Resolution-PC 2007-71• •
RESOLUTION NO.PC2007-71
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
` GRANTING CONDITIONAL USE PERMIT N0. 2006-05134
- ; {1969 SOUTH STATE COLLEGE BOULEVARD) ,
` WHEREAS,#he Platinum Triangle Mixed Use (PTMU) Overlay Zone, Chapter 18.20 of the
' Anaheim Municipal Code, allows'building heights over 100 feet subject to the' approval of a conditional use
permit:
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WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermif to allow maximum building heights ranging from 150-300 feet for certain real property situated in
The Platinum'Triangle area'of the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4'
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN"JUAN CAJON>DE SANTA ANA, lN
' 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, ~bESCRIBED 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.
APN: 083-290-88
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 2007 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 said proposed conditional usepermit and #o
investigate and make findings a~d recommendations +n connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and studymade 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 request for maximum building heights ranging from 150-300 feet is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section Na 18.20.050.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with existing and surrounding land uses, and will further provide a project that is compatible and consistent
with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan
(PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That, with implementation of the mitigation measures set forth in EIR Na 2006-00335,
Mitigation Monitoring Program No. 143, the approval of the proposed maximum building heights,will not
impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the
area. '
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5. ; That the granting of the conditional use permit under the conditions imposed will not be
detrimental to:the health and safety of the citizens of the City ofAnaheim.
6. That no one indicated their presence at said public hearing in;opposition; and that no
correspondence was received in opposition to subject petition. That two people spoke with concerns
pertaining to the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
. ' Commission by Resolution No. PC2007=68, did certify Final Environmental Impact Report No. 2006-00335,
adoptFindings of Fact and a Statement of Overriding Considerations'in connection therewith, adopt
~ Mitigation Monitoring Program No. 143 and determine that said Final Environmental Impact ReportNo. 2006-
00336 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is
adequate to serve as the environmental documentation for General Plan Amendment No. 2006-00446,
Miscellaneous Case No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning
' Code Amendment No. 2007=00054, Conditional'Use Permit No: 2006-05134,;Development Agreement No:
2006-00004, and Tentative` Tract Map No. 17089.
`; NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning,Commission'does
hereby approve Conditional Use Permit No. 2006-05138, upon the following conditions which are he~eby
found to be a'necessary prerequisite to the proposed use of the subject property in order to preserve the '
safety and general welfare of the Citizens of the City of Anaheim: `
1. That prior to the approval of each Final Site Plan, plans shall indicate compliance with the
' maximum building:heights as identified in the Maximum Height Exhibit (Exhibit B-2) of Development
' Agreement No. 2006-00004 and which is incorporated herein by this reference as if set forth in full. Plans
submitted for 6uilding permits shall be prepared in compliance with the approved Final Site Plan. '
~ 2. That the property owner/developer shall be responsible for compliance with allmitigation
measures within the assigned time frames and any direct costs associated with the attached Mitigation
Monitoring Program No. 143 as established by the City of Anaheim and as required by Section 21081.6 of ;
the Public Resources Code to ensure implementation of those identified mitigation measures.
3: That this Conditional Use Permit No. 2006-05134 is granted expressly conditioned upon
certification of EIR No. 2006-00335 and approval of Mitigation Monitoring Program No. 143, General Plan _
Amendment No. 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment to The Platinum Triangle
` Master Land Use Plan), Zoning Code Amendment No. 2007-00054, and Development Agreement No. 2006-
00004. " : -
' 4. That this Conditional Use Permit, shall be valid for a period of time coinciding with the timing set
forth in Development Agreement Na 2006-00004, which provides for the Gene Autry Experience proje~t to
be developed in up to three (3) development phases commencing from the adoption date of Development .
Agreement No. 2006-00004 and extending no further than the fifteenth (15) anniversary of the Development
AgreementDate'provided that milestones are completed as shown in Exhibit E(Deveiopment Milestones) of
Development Agreement No. 2006-00004. - ,
' S. Prior to the approval of each Fina{ Site Plan for high-rise towers over 100 feet in height as
allowed pursuant to Conditional Use Permit No. 2006-05134, plans shall show that retail/townhome uses at a
height of two to three stories shall be constructed at the base of each #ower structure to screen the parking
podium and provide a pedestrian-friendty street edge and scale and, further, that the subterranean parking
podiums shall contain spaces for residential and retaif uses and utility equipment rooms.
6. That prior to the issuance of the first building permit for each Finat Site Plan, the property
owner/developer shall submit utility plans to the Public Utilities Department for review and approyal. If said
plans propose to include "non-traditional" utility equipment, as determinedby the Public Utilities Department,
said equipment shail be subject to the review and approval of the Public UtiGties Department.
7: That prior to the issuance of the first building permit for each Final Site Plan including "non-
traditional" utility equipment approved pursuant to Condition No. 6, the property owner/developer shall enter
into arr Agreement with the City of,Anaheim providing for:the property owner, or another ~nancial mechanism
accepfa6le to the City, to provide ongoing maintenance of saitl "non-traditional" equipmenf and for said
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equipment to be accessibie to the Public Utilitiesbepartment ongoing during project operation: Said
Agreement shall be in a form appraved by the City Attorney's Office and prepared to the satisfaction of the
Public Utilities Department.
8. That this Conditionat Use Permit is granted subject to adoption of General Plan Amendment No.
2006-00446, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2006-
00162), Zoning Code Amendment No. 2007-00054, and Development Agreement No. 2006=00004.
9. . That subject property shall be developed substantially in accordance with Development
Agreement No. 2006-00004, and as conditioned herein. '
10. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
,regulations. Approval does not include any action or findings as to compliance or approval of the request ''
regarding any other applicable ordinance, regulation or requirement.
' BE IT 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
unenforceabie by the final judgment of any court of competent jurisdiction, then thisResofution, and any , `-
approvals herein contained, shall be deemed null and'void.
AND BE 1T FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice, prior#o the issuance of building permits or cammencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in #he issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION:was adopted at the Planning Commission meeting of
July 9, 2007. 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 replaced by a City Council `
Resolution in the event of an appeal.
CHA RMA ANAHEIM P NING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
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 9, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
lN WITNESS WHEREOF, I have hereunto set my hand this ~-~ day of
~U ~. , 2007.
~~/~/J .
/YXA~•-r,~ ir~~ '
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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