Resolution-PC 2005-107• i
RESOLUTION NO. PC2005-107
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING'THAT THE CITY COUNCIL AMENDA PORTION pF
' CHAPTER 18.20 `PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE"
(ZONING CODE AMENDMENT NO. 2005-00044)
(2100 and 2110 EAST KATELLAAVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an
amendment to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code
Amendment No. 2005-00044) to increase the maximum square footage of commercial usespermitted in the
Katella District of the Platinum Triangle Mixed Use Overlay Zone 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 JN BOOK 10, PAGE' 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA, DESCRIBED AS :
FOCLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND'CONVEYED TO MAURICE E.
BIVENS, BY DEED RECORDED JUNE 17, 19271N BOOK 62, PAGE 45, OFFICIAL RECORDS
OF ORANGE COUNTY, CAUFORNIA 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 PLACENTIAAVENUE; THENCE SOUTH$9° 59' 15" EAST
ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST ,
CORNER OF 7HE 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 WHICH1S
CONCENTRIC WITH AND 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 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 -0RANGE COUNTY CAUFORNIA,
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
Cr\PC2005-107 -1- PC2005-107
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BEGINNING, NORTH 0° 08' 00" WEST PARALLEL WITH THE WESTERLY LINE OF SAID
LOTS 4 AND 5, A DISTANCE OF 595.06 FEET TO THE CENTERLINE OF KATELLA AVENUE
60.00 FEET WIDE, AS DESCRIBED 1N DECREE OF CONDEMNATION RECORDED JULY 8,
1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIALRECORDS; THENCESOUTHWESTERLY
ALONG SAID CENTERLINE; ALONGTHE ARC OFA 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 LINE OF THE LAND CONVEYED TO RANDALL RAY BIVENS AND WIFE, BY
DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE
SOUTH 0° 08' 00" EAST ALONG SAID EASTERLYIINE 538.52 FEET TO SAID SOUTH LWE
OF THE LAND 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.
BIVENS, 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" EAST ALONG THE SOUTH LINE OF SAID
LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF 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 W
BOOK 5321, PAGE 397, OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSEGTION
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 pISTANT 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 INTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO
KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT 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 SAID POINT 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 JN DEED RECORDED APRIL 24, 2001 AS' INSTRUMENT NO. 20010245967,
OFFICIAL RECORDS.
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WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated a number of
times over the years; and ,
WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code,
provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare
require, when adopted by an ordinance of the City Council in the manner prescribed by law; and
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 E~ement); 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 unitsper acre),
5,000,000 square feet of office space, slightly over 2,000,000 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 Zoning Code implements the General Plan; and
WHEREAS, the Planning Commission makes recommendations to the City Council
regarding Zoning Code Amendments; and
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 the Anaheim Municipal Code, Chapter 18.60
(Procedures), to hear and consider evidence for and against the Platinum Triangle Mixed Use Overlay Zone
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, having reviewed and considered the amendment to
Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No.
2005-00044) to increase the maximum square footage of commercial uses permitted in the Katella District of the
Platinum Triangle Mixed Use Overlay Zone has determined that the public necessity and convenience and the
general welfare require its amendment because the amendment:
1. Allows mixed use development that is consistent with the goals and policies of the General
Plan; and
2. Updates the permitted square footage of commercial uses in the Katella District to reflect
development factors and demand in the Platinum Triangle; and
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed 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 in conjunction with 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 Katelfa District, 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
Na 2005-00435 - to amend the land use elemenf of the General Plan to increase the maximum square
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footage of commercial uses in the Katella District of the Platinum Triangle, 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 Zoning Code Amendmenf, and #he 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 FEIR 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 The Platinum Triangle, and a Mitigated Negative Declaration for
the Proposed Zoning Code Amendment and the Proposed Project, together with Mitigation Monitoring
Program No. 130, are adequate to serve as the required environmental documentation for thisZoning Code
Amendment and satisfy all of the requirements of CEQA, and that no #urther environmental documentation
need be prepared for this Zoning Code Amendment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby recommend that the City Council approve the amendment to Chapter 18.20 (Platinum Triangle Mixed
Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No: 2005-00044) to increase the
maximum square foofage of commercial uses permitted by 5,608 square to 549,908 square feet in the
Katella District of the Platinum Triangle Mixed Use Overlay Zone.
1. That this Zoning Code Amendment No. 2005=00044 is granted subject to adoption of General Plan
Amendment No. 2005-00435, Amendment to the Platinum Triangle Master Land Use Plan
(Miscellaneous Permit No. 2005-00113), Conditional Use Permit Na 2005-04967, Development
Agreement No. 2005-00004 and Tentative Tract Map No. 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 applicanYs 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 and may be re ed by ity Council
Resolution in the event of an appeaL :
.
CHAIRMAN, ANAH IM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF 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 Anaheim Planning Commission
held on July 25, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:' BUFFA; EASTMAN, FLORES, ROMERO, VELASQUEZ
` NOESt COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI; PEREZ
, IN WITNESS WHEREOF, I have hereunto set my hand this /~ ~ day of
vq v• ~'~, 2005.
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. . . ~ ~ ~ ~. ~ . ~ ~ ~ ~ ~ ~ ~ J'fYs~w.~.~-n ~ . `~Z~a7 , ~~ : . .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION