Resolution-PC 2007-126•
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RESOLUTION NO. PC2007-126
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT NO. 2007-00003 BY AND
BET~VEEN THE CITY OF ANAHEIM AND KAISER
FOUNDATION HOSPITALS, AND MAKING CERTAIN
FINDINGS RELATED THERETO
(3400 - 3450 EAST LA PALMA 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 contract which is called a development agreement in order to
establish with certainty what regulations will govern the construction of a development; and
WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city,
heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23,
1982, making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures
Resolution") establishing procedures and requirements for the consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment 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 sets forth a vision for development of Mixed Uses,
Office High, Office Low, Industrial, General Commercial, and Institutional land uses within an
approximately 2,645-acre area generally bounded by by the Riverside (SR-91) Freeway on the
south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial
Highway on the east ("The Northeast Area"); and
WHEREAS, in order to carry out the goals and polices of the General Plan for The
Northeast Area, on August 22, 1995, the City Council adopted Resolution No. 95R-155 to approve
Specific Plan No. 94-1, setting forth the new vision for The Northeast Area; and
WHEREAS, the applicant requests a Development Agreement between the property
owner and the City of Anaheim to implement all development within the proposed Kaiser
Permanente Orange County Anaheim Medical Center (hereinafter "Project") in the SP 94-1,
Development Area 4 zone; and
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WHEREAS, on May 25, 2004, the Anaheim City Council, by its Resolution No.
2004-94, certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
Statement of Overriding Considerations, Mitigation Monitoring Program No. 122 for General Plan
Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring
Program No. 112 for The Platinum Triangle, and the amended monitoring program described as
Mitigation Monitoring Program No. 85a for The Anaheim Resort; detertnined that said Final
Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent
judgment of the City Council, and is adequate to serve as the environmental documentation for (i)
General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029, (iii)
Reclassification No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No.
92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future
discretionary actions described in Environmental Impact Report No. 330, such as Amendment No. 3
to the Northeast Area Specific Plan No. 94-1; and
WHEREAS, on August 22, 2007, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
Law"), Kaiser Foundation Hospitals, (hereinafter "Applicant"), submitted an application to the
Planning Department for approval of Development Agreement No. 2007-00003 (hereinafter the
"Application"), which included a proposed development agreement (hereinafter the "Development
AgreemenY') to vest certain project entitlements and address the implementation of the Project; and
WHEREAS, in conjunction with the Development Agreement, the Applicant also
requests approval of Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-
00048, and Tentative Parcel Map No. 2007-195; and
WHEREAS, the Development Agreement pertains to approximately 27.5 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 3400 - 3450
East La Palma Avenue, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (hereinafter the "Property"), which is located in The Northeast
Area and within the SP 94-1, Development Area 4 zone; and
WHEREAS, the Applicant desires to develop the property with a master planned
campus focused on health care services, which would include a hospital with up to 360 beds,
administrative offices, three medical office buildings, a central utility plant, accessory retail areas,
and two parking structures, as more particularly set forth in Exhibit "B" of the Development
Agreement (the "Master Site Plan") within a period of not more than twenty five (25) years,
Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative
Parcel Map No. 2007-195; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 15, 2007, 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 Development Agreement
and to investigate and make findings and recommendations in connection therewith; and
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WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the evidence and reports
offered at said hearing, does find and determine that the Development Agreement meets the
following standards set forth in the Procedures Resolution:
1. That the Project is consistent with the City's General Plan, in that it is in conformance with the
General Plan Institutional land use designation and with the goals, policies and objectives for
The Northeast Area 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 SP 94-1, Development
Area 4 Zone requirements as set forth in the Master Site Plan, and Conditional Use Permit No.
2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-
195.
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 goals and policies of the Canyon
Area and the SP 94-1, Development Area 4 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 an email
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRqNMENTAL QUALITY ACT FINDING: The Anaheim
Planning Commission does hereby certify Environmental Impact Report No. 2007-00337, adopting
The Kaiser Hospital Environmental Impact Report Findings of Fact and Statement of Overriding
Considerations and Mitigation Monitoring Program No. 147 and determines that said
Environmental Impact Re~ort No. 2007-00337 fully complies with CEQA, reflects the independent
judgment of the Planning Commission and is adequate to serve as the environmental documentation
for the discretionary actions for Development Agreement No. 2007-00003, Conditional Use Permit
No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-
195.
