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2005-214RESOLUTION N0. Zp05-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0.2005-04999 WHEREAS, the Anaheim City Planning Commission did receive a verified petition for a conditional use permit to allow residential high-rise tower structures up to 400 feet in height ~ the ``use")upon certain real property located in the City of Anaheim, County of Orange, State of California. as legally described in Exhibit "A" attached hereto and incorporated herein by this reference as if set forth in full, (hereinafter the "subject property"}; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon tiaid application at the City Hall in the City of Anaheim, notice of said public hearing having been duly 4~iven as required by law and in accordance with the provisions of the Anaheim Municipal Cade, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at saic hearing, did adopt its Resolution No. PC2005-131 granting Conditional Use Permit No. 2005- (14y99; and V4'HEREAS, the Anaheim City Planning Commission has requested that its decision ,~~ . ~1-~irting Conditional Use Permit No. 2005-04999 be reviewed by the City Council at a duly noticed (-ublic hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be nt~arcl and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the action of the Anaheim City Planning Commission and all evidence and reports offered at said hearing, that; 1. That the proposed building heights of up to 400 feet on the subject property as identified in the staff report dated September 27, 2(105 for six (6) of the fifteen (15) Development .tirea; are proper subjects for which a conditional use permit is authorized by Anaheim Municipal C: ode Section 18.20.050. 2. That the proposed use will not adversely affect the adjoining land uses or the ~trowth and development of the area because the residential towers with building heights of up to 4()U feet would be part of a new comprehensively planned community with careful consideration given to building mass and potential shade and shadow impacts; and the additional height would achieve a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). :i. That the size and shape of the site proposed for the use ,is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. The Master Site Plan encompasses approximately 41 acres with careful consideration of building placement and distribution of residential density throughout the site. 4. The proposed maximum heights have been analyzed in The Platinum Triangle Final Subsequent Environmental Impact Report No. 332 and found to have no adverse impact on either adjoining land uses or the growth and development of the area with the imposition of a mitigation measure from the Updated and Modified Mitigation Monitoring Program No. 106A requiring a shadelshadow study to mitigate impacts to shadow sensitive receptors (i.e., residential, recreational, outdoor restaurants and pedestrian areas); and, further that said measure has been made a part of Mitigation Monitoring Plan No. 138 relating to the proposed project as fully described in Development Agreement No. 2005-00008. 5. The Platinum Triangle Master Land Use Plan provides for a dynamic mix of land uses and upscale, high-density urban housing at densities of up to 100 dwelling units/acre. 6. That the granting of the conditional use permit under the conditions imposed will nc.~t be detrimental to the health and safety of the citizens of the City of Anaheim. 7. The incorporation of towers into the design of the master planned community does not result in an increase in density beyond which is currently permitted by the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2005-04999 be, and the same is hereby, granted to permit residential high-rise tower structures up to 400 feet in height on the real property legally described in Exhibit "A" as identified in the staff report dated September 27, 2005 for six (6) of the fifteen (15) Development Areas subject to the following conditions: 1. That prior to the approval of each Final Site Plan in Development Areas B, D, E, F, N and M, plans shall indicate compliance with the maximum building heights identified in the attached Exhibit 2 Height Map dated August 8, 2005 which is attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full. Plans submitted for building permits shall be prepared in compliance with the approved Final Site Plan. ?. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 138 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. :~. That this Conditional Use Permit No. 2005-04999 is granted expressly conditioned upon certification of FSEIR No. 332 and approval of the Addendum, and associated Updated and Modified Mitigation Monitoring Program No. 106A, and Mitigation Monitoring Plan 'V'o. 138, and adoption of Zoning Code Amendment No. 2004-00036 amending the height limitations to allow building heights to be up to l00 feet within 600 feet north or south of Gene Autry Way and to allow greater heights in said area subject to a Conditional Use Permit without the requirement to demonstrate that views of Angel Stadium of Anaheim from the Anaheim Convention Center and from Gene Autry Way and the Santa Ana (I-5) freeway would not be significantly obstructed. 2 4. That this Conditional Use Permit, shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2005-00008, which provides for the A-Town project to be developed in up to four (4) development phases commencing from the adoption date of Development Agreement No. 2005-00008 and extending no further than the twentieth (20) anniversary of the Development Agreement Date provided that milestones are completed as shown in Exhibit H (Term Extension Milestones) of Development Agreement No. 2005-U()008. 