6248ORDINANCE NO. 6248
AN ORDINANCE OF THE CITY OF ANAHEIM (1)
APPROVING AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2006-00003 BY AND BETWEEN THE
CITY OF ANAHEIM AND THE ORANGEWOOD
PROJECT OWNER, LLC, (2) MAKING CERTAIN
FINDINGS RELATED THERETO, AND (3)
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT ON BEHALF OF THE CITY.
(DAG2006-00003 D) (DEV 2011-00067B )
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 (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, by enactment of Ordinance No. 4377 on November 23, 1982 (the "Enabling
Ordinance"), the City Council of the City of Anaheim (the "City Council") made the City of
Anaheim (the "City") subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted its Resolution No. 82R-565 on November 23, 1982 for the purpose of establishing
procedures and requirements for the consideration of development agreements upon receipt of an
application by the City (the "Procedures Resolution"); and
WHEREAS, pursuant to the Procedures Resolution, the process for the adoption of an
amendment to a Development Agreement is the same as the process for entering into a
Development Agreement in the first instance; and
WHEREAS, the City of Anaheim and Orangewood Platinum Investors, LLC, a
California limited liability company, entered into that certain Development Agreement No.
2006-00003 dated June 19, 2007, which was recorded in the Official Records of the County of
Orange, California on August 3, 2007 as Instrument No. 2007000487595 (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 ("Property"). 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 Property
was transferred, conveyed and assigned to The Orangewood Project Owner, LLC, a Delaware
limited liability company ("Owner"), which conveyance was subject to the terms and provisions
of the Development Agreement; and
WHEREAS, the Development Agreement provided for the development of a 6 -story 341 -
unit condominium project in a podium -style building with residential units located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2006-00008
and Conditional Use Permit No. 2006-05138; and
WHEREAS, on April 28, 2008, the Anaheim City Planning Commission made a
determination of substantial conformance regarding previously -approved exhibits to change the
6 -story, 341 -unit condominium project to a 5 -story, 320 -unit apartment project located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2008-00002;
and
WHEREAS, pursuant to the Procedures Resolution and Section 18 of the Development
Agreement, Owner submitted a letter requesting an amendment to the Development Agreement
("Amendment No. I") to extend the Term of the Development Agreement, as described in
Section 2.1 thereof, from an initial period of five (5) years to an initial period of ten (10) years,
thereby extending the overall term from five (5) years to ten (10) years; 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
May 7, 2012, 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 the proposed Amendment No. 1, and to investigate and make findings
and recommendations in conjunction 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 public hearing, did adopt its Resolution No. PC2012-031,
recommending that the City Council adopt Amendment No.l to extend the term of the
Development Agreement for an additional five (5) years, as requested by Owner; and
WHEREAS, the City Council did hold a public hearing on Amendment No. 1, notice of
said public hearing having been duly given as required by law; and
WHEREAS, the City Council, 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 public hearing, including the recommendations of the Planning
Commission, does hereby find and determine, with respect to the request for an amendment to
the Development Agreement in the form attached hereto as Exhibit B, that all of the conditions
and criteria for the approval of said amendment are present as follows:
1. That Amendment No. 1 has been properly requested pursuant to Section 5.0 of the
Procedures Resolution and Section 18 of the Development Agreement.
2. That Amendment No. 1 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
3. That Amendment No. 1 will contribute to 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 Amendment No. 1 is not otherwise detrimental to the health and safety of the
citizens of the City of Anaheim.
5. That Amendment No. 1 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 Amendment No. 1 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.
WHEREAS, due to the nature of the proposed Amendment No. 1, the City Council finds
and determines that (i) the previously approved Final Subsequent Environmental Impact Report
No. 332, and the First and Second Addendum thereto, together with Mitigation Monitoring
Program No. 136, serve as the appropriate environmental documentation for said modification to
the Development Agreement and satisfies all the requirements of the California Environmental
Quality Act ("CEQA"); (ii) "none of the conditions described in Section 15162 [of the State
CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have
occurred" in connection with the proposed Amendment No. l; and (iii) no further environmental
documentation need be prepared for said modification to the Development Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Amendment No. 1 to Development Agreement No. 2006-00003 be, and the
same is hereby, approved as shown in Exhibit B attached hereto and incorporated herein by this
reference.
