Resolution-PC 2007-136• •
RESOLUTION NO. PC2007-136
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT NO. 2006-00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND PLATINUM TRIANGLE PARTNERS, LLC,
AND MAKING CERTAIN FINDINGS RELATED THERETO
(2050 SOUTH STATE COLLEGE BOULEVARD AND
2015 - 2125 EAST ORANGEWOOD 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 and Institutional land uses within an approximately 820-acre
area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south,
the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company
Easement on the north ("The Platinum Triangle"); and
WHEREAS, in order to cany out the goals and polices of the General Plan for The
Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177,
approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The
Platinum Triangle; and
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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. 5935 amending Title
18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum
Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936,
amending the zoning map to reclassify approximately three hundred and seventy-five acres within
The Platinum Triangle into the PTMIJ Overlay Zone as depicted in The Platinum Triangle Master
Land Use Plan to provide opportunities for high quality, well-designed development projects that
could be stand-alone projects, or combined residential and non-residential uses including office,
retail, business services, personal services, public spaces and uses, and other community amenities
within the area; and
WHEREAS, the PTMU Overlay Zone requires 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 PTMiJ Overlay Zone, except as otherwise exempt under Code;
and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-
179, approving the form of the Standard Development Agreement for the PTMLJ Overlay Zone; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation
Monitoring Program No. 106A in connection with its consideration of General Plan Amendment
No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089
to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to
amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No.
2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North
Net Training Center site and Reclassification No. 2004-00134; and
WHEREAS, on September 4, 2007, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
Law"), Platinum Triangle Partners, LLC, (hereinafter "Applicant"), submitted an application to the
Planning Department for approval of Development Agreement No. 2006-00002 (hereinafter the
"Application"), which included a proposed development agreement (hereinafter the "Development
Agreement") prepared in conformance with the Standard Development Agreement for The Platinum
Triangle to vest certain project entitlements and address the implementation of the A-Town Stadium
Project; and
WHEREAS, in conjunction with the Development Agreement, the Applicant also
requested approval of Conditional Use Permit No. 2006-05093 and Tentative Tract Map No. 16860;
and
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WHEREAS, the Development Agreement pertains to approximately 15.6 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 2050 South
State College Boulevard and 2015 - 2125 East Orangewood Avenue, as more particularly described
in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the
"Property"), which is located in The Platinum Triangle and within the Industrial (I) zone and the
Gateway District of the PTMLJ Overlay; and
WHEREAS, the Applicant desires to develop the property with an 878-unit
residential project consisting of six development areas, two public parks and new public connector
streets, as more particularly set forth in Exhibit "B" of the Development Agreement (the "Master
Site Plan"), Conditional Use Permit No. 2006-05093, and Tentative Tract Map No. 16860
(hereinafter collectively referred to as the "A-Town Stadium Project");
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, to hear and consider evidence for and against said Development Agreement
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing
that, upon completion, the Project will result in the construction of a residential development
consisting of up to 878 dwelling units within a period of not more than fifteen (15) years, consisting
of one (1) initial five (5) year period and two (2) five (5) year extension periods that shall be granted
pursuant to the attainment of certain milestones contained in Exhibit "E" of the Development
Agreement ("Development Milestones"); and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the evidence and reports
offered at said hearing, does find and determine that the Development Agreement meets the
following standards set forth in the Procedures Resolution:
1. That the Project is consistent with the City's General Plan in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies and objectives for
The Platinum Triangle as set forth in the General Plan.
2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the PTMLJ Overlay Zone
requirements as set forth in the Master Site Plan, Conditional Use Permit 2006-05093 and
Tentative Tract Map No. 16860.
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 PTMLJ Overlay Zone requirements and has been coordinated and designed to be
compatible with the adjacent Orangewood Condominiums project.
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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 staff provided the Commission with an Errata to Sections 13.4 and 13.7 of the
Development Agreement pertaining to the establishment of Assessment Districts, and which
Errata has been incorporated into this Development Agreement.
8. 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 QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed Development Agreement No. 2006-00002 - to adopt a
Development Agreement between the City of Anaheim and Platinum Triangle Partners, LLC for an
878-unit residential project consisting of six development areas, two public parks and new public
connector streets 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 Development Agreement, 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 with Mitigation Monitoring Plan No.
142, 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.
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 29, 2007.
CHA , ANAHEIM ANNING COMMISSION
ATTEST:
/~~ c.~
SENIORYSECRETARY, ANAHEIM PLANNING COMMISSION
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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
~~ ~~,~ , 2007.
ARY, ANAHEIM PLANNING COMMISSION
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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 PO1NT 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
COMPOLJND CURVE THROUGH A CENTRAL ANGLE OF 0° 57' 19"; THENCE SOUTH 31° 16' 19" WEST 8.53
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS 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 POINT IN 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 POINT 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 RADIUS OF 344.25 FEET (RADIAL L1NE 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° 9' 20" EAST ALONG SAID PARALLEL LINE 41138 FEET; THENCE SOUTH 89° 50' 40" WEST
10.00 FEET; THENCE NORTH 0° 09' 20" WEST 481.79 FEET TO THE POINT OF BEGINNING.
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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 JLJDGMENT RENDERED ON Ji.JNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED
NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COLTNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF
CONDEMNATION RECORDED MAY 2, 1997 AS INSTRiIMENT 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 NLY 13, 1965 IN BOOK
7590 PAGE 498, OFFICIAL RECORDS.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JLJDGMENT AND FINAL ORDER OF
CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS
OF SAID COUNTY,
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 IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
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 JUDGMENT AND FINAL ORDER OF
CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS
OF SAID COUNTY.
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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 IN BOOK 12794 PAGE 1212,
OFFICIAL RECORDS.
PARCEL G:
PARCEL 2 AS SHOWN ON A MAP FILED 1N BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED
ON JiJNE 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 COLJNTY
RECORDER OF SAID COUNTY.
PARCEL Gl:
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.
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