Resolution-PC 2008-62RESOLUTION NO. PC2008-62
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL DETERMINING THAT
PREVIOUSLY-CERTIFIED FINAL SUSEQUENT ENVIRONMEN'~AL
IMPACT REPORT NO. 334 IS APPROPRIATE TO SERVE AS THE
ENVIRONMENTAL DOCUMENT FOR THE PROJECT
AND RECOMMENDING CITY COUNCIL
APPROVAL OF DEVELOPMENT AGREEMENT NO. 2007-00006 BY AND BETWEEN
THE CITY OF ANAHEIM AND ROBERT WELLS FAMILY PARTNERSHIP,
A CALIFORNIA LIMITED PARTNERSHIP, AND
TWEDT FAMILY PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP,
AS TENANTS-IN COMMON, AND
TCRSC DEVELOPMENT LIMITED PARTNERSHII', A TEXAS LIMITED PARTNERSHIP
(2100 EAST ORANGEWOOD AVENLJE)
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 whicli 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,
l~eretofore 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 NovemUer 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, tl~e Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim
("The Platinum Triangle"), and certified Final Environmental Impact Report No. 330, adopting
Findings of Fact and a Statement of Oveniding 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,
Offce High, Office Low, Lidustrial 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,
Uie 3anta Ana Freeway (Interstate 5) on the west, and the Southem California Edison Company
Easement on tlae 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 Counci] adopted Resolution No. 2004-177,
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approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The
Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The
Platinum Triangle and pursuant to the procediues 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 withip
The Platinum Triangle into the PTMU 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 PTMiJ Overlay Zone requires a Development Agreement between
the property owner and the City of Anaheim to implement all development in the Katella, Gene
Autry, Gateway and Orangewood Districts of the PTMU Overlay Zone, except as otherwise exempt
under Code; and
WI-IEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-
179, approving the form of the Standazd Development Agreement for the PTMLI Overlay Zone; and
WHEREAS, on October 25, 2005, the City CoLmcil certified Final Subsequent
Environmental Impact Report No. 332 (FSEIIZ 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 Flatinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to
amend The Platinum Triangle Standazdized 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 ReclassiFcation No. 2004-00134; and
WHEREAS, on Apri18, 2008, the City Council certiFed 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 Standazdized Development
Agreement Form Miscellaneous Case No. 2007-00203 and Water Supply Assessment
Miscellaneous Case No. 2007-00218; 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"), TCRSC Development Limited Partnership, representing the Robert Wells Family
Paztnership and Twedt Family Partnership (hereinafter "ApplicanY'), submitted an application to the
Planning Department for approval of Development Agreement No. 2007-00006 (hereinafter the
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"Application"), which included a proposed development agreement (hereinafter the "Development
AgreemenY') prepared in conformance with the Standazd Development Agreement for The Platinum
Triangle to vest certain project entitlements and address the implementation oFthe Alexan
Orangewood Project; and
WHEREAS, in conjunction with the Development Agreement, the Applicant also
requested approval of Conditional Use Permit No. 2007-05284, Tentative Tract Map No. 17241 and
Miscellaneous Case No. 2008-00246; and
WHEREAS, the Development Agreement pertains to approximately 6.93 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 2100 East
Orangewood Avenue, as more particularly shown on Exhibit A, attached hereto and incorporated
herein by tk~is reference, which is located in The Platinum Triangle and withica the Industrial (I) zone
and the Gateway District of the PTMU Overlay; and
WHEREAS, the Applicant desires to develop the property with a 689-unit residential
project, as more particularly set forth in Exhibit "B" oFthe Development Agreement (the "Final Site
Plan"), Conditional Use Penmit No. 2007-05284, and Tentative Tract Map No. 17241 (hereinafter
collectively referred to as the "Alexan Orangewood Project");
WHEREAS, on May 7, 2008, the Planning Director approved Final Site Plan No.
2007-00014 to provide for the development of the Alexan Orangewood Project, contingent upon the
approval of Development Agreement No. 2007-00006, Conditional Use Permit No. 2007-05284 and
Tentative Tract Map No. 17241; and
WHEREAS, the Planning Commission did hold a public heazing at the Civic Center
in the City of Anaheim on May 12, 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 hear and consider evidence for and against said Development Agreement
and to investigate and make findings and recommendations in connectipn 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 project containing
689 residential apartments and or condominiums within a period of not more than five (5) yeazs;
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 Chat it is in conformance
with the General Pian Mixed Use land use designation and with the goals, policies and objectives
for The Platinum Triangle as set forth in the General Plan.
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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, Conditional Use Permit 2007-05284
and Tentative Tract Map No. 17241.
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 Platimun Triangle Master
Land Use Plan and the PTMU Overlay Zone requirements.
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
correspondence was received in opposition to the subject petition.
WHEREAS, at the public hearing the Planning Commissipn 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 with The Platinum Triangle Expansion Project in April 2008. The
Council also approved a Statement of Findings and Fact and Overriding Considerations and the
Updated and Modified Mitigation Monitoring Program No. 106B (MMMP 106) in conjunction with
the Final SEIR. 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. 152 includes mitigation
measures from MMMP No. 1068 that are applicable to the proposed project. Therefore, FSEIR No.
334, together with Mitigation Monitoring Plan No. 152, 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 the proposed project actions.
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 May 12, 2008.
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CHA~I N, A AH . I. PLANNING
COMMISSION
ATTES~~~~~C
OFFICE SPECIA~,YST, ANAHEIM PLANNING DEPARTMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution was
passed and adopted at a meeting of the Anaheim Planning Commission held on May 12, 2008, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, EASTMAN, FAESSEL, ROMERO,
VELASQUEZ
NOGS: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNES3 WHEREOF, I have hereunto set my hand this -~- day of
~, 2008.
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, ANAHEIM PLANNING DEPARTMENT
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