Resolution-PC 2007-81a ~,
RESOLUTION NO. PC2007-81
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT N0.2007-00001 BY AND BETWEEN -
THE CITY OF ANAHEIM AND STEADFASTINVESTMENT'PROPERTIES,
` INC., JAPOS, INC:, AND 2130 DUPONT COMPANY, AND
MAKING CERTAIN FINDINGS RELATED THERETO
, (2210-2220 EAST ORANGEWOOD AVENUE AND 213Q AND 2231 DUPONT CIRCLE)
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
contract which is cafled a development agreement in order to establish with certainty what regulations will
govern the construction of a development; 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"), as a charter city, heretofore enacted
OrdinanceNo. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject
to the Statute; and ° :
°WHEREAS, pursuant to subdivision (c) of Section 66865 of the Statute, the City heretofore
on November23, 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 sets forth a vision for development of Mixed Uses, 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 California Edison Company Easement on the north ("The Platinum
Triangle"}; and
WHEREAS, in order to carry out the goals and polices 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 ThePlatinum 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 Council adopted Ordinance No. 5935 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 Na 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
Zone as depicted in The P{atinum Triangle Master Land Use Plan to provide opportunities for high quality,
well-designed development projects that could be stand-alone projects, or combined residential and non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within'the area; and '' , ''
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WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the
property owner and fhe City of Anaheim #o implemenf all development in the' Katella, Gene Autry,
Orangewood and Gateway Districts of the PTMU Overlay'Zone, except as otherwise exempt under Code;
and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement forthe PTMU Overlay Zone; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental '
Impact Report Na 332 (FSEIR No: 332) and the Updated and Modified Mitigation Monitoring Program Na
106A in connection with its consideration of General Plan AmendmentNo. 2004-00420, Zoning Code
Amendment No. 2004-00036, Miscellaneous Case Na 2004-00089 to amend The Platinum Triangle Master
Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized
Development Agreement, Miscellaneous Case Na 2005-00115 to rescind, in part, the Resolution of lntent
pertaining to reclassification of the North Net Training Center site and Reclassification No:2004-00134; and
WHEREAS, on June 14, 2007, pursuant to the Statute, the Enabling Ordinance, and the
Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Steadfast
InvestmentProperties, Inc:, Japos,Jnc., and 2130 Dupont Company, (hereinafter collectively referred to as
the "Applicant"), submitted an application to thePlanning Department for approval of DeVelopment
Agreement No. 2007-00001 (hereinafter the "Application"), which included a proposed development
agreement (hereinafter the "Development AgreemenY') prepared in conformance with the Standard'
Development Agreement for The Platinum Triangle to vest certain project entitlements and address the
implementation of the Platinum Tower Project; and
WHEREAS, the Development Agreement pertains to approximately 3.8 acres of real
property in the City of Anaheim, owned by the Applicant, commonly known as 2210-2220 East Orangewood
Avenue and 2130 and 2231 Dupont Drive, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (hereinafter the "Property'), which is located in The Platinum Triangle
and within the Industrial (I) zone and the Orangewood District of the PTMU Overlay, as amended; and
WHEREAS, the Applicant desires to develop the property in accordance with the provisions
of the Development Agreement by developing a twenty-story, commercial high rise office building, consisting
of approximately 596,500 square feet of office space, approximately 10,000 square feet of associated retail
development, and a seven and one-half story parking structure, as more particularly set forth the Final Site
Plan No. 2007-00005 and Conditional Use Permit No. 2007-05222 (referred to herein as the "Platinum Tower
ProjecY'); and
WHEREAS, on July 5, 2007, the Planning Director approvedFinal Site Plan No. 2007-00005
to provide for the development of the Platinum Tower Project, contingent upon the approval of General Plan
Amendment No. 2006-00445, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous
Case No. 2007-00202), Zoning Code Amendment No. 2007-00060, Conditional Use Permit No. 2007-05222, `
Reclassification No: 2007-00207, and Development Agreement No. 2007-00001; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23, 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, to
hear and consider evidence for and against said Development Agreement and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, the Applicant has demonstrated that the Platinum Tower Project meets the
eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing
that, upon completion, the Platinum Tower Project will result in the construction of a twenty-story, commercial
high rise office building, consisting of approximately 596,500 square feet of office space, approximately
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10,000 square feet of associated retail development, and a seven and one=half story 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 Platinum Tower Project is consistent with #he City's General Plan, as amended byGeneral
Plan Amendment No. 2006-00445, in that it is in conformance with the Generai Plan Mixed Use land
use designation and with the goais, poficies and objectives for The Platinum Triangle as set forth in the
General Plan as amended.