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NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim Planning Commission does hereby recommend to the City
Council the approval of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 15, 2007. / )
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CHA Al~; ANAHEIM P'~NNING COMMISSION
,
ATTEST:
SENIOR Sr~RETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 October 15, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAI~I, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ l~~day of
~~v 6,~- , Zoo~.
~.
SEN1~R SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY:
PARCEL l:
THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A
MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE
NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID LOT TO AN ANGLE PO1NT 1N THE LAND DESCRIBED 1N DEED TO
THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 1N BOOK
2613, PAGE 231 OF QFFICIAL RECORAS; THENCE NORTH 9° 15' 43" EAST
79.00 FEET TO AN ANGLE PO1NT 1N SAID STATE LAND; THENCE NORTH
62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY
2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET
ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56
FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29"
EAST 479.15 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT
RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING
THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231
OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY
LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH
13° 55' 07" WEST 46.02 FEET; THENCE ALONG A NON-TANGENT CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A
TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE
OF 130° 59' S8" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT
SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3
OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST
21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID
STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST
68.49 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT ONE-HALF 1NTEREST OF ALL OIL, GAS AND MINERALS
BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF ENTRY ON
THE SURFACE OF SAID LAND AS RESERVED BY EARL DENNEY AND
FLOY DENNEY, HUSBAND AND WIFE IN DEED RECORDED APRIL 28, 1959
IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS.
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PARCEL 2:
PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT L1NE
ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95-
0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2A:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS
AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE
ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET
AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER
MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN
THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES
TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00"
EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA
AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF
ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS
OF SAID COUNTY, SAID POINT BEING THE TRUE PO1NT OF BEGINNiNG;
THENCE EASTERLY ALONG SAID SOUTHERLY L1NE NORTH 73° 44' 00"
EAST 25.00 FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADNS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC
LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18'
07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 60.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 89° 55' S9" AN ARC LENGTH OF 94.18 FEET TO A POINT OF
TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15
FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY L1NE OF
SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL L1NE SOUTH
3° 45' S4 EAST 1017,06" FEET TO THE NORTH L1NE OF THE SOUTH 12 FEET
OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY
ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE
PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT
RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY
ALONG SAID PARALLEL LINE NORTH 3° 45' S4" WEST 978.30 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADNS OF 95.00 FEET, A RADIAL LINE FROM SAID
NONTANGENT PO1NT BEARS SOUTH 77° 28' 49" WEST; THENCE
NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A
POINT ON A NON-TANGENT LINE, A RADIAL LINE THROUGH SAID POINT
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BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH
86° 18' 07" WEST 81.33 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADNS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' S3" AN ARC
LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO
SAID SOUTH L1NE OF LA PALMA AVENUE; THENCE EASTERLY ALONG
SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE PO1NT
OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID PO1NT
BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE);
THENCE SOUTH 3° 45' 29" EAST ALONG THE WESTERLY L1NE OF SAID
LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29"
WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID
POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED
IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28,
1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST
ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET
TO A POINT 1N THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID
LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY
LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF
THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A PO1NT
iN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER L1NE BEING
THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56
FEET TO THE PO1NT OF BEGINNING.
PARCEL 3A:
THE WEST ONE-THIRD OF LOT 2 AND THE EAST ONE-THIRD OF LOT 3,
BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6,
PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF
THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED MAY 4, 19641N BOOK 7029, PAGE 419
OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE
GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
LY1NG EASTERLY AND NORTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF
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SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE
NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BE1NG ON THE
CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH
03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF
SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID
EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO
FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK
4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
APN: 345-121-06, 345-121-17, 345-121-24, and 345-121-25
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