Resolution-PC 2011-037RESOLUTION NO. PC2011 -037
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT NO. 2010 -00005 BY AND BETWEEN
THE CITY OF ANAHEIM AND RRM PROPERTIES, LTD
('TENTATIVE TRACT MAP NO. 17289)
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 2.5, 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 ( "WEIR 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 low medium
density land uses within the approximately 15.7 -acre Tentative Tract Map No. 17289; and
WHEREAS, on March 30, 2009 the Planning Commission approved Reclassification
No 2008 - 00221, Conditional Use Permit No. 2008 -05362 and Tentative Tract Map No. 17289 to
reclassify the subject property from the Multiple - Family Residential (RM -3) zone to the Single -
Family Residential (RS -4) zone and construct 56 single - family residential dwelling units; and,
WHEREAS, the Development Agreement pertains to approximately 15.7 acres of
real property in the City of Anaheim, owned by the Applicant, as more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property "),
which is located in the Hill and Canyon area and within the RS -4 zone; and
WHEREAS, the Applicant desires to develop the property within the Mountain Park
residential community which was approved with a maximum of 2,500 residential units, public
facilities, private and public infrastructure improvements, a fire station, trails, trail staging area,
concession store, public school site, private and public parks, and open space areas; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 9, 2011, at 5:00 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 56 residential units and share
infrastructure, development and improvement costs with the Mountain Park development which is
permitted for up to 2,500 residential units, public facilities, private and public infrastructure
improvements, a fire station, trails, trail staging area, concession store, public school site, private
and public parks, and open space areas within a period of not more than twenty (20) years; 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 low- medium density residential land use designations and with the goals, policies
and objectives for the Hill and Canyon area as set forth in the General Plan.
2.
That the Project is compatible with the orderly development of property in the surrounding
area in that it is in conformance with and complements the Mountain Park Specific Plan, and
has been coordinated and designed to be compatible with the adjacent existing planned
residential communities.
3. That the Project is not otherwise detrimental to the health and safety of the citizens of the City
of Anaheim.
4. 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.
5. 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.
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CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal; and did find and determine pursuant to the
provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent
review and consideration of an Initial Study 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 the previously - approved Mitigated Negative Declaration is adequate to serve as
the required environmental documentation for this proposal 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 Development Agreement.
-
THE FOREGOING RESOLUTION w4 adopte
meeting of May 9, 2011.
A'1'1'EST:
CHAIRMAN, ANAHE 1 bc] TY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
he Planning Commission
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 May 9, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of May, 2011.
SENIOR SEtRETARY, ANAHEIM CITY PLANNING COMMISSION
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APNs:
085 - 071 -42
085- 071 -45
EMS
EXHIBIT "A"
DEV2010 -00182
-4-
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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PC2011 -037