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Resolution-PC 2012-020RESOLUTION NO. PC2012 -020 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THE PREVIOUSLY APPROVED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 339 TOGETHER WITH MITIGATION MONITORING PROGRAM NO. 106C SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF MODIFICATION NO. 1 TO DEVELOPMENT AGREEMENT NO. 2007- 00002 BY AND BETWEEN THE CITY OF ANAHEIM AND RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST, AND SEE DEVELOPMENT LIMITED PARTNERSHIP. (DEV2012- 00024) WHEREAS, the City of Anaheim and Ronald W. Marshall and Deborah L. Marshall Trust, dated January 7, 1989, The Marshall Family Trust, dated February 14, 2000, and See Development Limited Partnership ( "Owner ") entered into that certain Development Agreement No. 2007 -00002 and recorded in the Official Records of the County of Orange, California on March 20, 2008, as Instrument No. 2008000129034 (the "Development Agreement ") with respect to that certain real property situated in the City of Anaheim, County of Orange, State of California, as described in Exhibit "A" attached hereto and incorporated herein by this reference. A copy of the Development Agreement is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, the Development Agreement provides for the development of a 327 unit mixed use residential condominium project with a 9,500 square foot full - service restaurant with outdoor dining area, as more particularly described in Final Site Plan No. 2007 -00011 and Conditional Use Permit No. 2007 - 05248; and WHEREAS, pursuant to Section 18 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, Owner submitted a request to extend the Term of the Development Agreement, as described in subsection 2.1 of the Development Agreement, from a period of five (5) years to a period of ten (10) years ( "Modification No. 1 "); and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim on April 9, 2012, 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 modification to Development Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 said modification to Development Agreement meets all the requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982: 1 PC2012 -020 1. The Project is consistent with the City's General PIan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives 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 Platinum Triangle Mixed Use Overlay 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 Mixed Use 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 Procedures Resolution. WHEREAS, that the Planning Commission has reviewed the proposal and does hereby find that the previously approved Final Subsequent Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 106C, is adequate to serve as the required environmental documentation for said modification to Development Agreement and satisfies all the requirements of California Environmental Quality Act; and that no further environmental documentation need be prepared for said modification to Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve and adopt Modification No. 1, as described above. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in the Development Agreement, as amended. 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. - 2 - PC2012 -020 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 9, 2012. 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: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Yt&�'t rn �� CHAIRMAN PRO TEMPORF?ANAHEIM CITY PLANNING COMMISSION • SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 April 9, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of April 2012. SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION 3 - PC2012 -020 PARCEL 1: PARCEL 2: EXHIBIT "A" (Legal Description of the Property) PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. 4 PC2012 -020 Exhibit "B" DEV NO. 2012 -00024 APN: 082 - 261 -27 082 - 261 -28 el 276' 306' E KATELLA AVE 30' CI) Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC20] 2 -020