Resolution-PC 2005-96• , •
RESOLUTION NO. PC2005-96 '
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNGL APPROVAL Of DEVELOPMENT `
AGREEMENT NO. 2005-00006 BY AND BETWEEN THE CITY OF
ANAHEIM AND NEWPORT FEDERAL, AND MAKING CERTAIN FINDINGS
RELATED THERETO
(2045 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, Article 2.5 of Chapter 4 ofDivision 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 ofthe'property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required #o estabfish procedures and
requirements by resolution or ordinancefor the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982,
enacted Ordinance Na 4377 (hereinafter the "Enabling Ordinance") which makes`the City subject to the
Statute~'and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the Cify heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "ProceduresResolution")
8stablishing procedures and requirements for the consideration of development agreements upon receipt of
an application bythe 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 MonitoringPlans ("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
Uses, Office High, Office Low, Industrial and lnstitutional 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 California 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 No. 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 Municipal Code, on
August 24, 2004, the City Councif 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
approximately three hundred and seventy-five acres within The PlatinumTriangle into the PTMU Overlay
Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality
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 OverlayZone requires an approved Final Site Plan and a'
Development Agreement between the property owner and the City of Anaheim to implement all development
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in the Kafella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under#he Code; and
WHEREAS, on August 17, 2004, the`City Council adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and '
WHEREAS; in connection with adoption of The Platinum Triangle Master Land Use Plan, #he
PTMU Overlay Zone, and the form 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 Na' 106 for The Platinum Triangle; were in
compliance,with CEQA and the state and City CEQA guidefines and were adequate to serve as the required
environmental documentation for said actions based upon findings set forth in said motion; and
WHEREAS, on March 29, 2005,'pursuant to the Statute, the Enabling Ordinance, and the
Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Lav~'), Newport
Federal; ("Applicant"), submitted an application to the Planning Departmenf#or approvaf of Development
Agreement No. 2005-00006 (the "Application"), which included a proposed development agreement
(hereinafter`referred to as the "Development Agreement") prepared in conformance with the Standard
Development Agreement for The Platinum Triangle to vest certain project entitlements and address the
implementation of the Gateway Centre Condominium Project; and
WHEREAS, the Development Agreement pertains fo 3.8 acres of real property in _the City of
Anaheim and proposed deVelopment, owned by the Applicant, commonly known as 2045 South State
: College Boulevard (the "Property'); which is located in The Platinum Triangle and zoned PTMU Overlay
(Gateway District), and more particularly shown and described on Exhibit "A", which is attached hereto and
incorporafed herein by this reference; and
WHEREAS, the Applicant desires to develop the Property in accordance with the provisions
of the Development Agreement by developing a multiple family residential project consisting of 266
residential dwelling units and a 612 space parking structure, as more particularly set forth in Final Site Plan '
No. 2005-00003 and Tentative Tract Map No 16826 (hereinafter collectively referred to as the "ProjecY'); and
WHEREAS, on June 9, 2005, the Planning Director approved Final Site Plan No- 2005-
00003 to provide for the development of the Gateway Centre Condominium Project, contingent upon the
approval of Tentative Tract Map No. 16826 and Development Agreement No. 2005-00006, by the Planning
Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 13, 2005, at 2:00 p.m., notice of said public hearing having been duly given as
required by faw and in accordance with the provisions of the Anaheim Municipaf Code, Chapter 18.60, to
hear and consider evidence for and against said Development Agreement and Tentative Tract Map No
16826 and to investigate and make findings and recommendations in connection therewith and said public
hearing was continued to the June 27, 2005, Planning Commission meeting; and
WHEREAS, the Applicant has demonstrated that theProject meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing #hat, upon
completion, the Project will result in the construction of 266 dweAing units and a 612 space parking structure
within a period of not more than five (5) years; 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 existing General Plan 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: ,
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2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district because the Project'is in compliance with the PTMU Overlay Zone
requirements as set forth in Final Site Plan No. 2005-00003, which was approved by the Planning `
Director on June 9, 2005; and Tentative Tract Map No. 16826, which was approved by the Planning
Commission on June 27, 2005.
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.
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.
7. That no one indicated their presence at said public hearing in'opposition; and that no'correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That #he Anaheim Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract
Map No. `16826; 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 pursuanf to CEQA for the Deve{opment Agreement, 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, 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
Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 131,
are adequate to serve as the required environmental documentation for this Development Agreement 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#ind and
determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each
and all of the conditions set forth in Development Agreement No. 2005-00006 and Tentative Tract Map Na
16826. Should any such condition, or any part thereof, be declared invafid or unenforceable by the final
judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shaH be deemed nulf 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
June 27, 2005. Said resolution is subject to the appeal provisions set forth in ter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and m repla d by o ncil
Resolution in the event of an appeal.
,~°
~/'CHAIRMAN, ANAHEIM ANNING COMMISSION
ATTEST:
/~~~ .
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 June 27, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ, P. ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA' -
IN WITNESS WHEREOF,1 have hereunto set my hand this ~ y?'~ day of
, 2005.
~.~~r-~-~ .
SENIOR SECRETARY, ANAHEIMPLANNING COMMfSSION