Resolution-PC 2009-086RESOLUTION NO. PC2009 -086
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THE PREVIOUSLY- APPROVED MITIGATED NEGATIVE DECLARATION
SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 2005-00001 BY AND BETWEEN
THE CITY OF ANAHEIM AND BRE PROPERTIES, INC.
(1515 EAST KAi'ELLA 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 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, 1 982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance which makes the City
subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23, 1982, adopted Resolution No. 82R -565 (hereinafter the "Procedures
Resolution establishing procedures and requirements for the consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, on June 7, 2005, the City of Anaheim "City and BRE Properties, Inc.
and the Peter Dunkel Revocable Family Trust and the Larry Dunkel Revocable Family Trust
"Owner entered into that certain Development Agreement No. 2005 -00001 and recorded in the
Official Records of Orange County California on June 15, 2005 as Instrument No. 2005000462123
(the "Development Agreement with respect to that certain real property situated in the City of
Anaheim. County of Orange, State of California, shown on Exhibit "A attached hereto and
incorporated herein by this reference; and
WHEREAS, subsequent to the recordation of the Development Agreement, the fee
title interest in the project was sold, transferred, conveyed or assigned to BRE Properties, Inc.
"Owner making BRE Properties, Inc. the sole Owner of the Project; and
WHEREAS, pursuant to Section 18 of the Development Agreement and Chapter
18.60 of the Anaheim Municipal Code, Owner, submitted a request to modify Section 9.5 of the
Development Agreement relating to the required relocation of an adjacent vehicular driveway; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 30, 2009, 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 amendment to
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Development Agreement No. 2005 -00001 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Owner 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 320 residential units; 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 amendment to the Development Agreement
meets the following standards set forth in the Procedures Resolution:
1. 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. 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.
3. 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. The Project is not otherwise detrimental to the health and safety of the citizens of the
City of Anaheim.
5. 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. 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.
WHEREAS, that the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the previously approved Mitigated Negative Declaration prepared in
conjunction with Development Agreement No. 2005 -00001 is adequate to serve as the required
environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim City Planning Commission does hereby recommend to the City
Council the approval of the Amendment No. 1 to the Development Agreement to modify Section
9.5 of the Development Agreement relating to the required relocation of an adjacent vehicular
driveway.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon Owner's
compliance with each and all of the conditions set forth in Development Agreement No. 2005-
00001. 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. Failure to pay all charges shall result in the revocation of the approval
of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 30, 2009. 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.
ATTEST:--.
CHAIRMAN, NAHEI PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on September 30, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
AGARWAL, AMENT, BUFFA, FAESSEL, KARAM,
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of September, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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1
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AAIE +NDAIENT TO DEVELOPMENT AGREEMENT NO. DAG2005 -00001
(TRACKING NO. D AG2009- 0000.4)
APNS:
082- 261 -01
082 261 -02
082 261 -03
082 261 -04
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DAG2005 -00003
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DAG2005=00001 DAG2005 -00002
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Source: Recorded Tract Maps andlor City GIS,
Please note the accuracy is +1- two to five feet.
10817
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