City Theater Parking Study 6 Rafiq & Associates, Inc.
Appendix A (Continued) Parking Counts--Holiday Period
Cinema City 5635 East L.a Palma-~.naheim
Project #: 05-1265-001 Date: 12/23/2005
Friday..
Area A B C D E F Total
S aces a~a 17 a~ so ~s ss ssa
5:00 PM 166 14 25 27 0 16 - 248
s:00 PM 143 14 28 24 0 18 z27
7:00 PM 131 14 24 20 0 14 203
8:00 Pflfl 129. 14 19 18 0 12 192
9:00 PM 120 14. .17 15 0 6 172
10:00 Pllfl 109 11 14 ' 13 0 5 152
A: 200 std. & 12 HC spaces
total Available
Haz. Occupied
Cinema City Theater Parking Study 7 Rafiq & Associates, Inc.
Appendix A (Continued)Parking Counts-Holiday Period """
Cinema City 5635 East La Palma-Anaheim
Project #: 05-1265-001 Date: 12/30/2005
Friday
Area A B C D' E F Total
# of S aces 212 17 47 50 16' 56 3sa
5:00 PnA 189 _11 31 24 0 17 2~z
6:00 PM 185 13 32 24 0 19 273
7:00 PM 171 14 32 25- 0 19 261
8:00 PM 167 14 31 19 0 17 248
9:00 PM 151 14 29 17 0 12 223
10:00 Pnfl 134 14 27 13 0 8
A: 200 Std. & 12 HC Spaces
total Available
dax. Occupied
196
Cinema City Theater Parking Study 8 Itafiq & Associates, Inc.
ITEM NO. 9
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J2
0
AUTO REPAIR
8 RENTAL
I
RCL 99-00-15
(Ras. of Inl. to SE)
RCL 66-fi7-14
RCL 59-60.23
T-CUP 2002-04579
T-CUP 2001-04446
TINUM TRIANGLE MIXED USE OVERLAY) ZONE
/ ~
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S~
W
I
~i
Subject Properly
Date: January 23, 2006
Scale: Graphic
Requested By: THE SHOPS AT STADIUM TOWERS Q.S. No. 117
REQUEST WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES
1B1) PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN
RCL 900-15
{Res, of Inl. to 9E)
RLL 70.71-26
RCL 70.71-27
STADIUM PLAZA
BUSINESS PARK
SMALL IND.
FIRMS
> '
¢ I
~ RCL 99-00.15
w (Res. of Int. to SE)
> RCL 70-71-28
~ RCL 70-71-27
~ I
SMALL IND
FIRMS
m
.
SINCLAIR ST
6H
RCL 2004-00127
RCL 99-00.15
(Res. of Inl. to SE)
RCL 9&84-19
'Sp VAF
~F(~ OFFlC
rg~"A ~L~
aSE~'1''aA
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~~
IND. FIRMS
j PJ~NVE
~~~~~
ALL PROPERTIES ARE IN THE PTMU
Variance No. 2005-04675
2135
. Staff Report to the
Planning Commission
January 23; 2006.
Item No. 9
9a. CEQA NEGATIVE DECLAR,4TION (Motion for continuance)
9b. VARIANCE NO. 2005-04675
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 2.4-acre property has a frontage of 600 feet on the south side of
Katella Avenue, a maximum depth of 480 feet and is located 37 feet east of the centerline
of Howell Avenue (2410-2420 East Katella Avenue -Stadium Towers Plaza).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005-04675 -Request waivers of (a) minimum number of parking spaces, (b)
permitted number of tenants on a monument sign, {c) maximum number of monument
signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f)
permitted location of wall signs, and (g) maximum height of lettersllogos on wall signs to
waive minimum number of parking spaces and permitted signs for apreviously-approved
commercial center.
BACKGROUND:
(3) This property is currently developed with an office building and a freestanding restaurant
and is zoned C-G (General Commercial). The Land Use Element Map of the Anaheim
General Plan designates this property for Mixed Use land uses. Surrounding properties to
the east; west and south are also designated for Mixed Use land uses, and to the north
(acrdss Katella Avenue) for Office High land uses..
(4) The applicant, John Hill, has submitted the attached letter dated, January 11, 2006;
requesting a continuahce to the february 6; 2006, Commission meeting in order to
complete revisions to the parking study and sign program.
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the February 6, 2006, Planning
Commission meeting..
SR-VAR2005-04675 (con't)akv
Page 1
Attachment -Item No. 9
Amy,
Per our conversation this morning, we would like to request a continuance for our Parking and
Sign Variance submittal (VAR2005-04675). Currently we are scheduled for the January 23rd...
Planning Commission Hearing, but based on additional comments from the city's traffic
consultant we understand that meeting the deadline for the January 23rd hearing date is not
possible and would like to request that we push our hearing date back to the February 6th
Planning Commission Hearing.
If there are any additional items that need to be resolved or that arise before our new hearing
date, please let us know.
Thank you for your help.
Sincerely,
Peter Louis
rho
rahinson hill architecture, inc.
A California Corporation
3195 0 Aitpon Loop Drive
Casts Mesa, CA 92626
www, rh sine. net
E-mail: louis rr rhainanet ~ Telephone: 714. 825. 8888 ~ Facsimile: 714. 825. 8889