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Resolution-PC 2007-135• • RESOLUTION NO. PC2007-135 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO. 2006-05093 (2050 SOUTH STATE COLLEGE BOULEVARD AND 2015 - 2125 EAST ORANGEWOOD AVENUE) WHEREAS, the Platinum Triangle Mixed Use (PTML~ Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, allows building heights over 100 feet subject to the approval of a conditional use permit. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit to permit two residential towers up to 350 feet in height as part of the A- Town Stadium master site plan, for certain real property situated in The Platinum Triangle area of the City of Ana.heim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 29, 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 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to permit two residential towers up to 350 feet in height as part of the A-Town Stadium master site plan is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.050. 2. 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 proposed project is compatible with existing and surrounding land uses, and will further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That, with implementation of the mitigation measures set forth in FSEIR No. 332 and its Second Addendum, Mitigation Monitoring Plan No. 142, the approval of the proposed maacimum building heights will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. -1- PC2007-135 • • 5. 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. 6. That no one indicated their presence at said public hearing in opposition; and that two letters were received expressing concerns with the subject petition. CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Conditional Use Permit No. 2006-05093 - to permit two residential towers up to 350 feet in height as part of the A-Town Stadium master site plan; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for the Conditional Use Permit, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its Second Addendum, together with Mitigation Monitoring Plan No. 142, are adequate to serve as the required environmental documentation for this Conditional Use Permit and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2006-05093, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, and 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: BE IT 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 herein set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/developer 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, prior to the issuance of building permits or commencement of activity 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 October 29, 2007. 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. CHA A, ANAHEIM NNING COMMISSION -2- PC2007-135 • ~ ATTEST: SENIOR ~CRETARY, 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 29, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAI~I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of Nw~~~~~ , Zoo~. _-_ SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-135 • • EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL A: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.79 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59' 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT;THENCE SOUTH 89° 59' 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THESOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292 PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17' 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 23' 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOLTND CURVE THROUGH A CENTRAL ANGLE OF 0° ST 19" ; THENCE SOUTH 31° 16' 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADNS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49' 31" TO THE POINT OF BEGINNING. PARCEL Al: A RIGHT OF WAY AND EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SAID LOT 3 IS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A PO1NT 1N A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHERLY 667.79 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3(CENTERLINE OF ORANGE WOOD AVENUE) SAID PO1NT BEING DISTANT NORTH 89° 59' 00" EAST 1031.93 FEET FROM THE WEST LINE OF SAID LOT 3(CENTERLINE OF STATE COLLEGE BOULEVARD); THENCE ALONG SAID PARALLEL LINE NORTH 89° 59' 00" EAST A DISTANCE OF 22.26 FEET TO AN INTERSECTION WITH A CURVE CONCAVE EASTERLY AND HAVING A RADNS OF 344.25 FEET (RADIAL LINE THROUGH SAID INTERSECTION SEARS SOUTH 78° 21' 47" EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 47' 33" AND AN ARC DISTANCE OF 70.85 FEET; THENCE SOUTH 89° 50' 40" WEST 5.00 FEET TO A LINE WHICH IS PARALLEL W1TH THE WEST LINE OF SAID LOT 3; THENCE SOUTH 0° 09' 20" EAST ALONG SAID PARALLEL LINE 411.38 FEET; THENCE SOUTH 89° 50' 40" WEST 10.00 FEET; THENCE NORTH 0° 09' 20" WEST 481.79 FEET TO THE POINT OF BEGINNING. -4- PC2007-135 • • PARCEL B: THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AS DESCRIBED IN THE DEED TO THE OWEN COMPANY, RECORDED APRIL 9, 1963 IN BOOK 6500 PAGE 838, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED BY JiJDGMENT RENDERED ON JiJNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL D: THE WEST 203.67 FEET, MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST LINE OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL RIGHTS, 1TFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN, RECORDED JULY 13, 1965 IN BOOK 7590 PAGE 498, OFFICIAL RECORDS. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COLJNTY, PARCEL E: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFOR1~iIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JiJDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY. -5- PC2007-135 • • PARCEL F: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE OUNTY, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER OF PLACENTIA AVENUE, NOW STATE COLLEGE BOULEVARD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAILROAD PURPOSES AS SET FORTH AND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 10, 1978 1N BOOK 12794 PAGE 1212, OFFICIAL RECORDS. PARCEL G: PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED ON JUNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF ANAHEIM, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 765097, A CERTIFIED COPY OF WHICH BEING RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G1: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION LYING WITHIN PARCEL A AS STATED ABOVE. SAID LAND IS DELINEATED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -6- PC2007-135 • EXHIBIT "B" ~ CONDITIONAL USE PERMIT NO. 2006-05093 Conditions of Approval COA/ MMP Conditions of Approval Responsible for Monitoring COA 1 Final Site Plans shall indicate compliance with the maximum building heights as Planning identified in the Maximum Height Exhibit (Exhibit B-2) of Development Agreement No. 2006-00002 and which is incorporated herein by this reference as if set forth in full. COA 2 Final Site Plans for high-rise towers over 100 feet in height shall show that Planning townhomes, at a minimum height of two stories shall be constructed at the base of each tower structure on all building elevations facing a public right-of-way to screen the parking podium and provide a pedestrian-friendly street edge and scale and further, that the subterranean parking podiums shall contain space for utility equipment rooms. MM Final Site Plans shall demonstrate, where adjacent uses are deemed to be shadow Planning 5.1-1 sensitive (i.e., residential, recreational, outdoor restaurants, and pedestrian areas), that the proposed project would not preclude shadow sensitive receptors' exposure to natural sunlight for at least 50 percent of duration for the season, for at least 50 percent of the shade sensitive area, to the satisfaction of the Planning Director. -7- PC2007-135 • • E, COA 3 That this Conditional Use Permit is granted expressly conditioned upon approval Planning of Development Agreement No. 2006-00002. COA 4 That this Conditional Use Permit, shall be valid for a period of time coinciding Planning with the timing set forth in Development Agreement No. 2006-00002, which provides for the A-Town Stadium project to be developed in up to three (3) development phases commencing from the adoption date of Development Agreement No. 2006-00002 and extending no further than the fifteenth (15) anniversary of the Development Agreement Date provided that milestones are completed as shown in Exhibit E(Development Milestones) of Development Agreement No. 2006-00002. COA 5 That timing for compliance with conditions of approval may be amended by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA 6 That the property owner/developer shall be responsible for compliance with all Planning mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 142 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. COA 7 That approval of this application constitutes approval of the proposed request only Planning 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. -8- PC2007-135