Resolution-PC 2010-075RESOLUTION NO. PC2010-075
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THE PREVIOUSLY-APPROVED MITIGATED NEGATIVE
DECLARATION SERVES AS THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO, 2005-00007 BY AND
BETWEEN THE CITY OF ANAHEIM AND MACQUAR1F PLATINUM KATELLA INC.
(DEV2010-00030)
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 application by the City; and
WHEREAS, the City and 1331 East Katella Development Company, LLC and
East Katella Partnership, a California General Partnership, (the "Original Developer') entered
into that certain Development Agreement No. 2005-00007 and recorded in the Official Records
of Orange County California on October 12, 2005, as Instrument No. 2005000819043 (the
"Development Agreement") with respect to that certain real property situated in the City of
Anaheim, County of Orange, State of California, as described in Exhibit "A" attached hereto and
incorporated herein by this reference. A copy of the Development Agreement is on file in the
Office of the City Clerk of the City of Anaheim; and
WHEREAS, subsequent to the recordation of the Development Agreement, the
interest in the project was sold, transferred, conveyed or assigned to Platinum Triangle
Condominiums, LLC (West Millennium Homes); and
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WHEREAS, the interest in the project was subsequently transferred and to
Thomas Seaman Company; and
WHEREAS, an or about February 2010, the interest in the project was sold,
transferred, conveyed or assigned to Macquarie Platinum Kate lla Inc. ("Owner"); and
WHEREAS, the Development Agreement addresses_ among other things, the
Developer's construction of the project requiring that the Developer finalize all three phases of
the project construction within a certain time frame; and
WHEREAS, Owner submitted a letter requesting an amendment to the
Development Agreement to extend the term of the Development Agreement for an additional
four (4) years (Amendment No. 1 to Development Agreement"); and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on August 30, 2010, at 5:00 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 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning 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 said amendment to
Development Agreement meets the following standards set forth in the Procedures Resolution:
1. 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
as set forth in the General Plan.
2, 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 Platinum
Triangle Mixed Use Overlay requirements.
3. 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 Mixed
Use Overlay Zone requirements.
4. The Project is not otherwise detrimental to the health and safety of the citizens of
the City of Anaheim.
5. 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.
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WHEREAS, that the Planning Commission has reviewed the proposal and does
hereby find that the previously-approved Mitigated Negative Declaration prepared in conjunction
with the Development Agreement is adequate to serve as the required environmental
documentation in connection with this request for an amendment to said agreement.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings
and determinations, the Planning Commission does hereby recommend that the City Council
approve Amendment No. 1 to Development Agreement, as described above.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon compliance with
each and all of the conditions set forth in the Development Agreement, as amended. 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 application 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 August 30, 2010. 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.
A'11EST:
CHAIRMAN, AN IM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010-075
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 August 30, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of August
2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010-075
EXHIBIT "A"
(Legal Description of the Property)
Parcels 1 and 2 of Parcel Map No. 79-265, as shown on a map filed in Book 145,
Page 50 of Parcel Maps, in the Office of the County Recorder of Orange County,
California.
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EXHIBIT "B"
DEV2010 -00030
C
I APN: 082-261-29
50
Feet
100
319.63'
311.57'
E KATELLA AVE
Co
z
Source: Reco ded Tract Maps andior City GIS.
Please note the accuracy is +1- two to five feet.
1100
6
PC2010 -075