Resolution-PC 2008-99RESOLUTION NO. PC2008-99
A RESOLUTION OF THE ANAHEIM FLANNING COMMISSION
DETERMINING THAT SUBSEQUENT EIR NO. 332 AND
ITS SECOND ADDENDUM DATED APRIL 2007
SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO
DEVELQPMENT AGREEMENT NO. 2006-00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND PLATINUM TRIANGLE PARTNERS LLC
(2050 SOUTH STATE COLLEGE BOULEVARD AND
2015 - 2125 EAST ORANGEWOOD AVENUE - A-TOWN STADIUM)
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 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
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 applicaCion by the City; and
WHEREAS, on January 8, 2008, the City of Anaheim ("City") and Platinum
Triangle Partners, LLC ("Owner") entered into that certain Development Agreement No. 2006-
00002 and recorded in the Official Records of Orange County Califomia on January 2, 2008 as
Instrument No. 2008000031001 (the "Development Agreement") with respect to that certain real
property as legally described in Exhibit "A", which is attached hereto and incorporated herein by
this referenca.
WHER~AS, the Owner submitted a letter of request dated September 19, 2008 to
amend the Development Agreement to extend the term by an additional three years to provide for
the development of a previously-approved residential community with up to 878 dwelling units, two
public parks, public streets and related infrastructure in three phases over a period of 18 yeazs; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on Ockober 13, at 230 p.m., notice of said public hearing having been duly
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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 amendment tg ..
Development Agreement No. 2006-00002 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Owner has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Aevelopment Agreement by showing
that, upon completion, the Project will result in the construction of 878 residential dwelling units
within a period of not more than eighteen (18) years with an initial period of eight (8) years and two
subsequent five (5) year 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 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 districY in that the Project is in compliance with the PTMU Overlay Zone
requirements.
3. That the Project is compatible with the orderly development of property in the sunounding
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
o£ 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 one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject matter.
WHEREAS, that the Anaheim Planning Commission has reviewed the proposal and
does hereby find that Subsequent EIR No. 332 and its Second Addendum dated Apri] 2007 prepared
in conjunction with Development Agreement No. 2006-00002 is adequate to serve as the required
environmental documentation in connection with this request.
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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) years, 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. 2006-
00002. Should any such condition, or any part thereof, be declazed 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 application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approual
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 in Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures.
~ '~
CHAIRMAN, NAH M PLANN COMMISSION
ATTEST: ~
v ~
SENIOR 5~CRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Pianning 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.
~~~ v ~`
SENI R SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT A
LEGAL DESCRIPTIflN
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:
BBGINMNG AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH [S
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 POINT OF BEGINNING.
TOG6THER WITH THAT PORT[ON OF SAID LOT 3 DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTA 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 .iUNE 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° IT 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 RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID
COMPOUND 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
RADNS OF 344.26 FEBT; 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 FURPOSES OVER THAT PORT[ON 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 SOOTH 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 I.IAIE OF SAID LOT 3(CENTERLINE OF STATE COLLfiGE 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 RADNS OF 344.25 FEET (RADIAL LINE THROUGH SAID
INTERSECTION SEARS SOUTH 78° 21' 47" EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF I1° 4T 33" AND AN ARC DISTANCE OF 70.85 FEET; TAENCE SOUTH 89° 50' 40"
WEST 5.00 FEET TO A LINE WHICH IS PARALLEL W1TH TAE WEST LINE OF SAID LOT 3; THENCE
SOUTH 0° 9' 20" EAST ALONG SAID PAR~II.LEL 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.
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PARCEL B
THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COTJNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF
MISC~LLANEOUS 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, COUN'I`Y OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED
BY NDGMENT RENDERED ON JUNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED
NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF
CONDEMNATION RECORDED MAY 2, 1997 AS INSTRUMENT 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 ANAI-IEIM,
COUNTY OF ORANGE, STATE OF CALIFOItNIA, 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, ITFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR
kIYDROCARBON 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 NDGMENT 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 FL-ET 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 SEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS
SHOWN ON SAID MAP AS AN UNNAMED ROAD.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE NDGMENT AND FINAL ORDER OF
CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS
OF SAID COLTNTY.
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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 ANAI-IEIM, COLiNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MP,P
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
BOULEVt1RD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAII.ROAD 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 IN BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY NDGMENT RENDERED
ON JUNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF ANAI-IEIM,
ET AL, ORANGE COUN1'Y SUPERIOR COURT CASE NO. 765097, A CERTIFTED COPY OF WHICH BEING
RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE OF THE COUN1'Y
RECORDER OF SAID COUNTY.
PARCEL Gl:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781:93 FEET OF TIIE
NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM,
COiINTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COLJNT'Y 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.
FARCEL G2:
AN EASEMENT FOR ROAD AND PUBLIC UTII.ITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOI2NIA, 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.
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