Resolution-PC 2008-58RESOLUTION NO. PC2008-58
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDiNG CITY COUNCIL DETERMINATING THAT
PREVIOUSLY-CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE
ENVIRONMENTAL DOCUMENT FOR THE PROJECT
AND RECOMMENDING CITY COUNCIL
APPROVAL OF DEVELOPMENT AGREEMENT NO. 2008-00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND K/L ANAHEIM PROPERTIES I LLC AND
K/L ANAHEIM PROPERTIES II LLC,
AND MAICING CERTAIN FINDINGS RELATED THERETO
(905-917 EAST KATELLA AVENUE)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commencing with
Section 65864) of the Govemment 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 tY~e 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 AmendmenY'), and certified Final Environmental Impact Report No. 330, adopting
Findings of Fact and a Statement of Ovemding Considerations, and associated Mitigation
Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the
General Plan Ainendment, amendment of the City's zoning code, and a series of related actions; and
WHEREAS, the General ~lan sets forth a vision for development of Mixed Uses,
Office High, Office Low, Industrial and Institutional land uses within an appro~nately 820-acre
azea generally bounded by the 3anta Ana River on the east, the Anaheiin City limits on the south,
the Santa Ana Freeway (Interstate 5) on the west, and the Southem California Edison Company
Easement on the north ("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 Plarinum 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 Txiangle 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 standazds for the. Platinum
Triangle Mixed Use (PTMLJ) Overlay Zone (the "PTMiI Overlay Zone") and Ordinance No. 5936,
amending the zoning map to reclassify approxitnately three hundred and seventy-five acres within
The Platinum Triangle into the PTMt1 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
WHEREA3, the PTMIJ Overlay Zone requires a Development Agreement between
the property owner and the City of Anaheim to nnplement all development in the Katella, Gene
Autry, Gateway and Orangewood Districts of the PTMiJ Overlay Zone, except as otherwise exempt
under Code; and
VJHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-
179, approving the form of the Standazd Development Agreement for the PTMIJ Overlay Zone; and
WHEREAS, on October 2~, 2005, the City Council certified Final 3ubsequent
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. 20Q4-0042Q 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 Standazdized Aevelopment 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 April 8, 2008, the City Council certified Final Subsequent
Environmental Impact Report No. 2006-00334 (FSEIR No. 334) and the Updated and Modified
Mitigation Monitoring Program No. 106B in connection with its consideration of General Plan
Amendment No. 2007-00454, Amendment to the Platinum Triangle Master Land Use Plan
Miscellaneous Case No. 2006-00188, Zoning Code Amendment No. 2007-00056, Zoning
Reclassification No. 2007-00196, Amendment to the Platinum Triangle Standardized Development
Agreement Form Miscellaneous Case No. 2007-00203 and Water Supply Assessment
Miscellaneous Case No. 2007-00218; and
WHEREAS, on January 22, 2008, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
Law"), The PRS Group, representing K/L Anaheim Properties I LLC and K/L .Snaheim Properties
II LLC (hereinafter "ApplicanY'), submitted an application to the Planning Depazhnent for approval
of Development Agreement No. 2008-00002 (hereinafter the "Application"), which included a
proposed development agreement (hereinafter the "Development AgreemenY') prepazed in
conformance with the Standazd Development Agreement for The Platinum Triangle to vest certain
project entitlements and address the implementation of the Platinuin Gateway Project; and
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WHEREAS, in conjunction with the Development Agreement, the Applicant also
requested approval of Conditional Use Permit No. 2008-05304; and
WHEREAS, the Development Agreement pertains to approximately 8.7 acres of real
property in the City of Anaheim, owned by the Applicant, commonly known as 905-917 East
Katella Avenue, as more particularly shown on E~ibit A, attached hereto and incorporated herein
by this reference, which is located in The Platinum Triangle and within the Industrial (I) zone and
the Katella Dish-ict of the PTMU Overlay; and
WHEItEAS, the Applicant desires to develop the property with a 13-story office
209,419 square foot office building with a 5,586 square foot full service restaurant with an outdoor
dining azea of 1,715 square feet and 4,381 square feet ofretail space, a hotel with 138 guest rooms
including 'L,225 squaze feet of accessory office space, 1,784 square feet of hotel serving retail, 8,~39
square feet of food uses, and 4,347 square feet of banquedmeeting space, and a 320-unit residential
complex, as more particulazly set forth in E~ibit "B° of the Development Agreement (the "Final
Site Plan") and Conditionai Use Permit No. 2008-05304 (hereinafter collectively referred to as the
"Platinum Gateway ProjecY');
WHEREAS, on May 7, 2008, the Planning Director approved Final Site Plan No.
