Resolution-PC 2005-132• •
, RESOLUTION NO. PC2005-132
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' RECOMMENDING CITY COUNCIL' APPROVAL OF DEVELOPMENT
AGREEMENT N0. 2005-00008 BY AND BETWEEN THE CITY OF
ANAHEIM AND LENNAR PLATINUM TRIANGLE LLC AND SELLERS,
. AND MAKING CERTAIN FINDINGS RELATED THERETO'
(Site 1: 1200-1558, 1700 and 1800 East Katella Avenue,
- 1301-1395 and 1551 Gene Autry Way,
1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane,
1833 and 1841 South State College Boulevard;
1800 and 1801 East Talbot Way. '
Site 2: 1871, 1881, 1891, 1870 1880,1890, 1900, 1901 and 1910 Betmor Lane :
and 1100 East Katella Avenue)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commencing with Section 65864)
of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and '
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City'`) heretofore on November23, 1982,
enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subjectto the
Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon'receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim (°General
Plan AmendmenY'), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in
conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions, and ;
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed-Use,
Office-High, Office-Low, Industrial and Institutional land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana
Freeway (Interstate 5) on the west, and the Southern Califomia Edison Company Easement on the north
("hereinafter referred to as The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum
Triangle, on August 17, 2004, the City Council adopted Resolution Na 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim M~nicipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal
Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay
Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclaSSify
approximatelyfhree hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
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Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high qua~ity
well-designed development projects that could be stand-alone projects or that'combine residential with non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within the area; and , ,
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
bevelopment Agreement between the property owner and the City of Anaheim to implement all development
in the Katella; Gene Autry, and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under the Code; and'
WHEREAS, on Augusf 17, 2004, the City Councit adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone;
_and
' WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the
PTMU Overlay Zone, and the #orm of the Standard Development Agreement for The Platinum Triangle, the
City Council by resolution, as lead agency for the proposed actions, determined that FEIR No. 330 and the
associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in
compliance with CEQA and the state and City CEQA guidelines and were adequate:to serve as the required
environmental documentation for said actions based upon findings set forth in said motion; and
WHEREAS, on August 22, 2005, the Planning Commission recommended that the City
Council certify Final SEIR No. 332 including adoption of a Statement of Findings of Fact, a Statement of
Overriding Considerations and Updated and Modified Mitigation Monitoring Program Na 106A, and approve
a modification to the Standard Development Agreement (MIS2005-00114) to reflect mitigation measure
requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A and editorial
refinements and updated fees; and
WHEREAS, on August22, 2005, the Planning Commission recommended that the City :
Council approve Amendmenf to the Platinum Triangle Master Land UsePlan (MIS2004-00089) and Zoning
Code Amendment (ZCA2004-00036) to provide for a Master Site Plan and related Developmenf Agreement
process for properties over 12 acres in size in order to encourage consolidation of parcels and provide for
comprehensive site planning and to add 210,100 square feet of commercial intensity of which 190,100
square feet would be designated for ground floor commercial uses on Market Street and Gene Autry Way;
and
WHEREAS, on June 7, 2005, pursuant to the Statute, the Enabling Ordinance, and the
Procedures Resolution (hereinafter collectively referred to as the "Development Agreement LavW'), Lennar
Platinum Triangle LLC And Sellers ("Owner"), submitted an application to the Planning Department for
approval of Development Agreement No. 2005-00008 (the "Application"), which included a proposed :
development agreement (hereinafter referred to as the "Development AgreemenY') prepared in conformance
with the Standard Development Agreement for The Platinum Triangle, as proposed for amendment pursuant
to MIS2005-00114, to vest certain project entitlements and address the implementation of the A-Town
Project; and
WHEREAS, The Development Agreement includes a Master Final Site Plan as Exhibit B of
said Agreement under authority of Code Section 18.20.170 (Implementation) (as proposed for amendment
pursuant to ZCA2004-00036) for review; and
WHEREAS, the Development Agreement pertains to 41.4 acres of real property in the City
of Anaheim, commonly known as Site 1: 1200-1558, 1700 and 1800 East Katella Avenue, 1301=1395 and
1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and
1841 South State College Boulevard, 1800 and 1801 East Talbot Way; and Site 2: 1871, 1881, 1891, 1870
1880, 1890, 1900, 1901 and 1910 Betmor Lane and 1100 East Katella Avenue (the "Property'), which is
located in The Platinum Triangle and more particularly described together on Exhibit "A", which is attached
