6257ORDINANCE NO. 5257
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(DEVELOPMENT AGREEMENT NO. 2006-00002B) BY AND
BETWEEN THE CITY OF ANAHEIM AND LNR PLATINUM
STADIUM, LLC; MAKING CERTAIN FINDINGS RELATED
THERETO; AND AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST SAID AGREEMENT
FOR AND ON BEHALF OF THE CITY.
WHEREAS, on January 8, 2008, the City of Anaheim and Platinum Triangle Partners,
LLC entered into that certain Development Agreement No. 2006-00002, which was recorded in
the Official Records of the County of Orange, State of California ("Official Records") on January
22, 2008 as Instrument No. 2008000031001 (the "Development Agreement") with respect to that
certain real property located at 2050 South State College Boulevard and 2015-2125 East
Orangewood Avenue in the City of Anaheim, County of Orange, State of California,. which real
property is generally depicted on the map attached hereto as Exhibit A and legally described in
Exhibit B attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Development Agreement provided for development of an 878 -unit
residential project consisting of six development areas, two public parks, new public connector
streets and related infrastructure (the "Project"); and
WHEREAS, on December 16, 2008, the City Council of the City of Anaheim )"City
Council") approved Amendment No. 1 to Development Agreement No. 2006-00002
("Amendment No. 1 ") to, among other things, extend the Term of the Development Agreement
to January 22, 2016. The Development Agreement and Amendment No. 1 shall be referred to
herein collectively as the "Existing Development Agreement"; and
WHEREAS, subsequent to recordation of Amendment No. 1, Platinum Triangle Partners,
LLC conveyed its right, title and interest in and to the Property and to the Existing Development
Agreement to LNR Platinum Stadium, LLC, a Delaware limited liability company ("Owner");
and
WHEREAS, pursuant to Section 21 of the Existing Development Agreement and Chapter
18.60 of the Anaheim Municipal Code (the "Code") and on or about July 3, 2012, Owner
submitted an application for (a) an amendment to the Existing Development Agreement in the
form of Amended and Restated Development Agreement (Development Agreement No. 2006-
00002B) (herein referred to as the "Amended and Restated Development Agreement") in order to
(i) modify the site design and product type, (ii) reduce the total number of residential units from
878 to 525 units within eight buildings up to 4 -stories in height with subterranean parking and
related amenities, (iii) revise the location of the public park and the connector street, and (iv)
permit a smaller park than allowed by the Anaheim Municipal Code (herein referred to
collectively as the "Platinum Stadium Apartments Project"); (b) an amendment to the Land Use
Element, Circulation Element and Green Element of the General Plan ("General Plan
Amendment No. 2012-00485"); (c) an amendment to the Platinum Triangle Master Land Use
Plan ("PTMLUP") and, specifically, Chapter 1, Figure 3 (General Plan Designations), Chapter 2,
Figure 4 (Platinum Triangle Urban Design Plan), Chapter 3, Figure 5 (Mixed Use and Office
Districts), Chapter 4, Figure 20 (Landscape Concept Plan) and Figure 21 (Cross Section Key
Map) ("Miscellaneous Case No. 2012-00553"); (d) Variance No. 2012-04909; and (e) revised
Tentative Tract No. 16860. The proposed Amended and Restated Development Agreement,
General Plan Amendment No. 2012-00485, Miscellaneous Case No. 2012-00553, Variance No.
2012-04909, and revised Tentative Tract No. 16860 shall be referred to herein collectively as the
"Proposed Project Actions"; and
WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No.
2012-00001 to provide for the development of the Platinum Stadium Apartments Project,
contingent upon the approval of the Proposed Project Actions; and
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
conducted a public hearing for the proposed Amended and Restated Development Agreement at
the Civic Center in the City of Anaheim on September 10, 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 Chapter 18.60 of the Code, and considered information presented by City staff and evidence
for and against the proposed Amended and Restated Development Agreement; and
WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2012-
064 on September 10, 2012, which is incorporated herein by this reference, made certain
findings that the proposed Amended and Restated Development Agreement in the form
presented at this meeting meets all of the requirements set forth in Resolution No. 82R-565 (the
"Procedures Resolution"), which was adopted by the City Council on November 23, 1982, and
has recommended to the City Council that the Amended and Restated Development Agreement
be approved, subject to the conditions of approval set forth in Resolution No. PC2012-064 and as
attached as an exhibit to the proposed Amended and Restated Development Agreement; and
WHEREAS, the City Council did hold a public hearing upon the Amended and Restated
Development Agreement, notice of said public hearing having been duly given as required by
law; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA"), the City Council, as the "lead agency" for the Amended and Restated Development
Agreement, by motion, did find and determine that (i) Final Environmental Impact Report No.