5. That prior to the issuance of the first building permit for each Final Site Plan in Development Areas B, D, E, F, N and M, the property owner/developer shall submit utility plans to the Public Utilities Department for review and approval. If said plans propose to include "non- traditional" utility equipment, as determined by the Public Utilities Department, said equipment shall be subject to the review and approval of the Public Utilities Department. 6. Prior to the approval of each Final Site Plan for high-rise towers over 100 feet in height as allowed pursuant to Conditional Use Permit No. 2005-04999, plans shall show that retailltownhome uses at a height of two to three stories shall be constructed at the base of each tower structure to screen the parking podium and provide apedestrian-friendly street edge and scale and, further, that the subterranean parking podiums shall contain spaces for residential and retail uses and utility equipment rooms. 7. That prior to the issuance of the first building permit for each Final Site Plan including "non-traditional" utility equipment approved pursuant to Condition No. S, the property ownerldeveloper shall enter into an Agreement with the City of Anaheim providing for the property owner, or another financial mechanism acceptable to the City, to provide ongoing maintenance of said ``non-traditional" equipment and for said equipment to be accessible to the Public Utilities Department ongoing during project operation. Said Agreement shall be in a form approved by the City Attorney's Office and prepared to the satisfaction of the Public Utilities Department. 8. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2005-00434, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2(x)5-0()111) and Development Agreement No. 2005-00008. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are cm file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 10. That approval of this application constitutes approval of the proposed request only tc~ the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, 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 ~~oid. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of tie City of Anaheim this 2Sth day of october200S, by the following roll call vote: AYES: Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: Mayor Pringle ATTEST: .~ CITY~~ ERK TH CITY OF ANAHEIM 59:i67.v I /mgordon/09.20.05 CITY OF ANA IM MAYOR OF THE TY 0 AHEIM Mayor Pro Tem 4 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 in the City of ~-nahcim, County al' Urange. Stattr~ of California ~ shown on a map filed in Book fit, Page 32 of Parcel Maps, together with a pardon of Parcel l in Block "Br, and Parcels 1 through 9, inclusive, of F31ock "("', a`s shown on a snap filed in Book 104, Page 1? of Parcel Maps, all in the Office oC the County Recorder of said county, together with Parcels 3 and 4, as shown on a map Bled in Boak ~:5,1'agc 13 of said Parcel Maps, together with Parcels l through 4, inclusi~~e, as shown nn a trap filed in I3nol; 47, Page ?~ of said Parcc] Maps, in the office of said County Recorder, dr5t:ribed a5 follows: Beginning at the southeast corner of Parcel 1 of said Parcel Vlap filed in Book 47, Page 2$; thence wcstcrly~ along the southerly hctundary of said Parcel Map 'forth $9°04'31'' West 601.1 feet to the easterh~ baundari~ of said P~ircel Map filed in Souk 1(14, Page 1?; thence southerly' along said easterly boundar4~ South (t"1 l'09" West 4()6.19 feet to the southeast comer of Parcel 4 of said Block "("'; thcncc westerly along the southerly line of said Parce! 9 harth $9°09'30" West ?17.47 feet to the e~t5terly rif!ht ol~ way ol~ a ti4.UU foot wide street shown on said Parcel Map as Chris lane; thcncc perpendicular from saki ri~-ht of way tiorth Sy°Uti'?~" West 3?.00 feet to the centerline of Said Chris l.anc; thcncc southerly alon^ said ccntcrlinc South 0`53'3$" West ?07,63 feel to the easterly' prolongation of the northerly right of way' of a 45.(10 fact wide street shrn~vn on said Parcel Map as Pttcifico Avenue, cutrentl}~ knnwn as CTene Autry 1.anc; thence westerly slung said prolongation and right of way Forth 89°(17'53" 11~'cst •9>.:~5 feet and North $~'OS'S$" West 88.59 feet to the right of way to the Stag of California as descrihud in the dCtd recorded (7ctcther 5, 1998 as Instrument tio. 19980ti1?731 of official ltccords ctf said county; thcncc along said right vi way the following courses: North ()`54'02" lratit 8.(X] feet. North 26°10'26" Wcst ?9.42 feet, North 89'25'6'' West ?.44 fci:t, '~c~rth U'S1'42" least 13.1? foot, yorth S9"13'1$" West ~3.g71'cet; thence leaving said right of u7~~ northerly' along the h~-undat<° of slid 131ock "tl" the following courses: itiarth 0`53'3$" East 5()4.57 feet to a tangent curve cctnc~ti~e sctutheasterlt' having a radial of 176.(]0 feet, nc~rtheastcrlyT 144.86 foot along said curve Ihrc3ugh a central angle ul 4?`'(lc)'?{", nnn-tangent from said curve North 4S`U3'US' fast 3.4(I fr;ct to a tam;~~nt can't coitcav~ nurthwe5terly ha~~inf; a rdd.ius of 124.(]U feel and noi•thcaaterl4T ;?.~1 feet along said curve through a central angle of 1'(11'17" to the southerly boundar4 of Parcel 1 of said Parrxl yap filed in >;uuk 81, Page 3?; th~rtcr: along the t}oundatti~ of caul Parcel 1 the following courses: non-tangznt from said curve Norlh 89°07'4b" West ~99.?3 feet, iSorth ()°?4'O1"West 50i.1? feet ttr the southerly right of way c-f a 10.0(1 foot wide street Shawn as Katella Avenue on said Parcel Map; thcnc4 along said right ~f way South R9°07'46" East 1319.53 feet to the northwestcriv cnrncr of Parcel 2 of slid Parcel Map filed in Book 45, Page 13; thence sc~utherlw alcm~ the westerly bc~undan~ ol~ said Parcel ? k}uth ()U44'33" V1+esl 15U.U1 feet; Ihencc cancinuin~ slang the botindar4~ cif stud 1'arccl 2. and the bc-undar•~ of 1'arccl I of said Parcel 1~tap South 5907'46" East ~l().06 feet tt~ the right of waF~ of a street having a 53.00 font westerly half width shov~~t as State ('ollege Boulevard on said Parcel Map; thence along said right of waY South (1"44'3:x" Wrst ~1:~1.5(1 fact to thc. ('Dint of Hcginning. (`antaining, an crest of 30.816 acres more or less.