SFC:TION I
That the Mayor be, and is hereby, authorized to execute said Amendment No. 1 to
Development Agreement No. 2006-00003 for and on behalf of the City.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 5th day of June , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 19th day of
June , 2012, by the following roll call vote:
AYES: Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
CITY OF ANAHEIM
By: z
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY O ANAHEIM
89885
4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6248 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 5th day of June, 2012, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 19th day of June, 2012, by the following vote of
the members thereof:
AYES: Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2012.
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14:4 V • •
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THE REAL PROPERTY REFERRED TO HEREIN BELOW IS SITUATED IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND DESCRIBED AS FOLLOWS:
THE EASTERLY 272.67 FEET OF THE WESTERLY 1304.60 FEET OF THE
SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS,, IN THE
OFF ICE OF THE COUNTY RECORDER OF SAID COUNTY. (SAID
WESTERLY 1304.60 FEET BEING MEASURED FROM THE CENTER LINE OF
PLACENTIA AVENUE, SHOWN ON SAID MAP AS AN UNNAMED ROAD).
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF OF ALL OIL, GAS,
MINERALS AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500
FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF
ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF 500
FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN A DEED
RECORDED DECEMBER 4, 1963 IN BOOK 6832 PAGE 674, OFFICIAL
RECORDS.
[ASSESSORS PARCEL NUMBER: 083-270-481
Exhibit "A"
Page 1 of 1
RECORDING REQUESTED BY AND,
WHEN RECORDED, RETURN TO:
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, California 92805
Attn: City Clerk
EXHIBIT `B"
(SPACE ABOVE THE LINE IS FOR RECORDER'S USE)
AMENDMENT NO.1 TO
DEVELOPMENT AGREEMENT NO. 2006-00003
By and Between
THE CITY OF ANAHEIM,
and
THE ORANGEWOOD PROJECT OWNER, LLC,
a Delaware limited liability company
Exhibit "B"
Page 1 of 6
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2006-00003
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00003 (this
"Amendment No. 1"), is made and entered into by and between the CITY OF ANAHEIM, a
Municipal Corporation and Charter City (the "City") and THE ORANGEWOOD PROJECT
OWNER, LLC, a Delaware limited liability company ("Owner").
RECITALS
A. The City of Anaheim and Orangewood Platinum Investors, LLC, a California
limited liability company, entered into that certain Development Agreement No. 2006-00003
dated June 19, 2007, which was recorded in the Official Records of the County of Orange,
California on August 3, 2007 as Instrument No. 2007000487595 (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 ("Property"). A copy of the Development Agreement is on file in the Office of
the City Clerk of the City of Anaheim.
B. Subsequent to the recordation of the Development Agreement, the Property was
transferred, conveyed and assigned to The Orangewood Project Owner , LLC, a Delaware
limited liability company ("Owner"), which conveyance was subject to the terms and provisions
of the Development Agreement.
C. The Development Agreement provides for the development of a 6 -story 341 -unit
condominium project in a podium -style building with residential units located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2006-00008
and Conditional Use Permit No. 2006-05138.
D. On April 28, 2008, the Anaheim City Planning Commission made a
determination of substantial conformance regarding previously -approved exhibits to change the
6 -story, 341 -unit condominium project to a 5 -story, 320 -unit apartment project located above a
subterranean parking structure, as more particularly described in Final Site Plan No. 2008-00002.
E. Section 18 of the Development Agreement and Chapter 18.60 of the Anaheim
Municipal Code permit amendment of a Development Agreement by mutual consent of the
parties thereto. The procedure for proposing and approving an amendment to a Development
Agreement is the same as the procedure for entering into a Development Agreement, namely that
a noticed public hearing must be held by both the Planning Commission and the City Council
and such amendment, if approved, must be approved by ordinance.
