Resolution-PC 2008-98RESOLUTION NO. PC2008-98
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT SUBSEQUENT EIR NO. 332
AND ITS ADDENDUM DATED SEPTEMBER 2005
SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO
DEVELOPMENT AGRBEMENT NO. 2005-0008
BY AND BETWEEN THE CITY OF ANAHEIM AND
LENNAR PLATINUM TRIANGLE LLC
(1404 EAST KATELLA AVENUE - A-TOWN METRO)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Titie 7(commencing with
Section 65864) of the Government Code of the State of Califomia (hereinafter the "Statute")
authorizes a city to enter into a development agreement with any person having a legal or equitable
interest in real property for the development of the property as provided in said Statute; 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") heretofore on November
23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City
subjecC 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 fpr the consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, on November 8, 2005, the City of Anaheim ("City") and Lennar
Platinum Triangle Partners, LLC (Developer) and Don H. Watson, Trustee of the Don H. Watson
Family Trust; Julius Realty Corporation; Traffic Control Services, Inc.; Joselito D. Ong and Renee
Dee Ong; Roger C Treichler and Vicki Treichler as Co-Trustees of the Treichler Family Trust;
Robert Stovall Family Partnership, L.P, and Jennifer Leonard and Linda Gaffney, as Tenants [n
Common (Collectively, Sellers) (Developer and Sellers collectively referred to as "Owners")
entered into that certain Development Agreement No. 2005-00008 and recorded in the Official
Records of Orange County Califomia on December 13, 2005 as Instrument No. 2005000992876
(the "Development AgreemenY') with respect to that certain real property as legally described in
Exhibit "A", which is attached hereto and incorporated herein by this reference.
WHEREAS, Owner submitted a letter of request dated September 19, 2008 to amend
the Development Agreement to extend the term of the Development Agreement by an additional
five years to provide for the development of a previously-approved master planned community with
up to 2,681 dwelling units, up to I50,000 squaze feet of commercial uses, two public parks, public
streets and related infraskructure in four phases over a period of 25 years; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 29, 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 amendment to
Development Agreement No. 2005-00008 and to investigate and make findings and
recommendations in connection therewith; and said public hearing was continued to October 13 to
readvertise the request to reflect a modified request by the applicant; and
WHEREAS, the Owner 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 2,681 residential dwelling units
and 150,000 square feet of commercial and restaurant uses, within a period of not more than
twenty-five (25) years with an initial period of ten (10) yeazs with subsequent five (5) yeaz project
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 amendment to the Development Agreement
meets the following standazds set forth in the Procedures Resolutipn:
That the Project is consistent with the City's Genera] 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 PTMIJ Overlay Zone
requirements.
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.
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.
That no indicated their presence at said public hearing in opposition and that no
correspondence was received in opposition to the subject petition.
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WHEREAS, that the Anaheim Planning Commission has reviewed the proposal and
does hereby find that Subsequent EIR No. 332 and its Addendum dated September 2005 prepared in
conjunction with Development Agreement No. 200$-00005 is adequate to serve as the required
environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Anaheim Planning Commission does hereby recommend to the City
Council the approval of the amendment to the Development Agreement to extend the term of the
development agreement by five (5) yeazs, with the provision that enhanced site screening be
provided along the exterior of the site.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon Owner's
compliance with each and all of the conditions set forth in Development Agreement No. 2005-
0000$. Should any such condition, or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any approvals
herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case appiication within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval
of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 13, 2008. Said resolution is subject to the appeal provisions set forth i~ Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures.
~
CHAII2MAN, A HEI PL IN C ISSION
ATTEST;
ARY, ANAHEIM PLANNING COMMISSION
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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 13 2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of
October, 2008.
/~~/1~~~ ~
SENIOR 9ECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT A
LEGAL DESCRIPTION
In the City of Anaheim, County of Orange, State of California, being Lots 1 through 14,,inclusive,
Lots A and B, Katella Avenue, Westside Drive, Granville Drive, Market Street, Union Street, Metro
Drive, Park Lane, State College Boulevard, Meridian Lane, Triad Street and Gene Autry Way of
Tract No. 16859, as shown on a map filed in Book 892, Pages 1 through 10, inclusive of
Miscellaneous Map, in the office of the County Recorder of said county.
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