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Resolution-PC 2012-042RESOLUTION NO. PC2012 -042 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT FINAL ENVIRONMENTAL IMPACT REPORT NO. 335, TOGETHER WITH MITIGATION MONITORING PROGRAM NO. 143, SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006 -00004 BY AND BETWEEN THE CITY OF ANAHEIM AND AMB PLATINUM, LLC. (DEV2012- 00036) WHEREAS, on September 11, 2007, the. City of Anaheim and AMB Property, L.P., a Delaware limited partnership, entered into that certain Development Agreement No. 2006- 00004, which was recorded in the Official Records of the County of Orange, California on November 16, 2007 as Instrument No. 2007000687363 (the "Development Agreement') with respect to that certain real property located at 1969 South State College Boulevard in the City of Anaheim, County of Orange, State of California, which real property is more particularly described in Exhibit A and generally depicted on the map attached hereto as Exhibit B (the "Property ") attached hereto and incorporated herein by this reference. WHEREAS, subsequent to recordation of the Development Agreement, AMB Property, L.P. conveyed its right, title and interest in and to the Property to AMB Platinum, LLC, a Delaware limited liability company ( "Owner "); and WHEREAS, the Development Agreement provided for the development of a mixed -use project consisting of up to 1,208 residential units, up to 50,000 square feet of retail/commercial uses, up to 100,000 square feet of office uses, a 1.7 acre public, park, and related improvements (the "Project "); and WHEREAS, pursuant to Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, Owner submitted a request to revise the provisions for development milestones and to extend the Term of the Development Agreement from a period of five (5) years to a period of ten (10) years ( "Amendment No. 1), subject to two (2) additional five -year extensions; and WHEREAS, the Planning Commission (hereinafter referred to as the ('Planning Commission ") conducted a public hearing for the proposed Amendment No. 1 at the Civic Center in the City of Anaheim on July 2, 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 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 - 1 - PC2012 -042 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 of 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 for the Property 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) Final Environmental Impact Report No. 335, together with Mitigation Monitoring Program No. 143, serves as the appropriate environmental documentation for the proposed Amendment No. 1 and satisfies all the requirements of the California Environmental Quality Act ( "CEQA "); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Amendment No. 1; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Amendment No. 1. 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 in the form presented at this meeting. 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 a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC2012 -042 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 July 2, 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: CHAIRMAN, ANAHEIM CITY kANNING 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 July 2, 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 2 "d day of July 2012. v SENIOR SVC4ETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -042 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA.. EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 22, 1999 AS INSTRUMENT NO. 19990124177. [Assessor's Parcel Number 083 - 290 -88] -4- PC2012 -042 EXHIBIT `B" DEV NO. 2012 -00036 APN: 083 - 290 -88 Z ' E TRIAD ST 1- w_ N -1 � Q f— N Z I _0 Z I � I I � I E GENE AUTRY WAY 1205' y� 0 J GO W � m W N J J u W Q F Ln H 11' 1195' E ARTISAN CT I I Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2012 -042