F. Owner has submitted a request to extend the Term of the Development
Agreement, as described in subsection 2.1 of the Development Agreement, from a period of five
(5) years to a period of ten (10) years.
Exhibit "B"
Page 2 of 6
G. The City and Owner intend, in this Amendment No. 1, to amend
subsection 2.1 of the Development Agreement to extend the Term of the Development
Agreement from a period of five (5) years to a period of ten (10) years.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
SECTION 1.
That subsection 2.1 of the Development Agreement be, and the same is hereby, amended
and restated to read as follows:
"2.1 The term (hereinafter called "Term") of this Development Agreement shall be that
period of time during which this Development Agreement shall be in effect and bind the parties
hereto. The Term shall commence on the Development Agreement Date and shall extend for a
period of ten (10) years thereafter, terminating at the end of the day on the tenth anniversary of
the Development Agreement Date, subject to the periodic review and modification or
termination provisions defined in Section 25 and Section 27, respectively, of this Development
Agreement, and further subject to a reasonable extension for completion of the Project in
accordance with the Timing of Development schedule set forth in Section 15 of this
Development Agreement."
SECTION 2. INTEGRATION.
Except as expressly provided to the contrary herein, all provisions of the Development
Agreement shall remain in full force and effect. The Development Agreement and this
Amendment No. 1 shall hereinafter be collectively referred to as the "Agreement". The
Agreement integrates all of the terms and conditions of agreement between the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to the
subject matter hereof.
SECTION 3. EFFECTIVE DATE.
This Amendment No. 1 shall take effect upon the date the ordinance approving this
Amendment No. 1 takes effect.
(ALL SIGNATURES APPEAR ON THE FOLLOWING PAGES)
Exhibit "B"
Page 3 of 6
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT
NO. 1 AS OF THE RESPECTIVE DATES SET FORTH BELOW.
"CITY"
DATE OF EXECUTION: CITY OF ANAHEIM,
a municipal corporation
2012.
By: �
Mayor of the City of Anaheim
ATTEST:
LINDA N. ANDAL, CITY CLERK
L-fi
Linda N. Andal, City Clerk
APPROVED AS TO FORM:
CRISTINA L TALLEY, CITY ATTORNEY
Theodore J. Reynolds
Assistant City Attorney
(SIGNATURE OF OWNER(S) APPEAR ON THE FOLLOWING PAGE)
Exhibit "B"
Page 4 of 6
DATE OF EXECUTION:
8950
"OWNER(S)"
THE ORANGEWOOD PROJECT OWNER, LLC,
a Delaware limited liability company
By: Orangewood Communities Manager, LLC,
a California limited liability company,
Its Manager
By: KPMW Integral, LLC,
a California limited liability
company,
Its Manager
un
Print Name:
Title:
(SIGNATURE OF OWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC)
Exhibit "B"
Page 5 of 6
EXHIBIT "A"
TO
AMENDMENT NO.1 TO DEVELOPMENT AGREEMENT NO. 2006-00003
LEGAL DESCRIPTION OF PROPERTY
THE REAL PROPERTY REFERRED TO HEREIN BELOW IS SITUATED IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AND DESCRIBED AS FOLLOWS:
THE EASTERLY 272.67 FEET OF THE WESTERLY 1304.60 FEET OF THE
SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (SAID
WESTERLY 1304.60 FEET BEING MEASURED FROM THE CENTERLINE OF
PLACENTIA AVENUE, SHOWN ON SAID MAP AS AN UNNAMED ROAD).
EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF OF OIL, GAS,
MINERALS AND HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500
FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT
OF ENTRY UPON ANY PORTION OF THE SURFACE ABOVE A DEPTH OF
500 FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN A DEED
RECORDED DECEMBER 4, 1963 IN BOOK 6832 PAGE 674, OFFICIAL
RECORDS.