hereto and incorporated herein by this reference; and
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WHEREAS, Owner desires to develop the Property in accordance with the provisions of the
Development Agreement, including the Master Final Site Plan by developing a residential community with a
` mix of housing types, including up high rise residential towers, street townhomes, podium townhomes, and
lofts and street-related commercial development, as more particularly set forth in Development Agreemenf
No: 2005-00008, General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164,
Miscellaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code'Amendment No: 2005-00042 and
Conditional Use Permit No. 2005-04999, (hereinafter collectively referred to as the "ProjecY'); and
WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the
City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been' duly given as
required by )aw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said Development Agreement No. 2005=00008, General Plan
AmendmentNo. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 and
2005-00116, Zoning Code Amendment Na 2005-00042 and Conditional Use Permit No. 2005-04999 and to
, investigate and make findings and recommendations in connection therewith; and '
WHEREAS, the Owner has demonstrated that the Project meets the eligibility requirements
of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion,
' the Project will result in the"construction of 2,681 residential dwelling units and 150,000 square feet of '
commercial and restaurant uses, within a period of not more than twenty (20) years with five (5) year project
milestones; and
WHEREAS, said 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 the Development Agreement meets the following standards set
forth in the Procedures Resolution:
1. That the Project is consistent with the City's General Plan as amended by General Plan Amendment
~ No. 2005-00434 to redesignate Site 2 for Mixed-Use land uses in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies and objectives for The
Platinum Triangle as set forth in the General Plan.
2. That the Projecf 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 PTMU Overlay Zone requirements
as set forth in General Plan Amendment No. 2005-00434, Development Agreement Na 2005-00008,
Reclassification No. 2005-00164, Miscebaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code
Amendment No. 2005-00042 and Conditional Use Permit Na 2005-04999.
3. That 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 Master Land Use Plan and the PTMU
Overlay Zone requirements as amended by Miscellaneous Case No. 2005-00111 to incorporate Site 2
into the Platinum Triangle Master Land Use Plan and Zoning Code Amendment No. 2005-00042'to
allow for educational institutions and condominium hotels subject to approval of a conditional use
permit and modification to the minimum dimensions of balconies for high rise residential towers.
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures '
Resolution.
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_7. That 4' people expressed their support to the subject petition, and that no one indicated their presence at
said public hearing in opposition; and that no correspondence was received in opposition to subject
petition. '
' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed DeVelopment Agreement No. 2005-00008 in conjunction with General Plan
Amendment No. 2005-00434, Reclassification No: 2005-00164, Miscellaneous Case Nos. 2005-00111, and
' 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999
,(collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review,of all
' evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the
Project Discretionary Actions (the ``Initial Study') and an Addendum to FSEIR No. 332 (the "Addendum")
prepared for the Project Discretionary Actions did find, and further recommend that the City Council, as )ead
agency#or the Project, unless additional or contrary information is received during the City CounciPs public
hearing on the Project and pending City Council's certification of FSEIR No. 332 along with adoption of a
Statement of Findings and Fact; a Statement of Overriding Consideration and the Updated and Modified
Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005),
determine'and find, pursuant to the provisions of the California Environmentaf Quality Act ("CEQA"), based
upon the City CounciPs independent review of the Initial Study and Addendum and the evidencereceived at
the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring
Plan No. 138, are'adequate to serve as the required environmental documentation for the Project
Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared for this Development Agreement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon Owner's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any partthereof, 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.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 7, 2005. Said resolution is subject to the appeal provision set forth in Chapter 98.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal pr c res.
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CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
~~Y~~..-~-~.- ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CAUFORNIA )
GOUNTY 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 Commis§ion
held on September 7, 2005, by the following`vote of the members thereof:
AYES: COMMISSIONERS: ' BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: :NONE
ABSENT. COMMISSIONERS: EASTMAN
1N WITNESS WHEREOF, I have hereunto set my hand this 3~ day of
' ~ t ~ u ~iEr , 2005.