339, together with Mitigation Monitoring Program No. 304, serves as the appropriate
environmental documentation for the proposed Amended and Restated Development Agreement
and satisfy all the requirements of CEQA; (ii) none of the conditions described in Sections 15162
or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or
supplemental EIR have occurred in connection with the proposed Amended and Restated
Development Agreement; and (iii) no further environmental documentation needs to be prepared
under CEQA for the proposed Amended and Restated Development Agreement; and
2
WHEREAS, after careful consideration of the recommendations of the Planning
Commission and all evidence and reports offered at said hearing, the City Council does hereby
find and determine, with respect to the request for the proposed Amended and Restated
Development Agreement, that all of the conditions and criteria for the approval of said Amended
and Restated Development Agreement are present as follows:
1. The Platinum Stadium Apartments 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. The Platinum Stadium Apartments Project is compatible with the uses authorized
in and the regulations prescribed for the applicable zoning district in that the Platinum Stadium
Apartments Project is in compliance with the PTMU Overlay Zone requirements and the revised
Tentative Tract Map No. 16860, which was approved by the City Planning Commission on
September 10, 2012.
3. The Platinum Stadium Apartments 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 Platinum Stadium Apartments Project is not otherwise detrimental to the
health and safety of the citizens of the City of Anaheim.
5. The Amended and Restated Development Agreement, in the form presented at
this meeting, constitutes a lawful, present exercise of the City's police power and authority under
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"), Anaheim City Council Ordinance
No. 4377 (the "Enabling Ordinance"), and Anaheim City Council Resolution No. 82R-565 (the
"Procedures Resolution").
6. The Amended and Restated Development Agreement is entered into pursuant to
and in compliance with the Charter of the City of Anaheim 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 the Amended and Restated Development Agreement (Development Agreement No.
2006-00002B), in the form presented at this meeting, be, and the same is hereby, approved.
SF.C':TION 2_
That the Mayor is hereby authorized to execute and the City Clerk is hereby authorized to
attest said Amended and Restated Development Agreement for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 9th day of October , 2012, and thereafter
passed and adopted at a regular meeting of said City Council held on the 23rd day of
October , 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: � K
MAYOR
ATTEST:
�Q" 'J. (f�& "-X /'-)
CITY CLERK OF THE CITY OF AJFAHEIM
91707
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. 6257 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the gth day of October, 2012, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 23rd day of October, 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 23rd day of October, 2012.
•
rem_"-.
u
(SEAL)
EXHIBIT "A"
DEV NO. 2012-00014
APN:083-270-69
083-270-47
083-270-72
083-270-67
083-270-61
083-270-37
083-270-71
083-270-75
083-270-51
083-270-73
m
083-270-70
083-270-74
083-270-54
cj
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J
J
0
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895'
30'
in
uN
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965'
E ORANGEWOOD AVE
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Source: Recorded Tract Maps and/or City GIS.
feet
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3
OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE
WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT
ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID
PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH
LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH
SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT
3; THENCE WEST ALONG SAID
SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT,
NORTH 890 59' 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE
WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES
FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59' 00" WEST 139.13 FEET, ALONG
SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY' S 30.00 FOOT WIDE RIGHT OF WAY AS
DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL
RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17'
15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 430 23' 25" TO A POINT OF CUSP WITH A COMPOUND CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE
SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL
ANGLE OF 00 57' 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE
SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190 49'
31" TO THE POINT OF BEGINNING.
PARCEL 3:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3A:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93
FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71,
AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4:
THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3
OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67
FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS
AN UNNAMED ROAD.
