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Resolution-PC 2005-106• • RESOLUTION NO. PC2005-106 ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR AMENDMENT TO PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS PERMIT N0. 2005-00113) BE GRANTED (2100 and 2110 EAST KATELLA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-00113) for certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCEL A: , THAT PORTION OF LOT 5, TRACT 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS SHOWN ON A MAP RECORDED IN`BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62; PAGE-45, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA SAID SOUTHWEST CORNER , BEING ON. THE CENTERLINE-0F THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNQWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH L1NE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST - CORNER OF THE LAND bESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO ' CORPORATION RECORDED DECEMBER 20, 1962 lN BOOK 6367, PAGE 591 OF SAID < OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TOlTS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENl'ERLINE OF KATELLA AVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08' 00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 20010069995, OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CAGFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 89° 59' 15" EAST 748.00 FEET FROM THE SOUTHWEST CORNER OF SAID LAND (SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60,00 FOOT ROAD, NOW KNOWN AS PLACENTIA AVENUE, ALONG THE WESTERLY LINE OF SAID LOTS 4 AND'5); THENCE FROM SAID POINT OF BEGINNING, NORTH 0° 08' 00" WEST PARALLEL WITH THE WESTERLY LINE OF SAID Cr\PC2005-106 -1- PC2005-106 ~ • LOTS 4 AND 5, A DISTANCE OF 595.06 FEET TO THE CENTERLINE OF KATELLA AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 19601N SOOK 5321, PAGE 397 OF SAID.OFFICIA~ RECORDS; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE, ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF-1000.00 FEET FROM TANGENT WHICH BEARS SOUTH 70° 38' 28" WEST THROUGH A CENTRAL ANGLE OF 18° 17' 32" A DISTANCE OF 319.26 FEET TO THE EASTERLY LWE OF THE LAND CONVEYED TO RANDALC RAY BIVENS AND WIFE, BY DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE SOUTH 0° 08' 00" EAST ALONG SAID EASTERLY LINE 538.52 FEET TO SAID SOUTH LINE OF THE tAND CONVEYED TO MAURICE E. BIVENS; THENCE SOUTH 89° 59' 15" EAST ALONG SAID SOUTH LINE, 313.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE' SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BNENS, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89 59 15 fAST ALONG THE SOUTH LINE OF SAID , LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER-0F THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591, OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO'CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH THE DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF, KATELLA'AVENUE, 60;00 FEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397, OF SAID OFFICIAL RECORDS, SAID POINT OF` INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08' 00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET, TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTELRY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE WTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INS7RUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID ORANGE COUNTY WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANCE 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, A RADIAL THROUGH SAIDPOWT BEARS SOUTH 00° ~ ~~ 07 37 EAST; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1060.00 FEET THROUGH A CENTRAL ANGLE OF 10° 12' 14", A DISTANCE OF 188.78 FEET TO A POINT ON THE WESTERLY LINE OF EXCEPTION TO THE LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00° 45' 13" WEST 12.23 FEET ALONG THE SAID WESTERLY LINE TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1072.00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 10° 12' 19" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 05' 17" A DISTANCE OF 188.75 FEET TO SAID WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS; THENCE NORTH 00°45' 13" EAST 12.00 FEET ALONG THE SAID WESTERLY LINE TO THE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF ANAHEIM IN DEED RECORDED APRIL 24, 2001 AS INSTRUMENT N0. 20010245967, ~ OFFICIAL RECORDS. -2- PC2005-106 • ' • WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, , shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100"dwelling units per acre), 5,000,000 square feet of office space; 2,044,300 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and , WHEREAS, the Platinum Triangle Master Land Use Plan provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and will serve as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixturesand street furniture and by identifying the existing Amtrack/Metrolink Station and the conceptual Anaheim Regional Transportation Jntermodal Center (ARTIC) location. ' WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 25, 2005 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 #he Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said Proposed Actions to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed increase of 5,608 square feet of commercial uses within the Katella District is consistent with the goals and intent of the Platinum Triangle Master Land Use Plan and General Plan and impacts related to this increase has been analyzed. 2. That the proposed project requesting the increase in square footage of commercial uses is consistent with the goals and policies of the General Plan and the Platinum Triangle Master Land Use Plan. 3. That no one indicated their presence at said public hearing in opposition; and that a letter from the State of California, Department of Transportation was received regarding traffic related studies, and a letter from the Anaheim City School District was received regarding the student generation rate for the subject project. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-00113) - to amend the Platinum Triangle Master Land Use Plan to increase the maximum permitted square footage of commercial uses in the Katella District in conjunction with Conditional Use Permit No. 2005-04967 - to modify setbacks along Katella Avenue and the proposed private street to construct a 251 unit mixed use residential condominium project including a 7,397 square foot restaurant with sales of alcoholic beverages for on-premises consumption and 2,347 square feet of retail, General Plan Amendment No. 200500435 - to amend the land use element of the General Plan to increase the maximum square footage of commercial uses in the Katella District of the Platinum Triangle, Zoning Code Amendment No. 2005-00044 - to amend the Platinum Triangle Mixed Use Overlay Zone to increase the maximum permitted square footage of commercial uses in the Katella District, Tentative Tract Map No. 16800 - to establish a 1-lot, 251-unit airspace attached residential condominium subdivision and Development Agreement No. 2005-00004 - to adopt a Development Agreement between the City of Anaheim and Western Pacific Housing for a 251-unit residential condominium mixed use project with 9,764 square feet of commercial and restaurant uses; and did find and determine, by motion, 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 Amendment to the Platinum Triangle -3- PC2005-106 ~ • Master Land UsePlan, 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, thatFEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for'fhe Platinum Triangle, and:a Mitigated Negative Declaration for the Proposed Amendment to the Platinum Triangle Master Land UsePlan and the Proposed Project, together with Mitigation Monitoring,Program No. 130, are adequate to serve as the required environmental documentation for th'is Proposed Amendment to the Platinum Triangle Master Land Use Plan and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Proposed Amendment to the Platinum Triangle ' Master Land Use Plan. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that the City Council approve the amendment to the Platinum Triangle Master Land Use ; Plan to increase the maximum square footage of commercial uses in the Katella District by 5,608 square feet to 549,908 square feet. 1. That this amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005- 00113) is granted subject to adoption of General Plan Amendment No. 2005-00435, Zoning Code' Amendment No. 2005-00044; Conditional Use Permit No. 2005-04967, Development Agreement No. 2005-00004 and Tentative Tract Map Na 16800, now pending. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 25, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the, Anaheim Municipal Code pertaining to appeal procedures an e pl d ity Council Resolution in the event of an appeaL CHAIRMAN, NAHEIM PLANNING COMMISSION ATTEST: h~~-~-- ~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY-0F ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the AnaheimPlanning Commission held on July 25, 2005, by the following vote of the members thereof: ' AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, PEREZ IN WITNESS WHEREOF, I have hereunto set my hand this ~ 0 T~ day of l/1 , 2005. _ , r SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _4- ` PC2005-106