[END OF LEGAL DESCRIPTION]
Exhibit "B"
Page 6 of 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6248 and was published in the Anaheim Bulletin on the 28th day of
June, 2012.
Q"', 4� C�D
CITY CLER OF THE CITY OF A AHEIM
(SEAL)
� �, �, V��,
Date: June 28, 2012
Anahe I
n Bulletin
625 N.
rand Ave.
AFFIDAVIT OF
UBLICATION
(714)
96-2209
PROOF OF
UBLICATION
STATE OF C
IFORNIA,)
Pro
V. -..f of Publication of
ss.
County of Ora
ge )
I am a citizen of the
U *ted States and a resident
of the County afores
i4; I am over the age of
Paste Clippi of ( j
eighteen years, and no
14 party to or interested in
Notice
SECURE Y
the above -entitled In
iter. I am the principal
In This Spa e
clerk of the Anaheim
ulletin, a newspaper that
has been adjudged to
f a newspaper of general
circulation by the Sup
I
Dior Court of the County
of Orange, State of C
1�fomia, on December 28,
f SUMMARY P LIGATION
1
oCITY O c NO. 6248'
i
1951, Case No. A-21
$1 in and for the City of
AN ORDINANCE OF THE CrfY UNCL OF THE CITY OF ANA-
HEIM APPROVING AN ORDi OF'Tfe,OITY OF ANAHEIM
Anaheim, County of
> ange, State of California;
�APPnNG AMOMMENT. NO. t TO DEVELOPM�r _-
X%AENT NO.2oo6af?t>a AND BETWEEN THE CITY "
OF ANAHEIM, ANO PROJECT OWNER,
LLC,��.� o(g� MAIONG> s arae t : C REtATEQ THERETO,
that the notice, of w
i�h the annexed is a true
#1ENbMiA?Jl �NBEHAGLPOF TO SIEC TIE SM
printed copy, has bee
ublished in each regular
-. -
r
and entire issue of sai
Tlewspaper and not in any
This ordinance ,Troves an amendment �evelopmeM Agreement No. 2006-00003
(("Amendment No. 1") by and be{wee0 the Cl of Anaheim and The Orangewood Pr 'eel
t 0vmer, LLC, a owsware tanned IlAbilny y (the "owner") rel ng to the dewlop-
ment of a S may, 320-unk �ct ooaied above a subterranean parking struc-
on that n real at 1 East Orangewood Avenue in the City of
turesupplement
Pp thereof o
the following dates, to
h Anaheim.
wit:
t 1, Linea N. Andel, City Clerk of ttre City of do ►uare#ry certify that the foregoing is a —
summery of Ordinance No. 8248, which ord' once was Introduced -at a regular meeting of
J
28
the (may Council of the City of Anaheim on: 5th day Jwm, 2012 arwd was dulypas�ed
r and adopted at a regular meetng of said n on 18th day of June, 2012 by tfre fol-
e
lowing roll call vote; of the members thereof.
AYES,. , Council Sidhu, Galloway Eastman and Murray
"I certify (or decla
�) under the penalty of
�ernbers;
NOES
ABS": None
perjury under the law
pf the State of California
ABSTAIN: Mayor Tai(
that the foregoing is t
and correct":
Ths above aurmn is a reef description of subject mater contained in the text of or -
d;r No, 8248, which � been p ursuant to Section 512 of the Charter of the
R.
City of Anafiakn. aumrnary does pnt or describe every prohlsi� of the ordi
and should ba relied on as a for the fun:4. the ordinance.
Executed at Santa
Ana, Orange County,
To obtain a of the fun tett of the or eel please contact the Office of the city
Clerk, (Z14) ? between 4:00 AM artd 130 PM, Monday through Friday. Thereis no
California, on
P`ubken Anaah them June 28„ 2M2 ---
Date: June 28, 2012
Anahe I
n Bulletin
625 N.
rand Ave.
Santa A
, CA 92701
(714)
96-2209
PROOF OF
UBLICATION