PARCEL 4A:
AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND:
THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93
FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS
PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4B:
AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH
371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED
IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15
FEET OF SAID 243.26 FEET.
PARCEL 4C:
AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS
FOLLOWS:
THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH
371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED
IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT
BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID
PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID
NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE
WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 70 09' 10";
THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET;
THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 90
25' 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE
WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND
SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES
OF SAID EAST 243.26 FEET.
EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE
SAID EAST 243.26 FEET.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED
PARCEL 4B.
PARCEL 5:
THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF
LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA
AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT
CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS
INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL 6:
THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN
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.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT
CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS
INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL 6A:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93
FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES
22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
p
PARCEL 7:
THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE,
ADJOINING ON THE WEST OF THE SOUTH 195.00 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.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT
CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS
INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR
OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE
BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE
OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500
FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER,
A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL
RECORDS.
[APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083-270-73 and
083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37.]
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. 6257 and was published in the Anaheim Bulletin on the 1St day of
November, 2012.
CITY CLERK OF T-Pff CITY OF IANAHEIM
(SEAL)
ORDINANCE NO. 6257
AN ORDINANCE OF THE CITY OF ANAHEIM APr NG AMENDED AND RESTATED DEVELOPMENT AGREEMENT (D'
VVA.OPMENT AGREEMENT NO. 2006-00002B) B) BETWEEN THE CITY OF ANAHEIM AND LNR PLATINUM STADIU
LLC; MAKING CERTAIN FINDINGS RELATED THt„-f0; AND AUTHORIZING THE MAYOR TO EXECUTE AND THE C11.
CLERK TO ATTEST SAID AGREEMENT FOR AND ON BEHALF OF THE CITY.
WHEREAS, on January 8, 2008, the City of Anaheim and Platinum Triangle Partners, LLC entered into that certain Development Agreement No.
2006-00002, which was recorded in the Official Records of the County of Orange, State of California ("Official Records") on January 22, 2008 as Instru-
ment No. 2008000031001 (the "Development Agreement") with respect to that certain real property located at 2050 South State College Boulevard and
2015-2125 East Orangewood Avenue in the City of Anaheim, County of Orange, State of California, which real property is generally depicted on the map
attached hereto as Exhibit A and legally described in Exhibit 8 attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Development Agreement provided for development of an 878 -unit residential project consisting of six development areas, two pub-
lic parks, new public connector streets and related infrastructure (the "Project"); and -
WHEREAS, on December 16, 2008, the City Council of the City of Anaheim )"City Council") approved Amendment No. 1 to Development Agree-
ment No. 2006-00002 ("Amendment No. 1") to, among other things, extend the Term of the Development Agreement to January 22, 2016. The Develop-
ment Agreement and Amendment No. 1 shall be referred to herein collectively as the "Existing Development Agreement"; and
WHEREAS, subsequent to recordation of Amendment No. 1, Platinum Triangle Partners, LLC conveyed its right, title and interest in and to the Prop-
erty and to the Existing Development Agreement to LNR Platinum Stadium, LLC, a Delaware limited liability company ("Owner"); and
WHEREAS, pursuant to Section 21 of the Existing Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (the "Code") and
on or about July 3, 2012, Owner submitted an application for (a) an amendment to the Existing Development Agreement in the form of Amended and
Restated Development Agreement (Development Agreement No. 2006-000028)!herein referred to as the "Amended and Restated Development Agree-
ment") in order to (i) mortify the site design and product type, (ii) reduce the total number of residential units from 878 to 525 units within eight buildings
up to 4 -stories in height with subterranean parking .and related amenities, (iii) revise the location of the public park and the connector street, and (iv) er-
mit a smaller park than allowed by the Anaheim Municipal Code (herein referred to collective) as the "Platinum Stadium Apartments Project"); (b an
amendment to the Land Use Element, Circulation Element and Green Element of the General Man ("General Plan Amendment No. 2012-00485"); (c an
amendment to the Platinum Triangle Master Land Use Plan ('PTMLUP") and, specifically, Chapter 1, Figure 3 (General Plan Designations), Chapter 2,
Figure 4 (Platinum Triangle Urban Design Plan), Chapter 3, Figure 5 (Mixed Use and Office Districts), Chapter 4, Figure 20 (Landscape Concept Plan)
and Figure 21 (Cross Section Key Map) ("Miscellaneous Case No. 2012-00553"); (d) Variance No. 2012-04909; and (e) revised Tentative Tract No. 16860.
