Loading...
6214ORDINANCE NO. 6214 AN ORDINANCE OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2010- 00004 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, INC. (ii) MAKING CERTAIN FINDINGS RELATED THERETO, (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY, AND (iv) TERMINATING DEVELOPMENT AGREEMENT NOS. 2005 -00002 AND 2005- 00003, AS SUBSEQUENTLY AMENDED. (DEV2010- 00161) 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, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004 -00419 setting forth the City's vision for development of the City of Anaheim ( "General Plan Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "FEIR No. 330 "), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ( "The Platinum Triangle "); and - 1 - WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004 -177 approving The Platinum Triangle Master Land Use Plan and setting forth the new vision for The Platinum Triangle and Resolution No. 2004 -179 approving the form of the Platinum Triangle Standardized Development Agreement; and WHEREAS, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone ") and Ordinance No. 5936 amending the zoning map to reclassify approximately three hundred and seventy -five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in the Platinum Triangle Master Land Use; and WHEREAS, on June 7, 2005, City Council approved three Development Agreements to govern the development of an approximate 14.64 -acre project on three parcels located within the Platinum Triangle at 1515 East Katella Avenue (Development Agreement No. 2005- 00001), 1781 South Campton Avenue (Development Agreement No. 2005- 00002), and 1551 East Wright Circle (Development Agreement No. 2005- 00003); and determined that previously- certified FEIR No. 330; the Mitigated Negative Declaration prepared for Development Agreement Nos. 2005- 00001, 2005 -00002 and 2005- 00003; and, Mitigation Monitoring Plan No. 128 were adequate to serve as the required environmental documentation for the proposed project; and WHEREAS, subsequent to the recordation of Development Agreement No. 2005- 00002, the fee title interest in the project was sold, transferred, conveyed or assigned to 1515 E. Katella Avenue - Anaheim, LLC. Development Agreement No. 2005 -00002 provided for the development of a multiple - family residential project consisting of 196 residential units; and WHEREAS, subsequent to the recordation of Development Agreement No. 2005- 00003, the fee title interest in the project was sold, transferred, conveyed or assigned to BRE Properties, Inc. Development Agreement No. 2005 -00003 provided for the development of a multiple - family residential project consisting of 255 residential units; and WHEREAS, on October 25, 2005, the City Council approved amendments to the General Plan, the PTMLUP, and the PTMU Overlay Zone to increase the allowable development intensities within the Platinum Triangle to 9,500 residential units; 5,000,000 square feet of office uses; and 2,254,400 square feet of commercial uses, and certified Final Subsequent Environmental Impact Report ( FSEIR) No. 332 including Updated and Modified Mitigation Monitoring Plan No. 106A for the PTMLUP as the required environmental documentation for said amendments; and WHEREAS, following the certification of FSEIR No. 332, the City Council approved two addendums to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle intensity by 67 residential units; 55,550 square feet of office development; and 10,000 square feet of commercial uses. A project Environmental Impact Report was also approved to increase the allowable development intensities by an additional 699 residential units -2- to bring the total allowable development intensity within the Platinum Triangle to up to 10,266 residential units; 5,055,550 square feet of office uses; and 2,264,400 square feet of commercial uses; and WHEREAS, on February 13, 2007, the City embarked upon a process to amend the General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized Development Agreement, and related zoning reclassifications to increase the allowable development intensities within the Platinum Triangle to up to 18,363 residential units; 5,657,847 square feet of commercial uses; 16,819,015 square feet of office uses; and 1,500,000 square feet of institutional uses (the "Platinum Triangle Expansion Project "); and WHEREAS, as required by law, the City Council certified Final Subsequent Environmental Impact Report for the Platinum Triangle Expansion Project ( FSEIR No. 334), including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP, in December 2007 and again in April as the required environmental documentation for said amendments and related zoning reclassifications; and WHEREAS, following the approval of FSEIR No. 334, a lawsuit was filed challenging the adequacy of FSEIR No. 334. In consideration of the City's exemplary historical record in avoiding CEQA litigation and its commitment to proper environmental review, the City Council repealed the approval of the Platinum Triangle Expansion Project, including FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent Environmental Impact Report for the project; and WHEREAS, on October 26, 2010, the City Council approved amendments to the General Plan, the PTMLUP, the PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development