2008-00001 to provide for the development of the Platinum Gateway Project, contingent upon the
approval of Development Agreeinent No. 2008-0000? and Conditional Use Permit No. 2008-0~304;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheun on May L, 2008, 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 heaz 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 development
consisting of 320 dwelling units, a 209,419 square foot office building with a 5,586 square foot
restaurant with a 1,715 square foot outdoor d'uung area and 4,381 square foot of retail space, and a
138-room hotel with 2,225 square feet of accessory office azea, 1,784 square feet ofhotel serving
retail, 8,329 square feet of food uses and 4,347 square feet ofbanquedmeeting space within a period
of not more than twelve (12) yeazs, consisting of one (1) initial seven (7) yeaz period and one (1)
five year extension period that shall be granted pursuant to the attainment of certain milestones
contained in E~ibit "G" of the Development Agreement ("Development Milestones"); and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself azid ui its behalf; and after due consideration of and based upon all of the evidence and reports
offered at said hearing, does find and detennine that the Development Agreement meets the
following standards set forth in the Procedures Resolution:
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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 PTMU
Overlay Zone requirements as set forth in the Final Site Plan and Condifional Use Permit 2008-
05304.
3. That the Project is compatible with the orderly development ofproperty in the
surrounding area in that it is in conformance with and implements The Platinum Triangle Master
Land Use Plan and the PTMiJ ~vexlay Zone requirements.
4. That the Project is not otherwise detrimental to the health and safery of the cifizens
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 khe 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.
WHEREAS, at the public hearing the Planning Commission added a condition of
approval to Exhibit C-1 of the development agreement requiring site screening for the project if the
project ceases construction for a minimum of one year; and
WHEREAS, the City Council certified Final Subsequent Environmental Impact
Report No. 334 in connection The Platinum Triangle Expansion Project in Apri12008. The Council
also approved a Statement of Findings and Fact and Overriding Considerations and the Updated and
Modified Mitigation Monitoring Program No. 106B (MMNIP No. 106) in conjunction with the
Final S~IR. The Final SEIR addressed the environmental impacts and mitigation measures
associated with those activities that would be undertaken pursuant to and in furtherance of The
Platinum Triangle Expansion Project. Mitigation Monitoring Plan No. 153 includes mitigation
measures from MMMP No. 106B that are applicable to the proposed project. Therefore, FSEIR No.
334, together with Mitigation Monitoring Plan No. 153, 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 fnr the proposed project actions.
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NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim Planning Commission does hereby reconunend to the City
Council the approval of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May L, 2008.
~
CHAI , AN EIM P ING COMMISSION
ATTEST:
OFFICE 3PECIfiLIST, ANAHEIM PLANNING DEFARTMENT
STATB OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIT`Y OF ANAHEIM )
I, Julie Hourani, Office 5pecialist, do hereby certify that the foregoing resolution was
passed and adopted at a meeting pf the Anaheun Planning Cominission held on May 12, 2008, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, EAS'I'MAN, FAESSEL, ROMERO,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAICI
IN WITNESS WHEREOF, I have hereunto set my hand thi~'~ day of
tl; , 2008.
,~ ~;I 1
OFFICE SPECIt~IL,IST, ANAHEIM PLANNING AEPARTMENT
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Item No. 5
~. IND. FIRMS
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ORANGECOUNTV W
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PIATINUM TRIANGLE MIXED -USE
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'~~ RCL 99-00-15
'~~~. RCL 66-67-36 iNO. FiRnns
'~~. RCL 66-67-14
°' ' RCL 60-61-113
°' ~'~. RCL 55-56-19
~'~. RCL 54-55-42
I CUP 2008-05304
: DAG 2008-00002
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KATELLAILEWIS MIXED RETAIL/OFFICE USE~~~.
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Development Agreement No. 2008-00002 E~E~~E^~Tn~w
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905-917 East Katella Avenue ?0494