Loading...
Resolution-PC 2007-136• • RESOLUTION NO. PC2007-136 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2006-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND PLATINUM TRIANGLE PARTNERS, LLC, AND MAKING CERTAIN FINDINGS RELATED THERETO (2050 SOUTH STATE COLLEGE BOULEVARD AND 2015 - 2125 EAST ORANGEWOOD 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 contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to 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 Amendment"), 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 cany 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 The Platinum Triangle; and - 1 - PC2007-136 • • 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 No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMIJ 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 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 WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMiJ 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 for the PTMLJ Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 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 No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Training Center site and Reclassification No. 2004-00134; and WHEREAS, on September 4, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Platinum Triangle Partners, LLC, (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2006-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter 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 A-Town Stadium Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requested approval of Conditional Use Permit No. 2006-05093 and Tentative Tract Map No. 16860; and - 2 - PC2007-136 • • WHEREAS, the Development Agreement pertains to approximately 15.6 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2050 South State College Boulevard and 2015 - 2125 East Orangewood Avenue, 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 Gateway District of the PTMLJ Overlay; and WHEREAS, the Applicant desires to develop the property with an 878-unit residential project consisting of six development areas, two public parks and new public connector streets, as more particularly set forth in Exhibit "B" of the Development Agreement (the "Master Site Plan"), Conditional Use Permit No. 2006-05093, and Tentative Tract Map No. 16860 (hereinafter collectively referred to as the "A-Town Stadium Project"); WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 29, 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 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 a residential development consisting of up to 878 dwelling units within a period of not more than fifteen (15) years, consisting of one (1) initial five (5) year period and two (2) five (5) year extension periods that shall be granted pursuant to the attainment of certain milestones contained in Exhibit "E" of the Development Agreement ("Development 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 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 Project 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 PTMLJ Overlay Zone requirements as set forth in the Master Site Plan, Conditional Use Permit 2006-05093 and Tentative Tract Map No. 16860. 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 PTMLJ Overlay Zone requirements and has been coordinated and designed to be compatible with the adjacent Orangewood Condominiums project. - 3 - PC2007-136 • ~ 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 staff provided the Commission with an Errata to Sections 13.4 and 13.7 of the Development Agreement pertaining to the establishment of Assessment Districts, and which Errata has been incorporated into this Development Agreement. 8. That no one indicated their presence at said public hearing in opposition; and that two letters were received expressing concerns with the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Development Agreement No. 2006-00002 - to adopt a Development Agreement between the City of Anaheim and Platinum Triangle Partners, LLC for an 878-unit residential project consisting of six development areas, two public parks and new public connector streets 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/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 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its Second Addendum with Mitigation Monitoring Plan No. 142, 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. 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 October 29, 2007. CHA , ANAHEIM ANNING COMMISSION ATTEST: /~~ c.~ SENIORYSECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2007-136 • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 29, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAI~I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~ ~~,~ , 2007. ARY, ANAHEIM PLANNING COMMISSION - 5 - PC2007-136 • • EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY: PARCEL A: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 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 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.79 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE PO1NT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59' 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT;THENCE SOUTH 89° 59' 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THESOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292 PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17' 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 23' 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOLJND CURVE THROUGH A CENTRAL ANGLE OF 0° 57' 19"; THENCE SOUTH 31° 16' 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49' 31" TO THE POINT OF BEGINNING. PARCEL Al: A RIGHT OF WAY AND EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SAID LOT 3 IS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHERLY 667.79 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3(CENTERLINE OF ORANGE WOOD AVENUE) SAID POINT BEING DISTANT NORTH 89° 59' 00" EAST 1031.93 FEET FROM THE WEST LINE OF SAID LOT 3(CENTERLINE OF STATE COLLEGE BOULEVARD); THENCE ALONG SAID PARALLEL LINE NORTH 89° 59' 00" EAST A DISTANCE OF 22.26 FEET TO AN INTERSECTION WITH A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 344.25 FEET (RADIAL L1NE THROUGH SAID INTERSECTION SEARS SOUTH 78° 21' 47" EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 47' 33" AND AN ARC DISTANCE OF 70.85 FEET; THENCE SOUTH 89° 50' 40" WEST 5.00 FEET TO A LINE WHICH IS PARALLEL W1TH THE WEST LINE OF SAID LOT 3; THENCE SOUTH 0° 9' 20" EAST ALONG SAID PARALLEL LINE 41138 FEET; THENCE SOUTH 89° 50' 40" WEST 10.00 FEET; THENCE NORTH 0° 09' 20" WEST 481.79 FEET TO THE POINT OF BEGINNING. - 6 - PC2007-136 • • PARCEL B: THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AS DESCRIBED IN THE DEED TO THE OWEN COMPANY, RECORDED APRIL 9, 1963 IN BOOK 6500 PAGE 838, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED BY JLJDGMENT RENDERED ON Ji.JNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COLTNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1997 AS INSTRiIMENT NO. 97-0222990, OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL D: THE WEST 203.67 FEET, MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST LINE OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL RIGHTS, 1TFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN, RECORDED NLY 13, 1965 IN BOOK 7590 PAGE 498, OFFICIAL RECORDS. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JLJDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY, PARCEL E: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 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 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS OF SAID COUNTY. - 7 - PC2007-136 ^ PARCEL F: • THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE OUNTY, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER OF PLACENTIA AVENUE, NOW STATE COLLEGE BOULEVARD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAILROAD PURPOSES AS SET FORTH AND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 10, 1978 IN BOOK 12794 PAGE 1212, OFFICIAL RECORDS. PARCEL G: PARCEL 2 AS SHOWN ON A MAP FILED 1N BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED ON JiJNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF ANAHEIM, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 765097, A CERTIFIED COPY OF WHICH BEING RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE OF THE COLJNTY RECORDER OF SAID COUNTY. PARCEL Gl: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION LYING WITHIN PARCEL A AS STATED ABOVE. SAID LAND IS DELINEATED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 8 PC2007-136