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i~~z.~.-~.-'---
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT A
Parcel 1 in #he City of Anaheim, County of Orange, State of California as shown on a map filed in Book 81,
Page 32 of Parcel Maps,:together withParcels 2 through 9, inclusive, of BlockA, a portion of Parcel 1 in :
Block B, and Parcels 1 through 9, inclusive, of Block C, as shown on a map filed in Book 104, Page 12 of
Parcel Maps, all in the Office of the County Recorder of said county; together with a portion of the east half of
the northwest quarter of the northeast quarter of Section 26, Township 4 South, Range 1 O West in Rancho
San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps,
Records of said county, together with Parcels 3 and 4, as shown on a map filed in Book 45, Page 13 of said
Parcel Maps, together with Parcels 1 through #, inclusive, as shown on a map filed in Book 47, Page 28 of
said Parcel Maps, in the o~ce of said County Recorder, described as follows
Beginning at the southeast corner of Parcel 1 of said Parcel Map filed in Book 47, Page 28; thence westerly
along the southerlyboundary of said Parcel Map North 89°04'31" West 601:91 feet to the easterly boundary
of said ParceV Map filed in Book 104, Page 12; thence southerly along said easterly boundary South 0°11'09"
West 406.19 feefto the southeast corner of Farcel 9 of Block C of said Parcel Map; thence westerly along
the southerly line of said Parcel9 North 89°09'30" West 217.4T feet to the easterly right of-way of a 64.00
foot wide street shown on said Parcel Map as Chris Lane; thence perpendicular from said right of way North
89°06'22" West 32.00 feet to the centerline of said Chris Lane; thence southerly along said centerline South
0°53'38" West 207.63 feet to the easterly prolongation of the northerly right of way of a 45.00 foot wide street.
shown on said Parcel Map as Pacifico Avenue, currently known as Gene Autry Lane; thence westerly along
said prolongation and right of way North 89°OT53" West 395.35 feet and North 89°05'58" West 88.59 feet to
the right of way'to the State of California as described in the deed recorded October 5, 1998 as Instrument
No. 19980672731 of Official Records of said county; thence along said right of way the following courses: `.
North 0°54'02" East 8.00 feet, North 26°10'26" West 29.42 feet, North 89°25'S6" West 2.44 feet, North
0°51'42" East 93.12 feet, North 89°13'18" West 53.87 feet, South 51 °57'39" West 40.48 feet, North 79°09'17"
West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet
along said curve through a central angle of 9°58'40", tangent from said curve North 89°07'57" West 23.50
feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said
Parcel Map as Betmor Lane and North 89°08'40" West 32.00 feet to said centerline of said Betmor Lane;
thence leaving said State of California right of way a(ong said centerline North 0°58'00" East 140.55 feet to a
line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of Block A of
said Parcel Map; thence North 89°02'00" West 32.00 feet to the southeast corner of said Parcel 2; thence
westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.70 feet to the westerly line of
said Parcel Map, said line being the westerly line of said east half; thence northerly along said westerly line
North 0°24'01" West 1067.39 feet to the centerline of a 120.00 foot wide street shown as Katella Avenue on
said Parcel Map filed in Book 81, Page 32 said centerline being the north line of said Section 26; thence
easterly along said centerline South 89°07'46" East 300.07 feet to aline which is parallel with and 300.00
feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East
60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of said
Parcel Map filed in Book 81, Page 32; thence along said right of way South 89°07'46" East 1319.53 feet to
the northwesterly corner of Parcel 2 of said Parcel Map filed in Book 45, Page 13; thence southerly along the
westerly boundary of said Parcel 2 South 0°44'33" West 150.01 feet; thence continuing along the boundary
of said Parcel 2 and the boundary of Parcel 1 of said Parcel Map South 89°OT46" East 310.06 feet to the
right of way of a street having a 53.00 foot westerly half width shown as State College Boulevard on said
Parcel Map; thence along said right of way South 0°44'33" West 451.80 feet to the Point of Beginning.
Containing an area of 41.687 acres more or less.
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