Resolution-PC 2012-031RESOLUTION NO. PC2012 -031
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NO. 332 AND THE FIRST
AND SECOND ADDENDUM THERETO, TOGETHER WITH
MITIGATION MONITORING PROGRAM NO. 136, SERVE AS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
FOR THE REQUEST BY ORANGEWOOD PLATINUM
INVESTORS, LLC TO AMEND DEVELOPMENT AGREEMENT
NO. 2006 -00003 AND RECOMMENDING CITY COUNCIL
APPROVAL OF SAID AMENDMENT (DAG2006- 00003D)
(DEV2011- 00067B)
WHEREAS, the City of Anaheim and Orangewood Platinum Investors, LLC, a
California limited liability company, entered into that certain Development Agreement No.
2006 -00003 dated June 19, 2007, which was recorded in the Official Records of the County of
Orange, California on August 3, 2007 as Instrument No. 2007000487595 (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 ( "Property "). A copy of the Development Agreement is on file in the Office of
the City Clerk of the City of Anaheim; and
WHEREAS, subsequent to the recordation of the Development Agreement, the Property
was transferred, conveyed and assigned to The Orangewood Project Owner , LLC, a Delaware
limited liability company ( "Owner "), which conveyance was subject to the terms and provisions
of the Development Agreement.
WHEREAS, the Development Agreement provided for the development of a 6 -story 341 -
unit condominium project in a podium -style building with residential units located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2006 -00008
and Conditional Use Permit No. 2006 - 05138; and
WHEREAS, on April 28, 2008, the Anaheim City Planning Commission made a
determination of substantial conformance regarding previously- approved exhibits to change the
6- story, 341 -unit condominium project to a 5- story, 320 -unit apartment project located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2008- 00002;
and
WHEREAS, Section 18 of the Development Agreement and Chapter 18.60 of the
Anaheim Municipal Code permit amendment of a Development Agreement by mutual consent of
the parties thereto. The procedure for proposing and approving an amendment to a Development
Agreement is the same as the procedure for entering into a Development Agreement, namely that
a noticed public hearing must be held by both the Planning Commission and the City Council
and such amendment, if approved, must be approved by ordinance; and
WHEREAS, Owner has 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 ( "Amendment No. 1"); and
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WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") conducted a public hearing on the proposed Amendment No. 1 at the
Civic Center in the City of Anaheim on May 7, 2012, at 5:00 p.m., notice of said public hearing
having been duly given as required by Iaw and in accordance with the provisions of Chapter
18.60 of the Anaheim Municipal Code, and considered information presented by City staff and
evidence for and against the proposed Amendment No. 1; 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
testimony, evidence and reports offered at said hearing, does find and determine that the
proposed Amendment No. 1 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; that
is:
1. The proposed Amendment No. 1 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, programs and objectives specified in the General Plan.
2. The proposed Amendment No. 1 is compatible with the uses authorized in, and
the regulations prescribed for, the applicable zoning district in which the Project is and will be
located, and is consistent with the Platinum Triangle Mixed Use Overlay requirements.
3. The proposed Amendment No. 1 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 proposed Amendment No. 1 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim.
5. The approval of proposed Amendment No. 1 constitutes a lawful, present exercise
of the City's police power and authority under the Procedures Resolution.
WHEREAS, due to the nature of the proposed Amendment No. 1, this Planning
Commission finds and determines that (i) the previously approved Final Subsequent
Environmental Impact Report No. 332, and the First and Second Addendum thereto, together
with Mitigation Monitoring Program No. 136, serve as the appropriate environmental
documentation for said modification to the Development Agreement and satisfies all the
requirements of the California Environmental Quality Act ( "CEQA "); (ii) "none of the
conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation
of a subsequent EIR or negative declaration have occurred" in connection with the proposed
Amendment No. 1; and (iii) no further environmental documentation need be prepared for said
modification to the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council
approve and adopt Amendment No. 1, as described above.
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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 Owner is responsible for paying all charges
related to the processing of this discretionary case application within fifteen (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
May 7, 2012. Said resolution is sub' t to t appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of th Anahe Municipal Code pertaining to appeal procedures.
ATTEST:
CRETARY A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
Or
CHAIRMA , ANAHEIM 'PLANNING COMMISSION
SENIOR NAHEIM 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 May 7, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of May 2012.
�
SENIOR SECRE ARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2012 -031
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THE REAL PROPERTY REFERRED TO HEREIN BELOW IS SITUATED IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND DESCRIBED AS FOLLOWS:
THE EASTERLY 272.67 FEET OF THE WESTERLY 1304.60 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
OFF ICE OF THE COUNTY RECORDER OF SAID COUNTY. (SAID
WESTERLY 1304.60 FEET BEING MEASURED FROM THE CENTER LINE OF
PLACENTIA AVENUE, SHOWN ON SAID MAP AS AN UNNAMED ROAD).
EXCEPTING THEREFROM AN UNDIVIDED ONE -HALF OF ALL OIL, GAS,
MINERALS AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500
FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF
ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF 500
FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN A DEED
RECORDED DECEMBER 4, 1963 IN BOOK 6832 PAGE 674, OFFICIAL
RECORDS.
[ASSESSORS PARCEL NUMBER: 083- 270 -48]
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EXHIBIT "B"
DEV NO. 2011- 00067B
APN: 083 - 270 -48
266'
268
N _
(D
E ORANGEWOOD AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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PC2012 -031