Resolution-PC 2009-054RESOLUTION NO. PC2009-054
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THE PREVIOUSLY-APPROVED MITIGATED NEGATNE DECLARATION
SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTAT[ON AND
RECOMMENDING CITY COUNC[L APPROVAL OF AN AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 2005-00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND 1515 E. KATELLA AVENUE-ANAHEIM, LLC
(1761 AND 1781 SOUTH CAMPTON AVENUE)
W HEREAS, Article 2.5 of Chapter 4 of Division l 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 development agreement with any person having a legal or equitable
interest in real propeRy 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 application by the City; and
WHEREAS, on June 7, 2005, the City ofAnaheim ("City") and BRE Properties, ]nc.
and the Peter Dunkel Revocable Family Trust and the Larry Dunkel Revocable Family Trust
("Owner") entered into that certain Development Agreement No. 2005-00002 and recorded in the
Official Records of Orange County California on June l5, 2005 as Instrument No. 2005000462124
(the "Development Agreement") with respect to that certain real property situated in the City of
Anaheim, County of Orange, State of CaliFornia, shown on Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, subsequent to the recordation of the Development Agreement, the fee
title interest in the project was sold, transferred, conveyed or assigned to I515 E. Katella Avenue-
Anaheim, LLC ("Owner"), making 1515 E. Katella Avenue-Anaheim, LLC the sole Owner of the
Project.
WHEREAS, the Owner submitted a letter of request dated March 23, 2009 to amend
the Development Agreement to extend the term by an additional five years to provide for the
development of a previously-approved reside~tial development with up to l96 dwelling units by
June I5, 2015; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 11, 2009, at 230 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. 2005-00002 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 Development Agreement by showing
that, upon completion, the Project will result in the construction of 196 within a period of not more
than ten (10) years; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and afrer 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:
l. That the Project is consistent with the City's General Plan in that it is in wnformance
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.
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.
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
Resotution.
6. That the Development Agreement is entered inco 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.
WHEREA3, that the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the previously-approved Mitigated Negative Declaration prepared in
conjunction with Development Agreement No. 2005-00002 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 City Planning Commission does hereby recommend to the City
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Council the approval of the Amendment No. 1 to the Development Agreement to extend the term of
[he development agreement by five (5) years.
BE IT FURTHER RESOLVED that the Anaheim City 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-
00002. Should any such condition, or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competentjurisdiction, then this Resolution, and any approvals
herein contained, shall be deemed null and void. ~
BE IT FURTHER RESOLVED Yhat the applicant is responsible for paying all
charges related to the processing of this discretionary case apptication 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 Flanning Commission
meeting of May 11, 2009. Said resolution is subject to the appeal provisions set forth in ChapCer
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures. ~ ~ ~
CHAIRMAN,
ATTEST:
ARY, ANAHE[M CITY PLANNING COMMISSION
STATE OF CAL[FORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHE[M )
SSION
1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 11, 2009, by the following vote of the members thereof:
AYES: COMMISS[ONERS: BUFFA, FAESSEL, KARAKI, RAM[REZ
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: EASTMAN, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of May, 2009.
~(/`'l~' !~~ '
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEVELOPII~IENT AGREEIVIENT NO. 200.5-00002
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Source: Recorded Tract Maps and/or Ciry GIS.
Please rwte Ihe accuracy is +/• ~wo to five feet.
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