intensities within the PTMU Overlay Zone to up to 18,909 residential units; 14,340,522 square feet of office uses; and 4,909,682 square feet of commercial uses; and 1,500.000 square feet of institutional uses, and Final Subsequent Environmental Impact Report for the Revised Platinum Triangle Expansion Project (FSIER No. 339), including Updated and Modified Mitigation Monitoring Plan No. 106C for the PTMLUP as the required environmental documentation for said amendments and related zoning reclassifications; and, WHEREAS, on December 16, 2010, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law "), BRE Properties Inc., representing BRE Properties Inc. and 1515 Katella Avenue - Anaheim LLC, requested cancellation of Development Agreements Nos. 2005 -00002 and 2005- 00003, as subsequently amended; and submitted an application for the approval of Development Agreement No. 2010 -00004 (hereinafter the "Development Agreement ") to permit the construction of 400 residential units within two 4 -story buildings and vest certain project entitlements and address the implementation of the Park Viridian Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requests approval of an amendment to subsection 4.2.11 of Section 4.2 of Chapter 4 of the PTMLUP (Miscellaneous Case No. 2011 - 00493) and the PTMU Overlay Zone (Zoning Code -3- Amendment No. 2011 - 00098) to allow diagonal parking on Connector Streets subject to the review and approval of the City Engineer; and WHEREAS, the Development Agreement pertains to approximately 14.6 acres of real property in the City of Anaheim, commonly known as 1781 South Campton Avenue and 1551 East Wright Circle, as more particularly shown on Exhibit "A ", attached hereto and incorporated herein by this reference, which is located in The Platinum Triangle and within the Mixed Use Overlay Zone and the Katella District of the PTMU Overlay Zone; and WHEREAS, the Applicant desires to develop the property with 400 residential units within two 4 -story buildings, as more particularly set forth in Exhibit "B" of the Development Agreement (the "Final Site Plan "), hereinafter collectively referred to as "Park Viridian Project "; and WHEREAS, on March 8, 2011, the Planning Director approved Final Site Plan No. 2011 -00002 to provide for the development of the Park Viridian Project, contingent upon the approval of Development Agreement No. 2010- 00004, Zoning Code Amendment No. 2011- 00098, and the amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2011- 00493); and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim on March 14, 2011, 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, to hear and consider evidence for and against said Development Agreement, and to investigate and make findings and recommendations in conjunction therewith; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2011 -015 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that said Development Agreement be approved by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2011 -015, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 17th day of May, 2011, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said Development Agreement, and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the Planning Commission; and WHEREAS, the City Council has reviewed said Development Agreement and does hereby find and determine, based upon its independent review and analyses of previously - certified Subsequent Environmental Impact Report No. 339, the previously- approved Mitigated Negative Declaration prepared for Development Agreement Nos. 2005- 00001, 2005 -00002 and -4- 2005- 00003, and Mitigation Monitoring Plan No. 302, that these documents are adequate to serve as the required environmental documentation for said Development Agreement and satisfy all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for said Development Agreement; and WHEREAS, the City Council, after due consideration of the recommendations and findings of the Planning Commission, and all evidence, testimony and reports offered at said hearing, does hereby declare and find as follows: 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 Master Land Use Plan and the PTMU Overlay Zone requirements. 4. The Project is not 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. 6. 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1 That Development Agreement No. 2010 -00004 be, and the same is hereby, approved. SECTION 2 That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City. -5- SECTION 3 That Development Agreement Nos. 2005 -00002 and 2005- 00003, and any and all rights, duties and obligations there under, are hereby cancelled and terminated. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 17th day of May , 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of June , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MA O OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 83089.v1 /MGordon EXHIBIT "A" (Legal Description of the Property) 1781 SOUTH CAMPTON AVENUE LOT 2 OF TRACT NO. 16831 AS PER MAP RECORDED IN BOOK 881, PAGES 9 THROUGH 12, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER, ORANGE, CALIFORNIA. 1551 EAST WRIGHT CIRCLE LOT 3 OF TRACT NO. 16831 AS PER MAP RECORDED IN BOOK 881, PAGES 9 THROUGH 12 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER, ORANGE, CALIFORNIA. -7-