Resolution-PC 2007-155•
RESOLUTION NO. PC2007-155
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A RESOLUTION OF THE ANAHEIM PLANNING CpMMISSION
RECQMMENDiNG CITY CqUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT NQ. 2007-00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND RONALD W. MARSHALL AND
DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST,
AND SEE DEVELOPMENT LIMITED PARTNERSHIP,
AND MAKING CERTAIN FINDINGS RELATED THERETO
(1005 - 1105 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 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 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 The
Platinum Triangle; and
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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 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 for the PTMU 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 February 13, 2007, the City Council initiated (i) General Plan
Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to
The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-
00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement
(MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent
Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum
Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and
WHEREAS, the "Platinum Triangle Expansion ProjecY' is pending Commission
consideration on the same agenda as this request, and further, that the City Council is scheduled to
consider the "Platinum Triangle Expansion Project" on December 11, 2007; and
WHEREAS, on October 16, 2007, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
Law"), Integral Partners, representing Ronald W. Marshall and Deborah L. Marshall Trust, The
Marshall Family Trust, and See Development Limited Partnership (hereinafter "Applicant"),
submitted an application to the Planning Department for approval of Development Agreement No.
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2007-00002 (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 Platinum Vista Project; and
WHEREAS, in conjunction with the Development Agreement, the Applicant also
requested approval of Conditional Use Permit No. 2007-05248 and Tentative Tract Map No. 17186;
and
WHEREAS, the Development Agreement pertains to approximately 4.6 acres of real
property in the City of Anaheim, owned by the Applicant, commonly known as 1005 through 1105
East Katella 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 Katella District of the PTMU Overlay as
proposed for reclassification as part of the Platinum Triangle Expansion Project; and
WHEREAS, the Applicant desires to develop the property with a 327 unit mixed use
residential condominium project with a 9,500 square foot full-service restaurant with outdoor dining
area., as more particularly set forth in Exhibit "B" of the Development Agreement (the "Final Site
Plan"), Conditional Use Permit No. 2007-05248, and Tentative Tract Map No. 17186 (hereinafter
collectively referred to as the "Platinum Vista Project");
WHEREAS, on December 3, 2007, the Planning Director approved Final Site Plan
No. 2007-00011 to provide for the development of the Platinum Vista Project, contingent upon the
approval of the Platinum Triangle Expansion Project, Development Agreement No. 2007-00002 and
Tentative Tract Map No. 17186; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 10, 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 mixed use project containing
327 residential condominiums and a 9,500 square foot full-service restaurant with outdoor dining
area 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:
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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, as proposed for amendment as part of
the Platinum Triangle Expansion Project.
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 PTMU Overlay Zone
requirements, as proposed for amendment as part of the Platinum Triangle Expansion Project,
and as set forth in the Master Site Flan, Conditional Use Permit 2007-05248 and Tentative
Tract Map No. 16186.
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 proposed for amendment as part of the
Platinum Triangle Expansion Project, and has been coordinated and designed to be compatible
with the adjacent proposed Platinum Gateway project.
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 letters
were received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal; and did find and determine pursuant to the
provisions of the California Environmental Quality Act ("CEQA"), based upon its independent
review and consideration of an Initial Study 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 FSEIR No. 334 with Mitigation Monitoring Plan No. 149, are adequate to serve
as the required environmental documentation for this proposal 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, contingent upon Council
approval of the Platinum Triangle Expansion Project.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 10, 2007.
~ _. ,
CHA A ANAHEIM NNING COMMISSION
ATTEST:
~ ~--~~
SENIOR ~CRETARY, ANAHEIM PLANNING COMMISSION
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 December 10, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NON$
ABSENT: COMMISSIONERS: NONE
/ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~G~~/ z'/ , 2007.
R SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY:
PARCEL 1:
PARCEL I, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSNE OF PARCEL MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
PARCEL 2:
PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSNE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COLJNTY, CALIFORNIA.
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