The proposed Amended and Restated DevelopmentAgreement, General Plan Amendment No. 2012-00485, Miscellaneous Case No. 2012-00553, Var-
iance No. 2012-04909, and revised Tentative Tract No. 16860 shall be referred to herein collectively as the "Proposed Project Actions"; and
WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No. 2012-00001 to provide for the development of the Platinum
Stadium Apartments Project, contingent upon the approval of the Proposed Project Actions; and
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") conducted a public hearing for the proposed Amended
and Restated Development Agreement at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing hav-
ing been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, and considered information presented by
City staff and evidence for and against the proposed Amended and Restated Development Agreement; and
WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2012-064 on September 10, 2012, which is incorporated herein by
this reference, made certain findings that the proposed Amended and Restated Development Agreement in the form presented at this meeting meets all
of the requirements set forth in Resolution No. 82R-565 (the "Procedures Resolution"), which was adopted by the City Council on November 23, 1982,
and has recommended to the City Council that the Amended and Restated Development Agreement be approved, subject to the conditions of approval
set forth in Resolution No. PC2012-064 and as attached as an exhibit to the proposed Amended and Restated Development Agreement; and
WHEREAS, the City Council did hold a public hearing upon the Amended and Restated Development Agreement, notice of said public hearing
having been duly given as required by law; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as the "lead agency" for the Amend-
ed and Restated Development Agreement, by motion, did find and determine that (i) Final Environmental Impact Report No. 339, together with Mitigation
Monitorin Program Nd. 304, serves as the appropriate environmental documentation for the proposed Amended and Restated Development Agreement
and satisfy all the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the
preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Amended and Restated Development Agreement; and
(w no further environmental documentation needs to be prepared under CEQA for the proposed Amended and Restated Development Agreement; and
WHEREAS, after careful consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing, the City
Council does hereby find and determine, with respect to the request for the proposed Amended and Restated Development Agreement, that all of the
conditions and criteria for the approval of said Amended and Restated Development Agreement are present as follows:
1. The Platinum Stadium Apartments 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. The Platinum Stadium Apartments Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning
district in that the Platinum Stadium Apartments Project is in compliance with the PTMU Overlay Zone requirements and the revised Tentative Tract Map
No. 16860, which was approved by the City Planning Commission on September 10, 2012.
3. The Platinum Stadium Apartments Project is compatible with the orderly development of property in the surrounding area in that it is in con-
formance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements.
4. The Platinum Stadium Apartments Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim.
5. The Amended and Restated Development Agreement, in the form presented at this meeting, constitutes a lawful, present exercise of the
City's police power and authority under Article 2.5 of Chapter 4 of Division 1 o1 Title 7 (commencing with Section 65864) of the Government Code of the
State of California (the "Statute, Anaheim City Council Ordinance No. 4377 (the "Enabling Ordinance"), and Anaheim City Council Resolution No. 82R-
565 (the "Procedures Resolution").
6. The Amended and Restated Development Agreement is entered into pursuant to and in compliance with the Charter of the City of Anaheim
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 the Amended and Restated Development Agreement (Development Agreement No. 2006-00002B), in the form presented at this meeting, be,
and the same is hereby, approved.
SECTION 2.
That the Mayor is hereby authorized to execute and the City Clerk is hereby authorized to attest said Amended and Restated Development Agree-
ment for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 9th day of October,
2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 23rd day of October, 2012, by the following roll call vote:
AYES: Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: Mayor Tart
CITY OF ANAHEIM
By: Js( Tom Tart
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Is/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
A copy of Exhibits "A" and "B" are available at the Office of the City Clerk, 200 S. Anaheim Boulevard, 2nd Floor, Anaheim, California, (714) 765-5166, be-
tween 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy.
Publish: Anaheim Bulletin November 1 2012 9525319