Loading...
Resolution-PC 2009-055RESOLUTION NO. PC2009-055 A RESOLUTION OF THE ANAHEIM PLANNING COMM[SSION DETERM[NING THE PREVIOUSLY-APPROVED M[TIGATED NEGAT[VE DECLARAT[ON SERVES AS THE APFROPR[ATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, [NC. (I551 E. WRIGHTCIEtCLE) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7(commenoing with Section 65864) of the Govemment 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 subject to the Statute; and WHEREAS, pursuant to subdivision (e) 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 wnsideratio~ of development agreements upon receipt of an application by the City; and WHEREAS, on June 7, 2005, Ghe City of Anaheim ("CiCy") a~d 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. 2005-00003 and recorded in the Official Records of prange County California on June 15, 2005 as Instrument No. 2005000462125 (the "Development AgreemenY') with respect to that certain real property situated in the City of Anaheim, County of Orange, State of Califomia, 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 tMe project was sold, Cransferred, conveyed or assig~ed to BRE Properties, Inc. ("Owner"), making BRE Properties, [nc. the sole Owner of the Project. WHEREAS, the Owner submitted a letter of request dated March 31, 2009 to amend the Development Agreement to extend the term by an additional five years to provide for the development of a previously-approved residential development with up to 255 dwelling units by June 15, 2015; and WHEREAS, the P(anning Commission did hold a public hearing at the Civic Center in the City ofAnaheim on May 1 I, 2009, at 2:30 p.m., notice oFsaid public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal PC2009-055 Code, Chapter 18.6Q to hear and consider evidence for and against said ame~dment to Development Agreement No. 2005-00003 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 255 within a period of not more than ten (10) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itselfand 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 Developrrient 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 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. 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 Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its chaRer powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. WHEREAS, 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. 2005-00003 is adequate to serve as the required environmental documentation in wnnection 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 Council the approval of the Amendment No. 1 to the Development Agreement to extend the term of the development agreement by five (5) years. 2- PC2009-055 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 foRh in Development Agreement No. 2005- 00003. 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, shafl 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 applicatio~ 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 appl ication. THE FOREGOING RESOLUT[ON was adopted ai the Planning Commission meeting of May 1 l, 2009. Said resofution is subject to the appeal provisions set forth in Chapter I 8.60 "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pe aming to appeal procedures. _ ~ ,., CHAIRMAN, ATTEST: SEN[0[~ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORN[A ) COUNTY OF ORANGE ) ss. CITY OF ANAHE[M ) COMMISS[ON [, 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 1 l, 2009, by the following vote of the members thereof: AYES: COMMISS[ONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN, ROMERO [N WITNESS WHEREOF, I have hereunto set my hand this ~ ~ day of May, 2009. ~\ ~ SENIO~~ ECRETARY, ANAHBIM C LANNING CQIv]MISSION - 3 - PC2009-055 E~HIBIT "A" DEVELOPNIENT AGREEMENT NO. 2005-00003 10755 - 4 - PC2009-055 Source: Rewrded Tract Maps and/or City GIS. ~ ~~ F_„ Please nate the accurecy is+/- two to five feet.