2. That the Platinum Tower Project is compatibie with the uses authorized in and the regulations
prescribed for the applicable zoning district in that the Platinum Tower Project is'in compliance with the
PTMU Overlay Zone requirements as setforth in the Final Site Plan No. 2007-00005, which has been
approved by the Planning Director, and General Plan Amendment Na2006=00445, Miscellaneous
Case No. 2007-00202, Zoning Code Amendment No: 2007-00060, Conditional Use Permit No. 200T-
05222, and Reclassification No: 2007-00207.
3. That the Platinum Tower Projecfi 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 proposed for amendment per Miscellaneous
Case No. 2007-00202 (Amendment to The Platinum Triangle Master Land Use Plan) and Zoning Code
Amendment Na 2007-00057. .
4. That the Platinum Tower 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 subject petition. A person spoke about issues and a person spoke with
concems pertaining to the subject request, and a letter of concem was received.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Development Agreement No. 2007-00001 and; by its motion, did find and
determine and recommend that the City Council find and determine, pursuant to theprovisions of the
California Environmental Quality Act ("CEQA"), and based upon its independent review and consideration of
an Initial Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the
requirements of CEQA, including Section 21166 of the California Public Resources Code and Section T5162
of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR Na
332 and the Third Addendum to FSEIR 332, together with the Updated and Modified Mitigation Monitoring
Program No. 106A for The Platinum Triangle, and Mitigation Monitoring Plan No. 145, are adequate to serve
as the required environmental documentation for this Developmenf Agreement and satisfy all of the
requirements of CEQA, and that no further environmental documentation need be prepared for this
Development Agreement.
• ' •
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing findings and
deferminations, the Anaheim Planning Commission does here6y recommend that the City Council approval .
and adopt Development Agreement Na 2007-00001.
, THE'FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 23, 2007.
/
CHAIR AN,' AH IM PLAN G COMMISSION
ATTEST:
/?' ~
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 23, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
!/ !/ , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT «A,~
LEGAL DESCRIPTION OF THE PROPERTY
Real property in,the City of Anaheim, County of Orange, State of California, described as follows:
PARCEL 15, AS SHOWN ON A'MAP fILED 'IN BOOK 30, PAGE 34 OF 'PARCEL MAPS,
RECORDS OF ORANGE COUNTY.
EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND
MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE
DESCR5IBED'PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS`THEREFROM
AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF; WITHOUT, HOWEVER,
THE RIGHT TO USE OR OCGUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AD
500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID
LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING,
STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH`'OIL, GAS OR OTHER
HYDROCARBON `OR MINERAL SUBSTANCES, AS` RESERVED IN '; DEED RECORDED
OCTOBER 29, 19721N BOOK 10494, PAGE 484, OFFICIAL RECORDS.
APN: 083-272-02
Real property in the City of Anaheim, County of Orange, State of California, described as follows:
PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROGARBONS AND
MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE
DESCRIBED PROPERTY, TOGETHER WITHALL RIGHTS TO THE PROCEEDS THEREFROM
AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO, WITHOUT, HOWEVER,
THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE
AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE IF
SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING,
EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTIUZING SUCH OIL,
GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED
RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS.
APN: 083-272-01 and 083-272-07