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6264ORDINANCE NO. 6264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007-00002 (DEVELOPMENT AGREEMENT NO. 2007-00002B) BY AND BETWEEN THE CITY OF ANAHEIM AND SHOPOFF ADVISORS, L.P. FOR THE PLATINUM VISTA PROJECT (DEV2012- 00060); MAKING CERTAIN FINDINGS RELATED THERETO; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 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 (herein referred to as the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the "Enabling Ordinance"), making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures Resolution"), establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law") and by the adoption by the City Council of its Ordinance No. 6090 on January 8, 2008, the City of Anaheim, on the one hand, and the Ronald W. Marshall and Deborah L. Marshall Trust, Dated January 7, 1989, the Marshall Family Trust, Dated February 14, 2000, and See Development Limited Partnership (collectively referred to herein as "Marshall/See"), on the other hand, entered into that certain Development Agreement No. 2007-00002, which was recorded in the Official Records of the County of Orange, California (herein referred to as the "Official Records") on March 20, 2008, as Instrument No. 2008000129034 (herein referred to as the "Development Agreement") with respect to that certain real property consisting of approximately 4.13 acres and commonly known as 1005 through 1105 East Katella 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 more particularly described in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Development Agreement provided for development of a 327 -unit mixed use residential condominium project with a 9,500 square foot full-service restaurant with an outdoor dining area. In addition to the Development Agreement, the City Council approved Conditional Use Permit No. 2007-05248 to permit the sales and consumption of alcoholic beverages within a full-service restaurant and Tentative Tract Map No. 17186 to establish a 2 -lot (1 lettered and 1 numbered) residential subdivision (herein referred to as the "Original Project"); and WHEREAS, by the adoption of Ordinance No. 6246 on June 5, 2012, the City Council approved Amendment No. 1 to Development Agreement 2007-00002 ("Amendment No. V) to extend the Term of, and provide for other modifications to, the Development Agreement. Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No. 2012000337873. The Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Development Agreement"; and WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership (herein referred to as "Shopoff'), has entered into an agreement with Marshall/See to purchase the Property. Under the authority set forth in the Statute, Shopoff possesses an equitable interest in and to the Property and is, therefore, authorized to enter into a Development Agreement with the City for the Property; and WHEREAS, pursuant to the authority conferred upon Shopoff by Marshall/See and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code"), Shopoff submitted to the City a request to modify the site design and product type of the Original Project, consisting of an increase in the number of dwelling units from 327 to 350 residential apartment units and a reduction in the amount of office and commercial development (herein referred to as the "Platinum Vista Project"). To that end, Shopoff has requested the following entitlements: (a) that the Development Agreement be amended and restated in the form of the proposed First Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007-00002B) (herein referred to as the "Amended and Restated Development Agreement") presented at the meeting at which this Resolution was adopted; and (b) that Tentative Tract Map No. 17494 be approved. WHEREAS, the Amended and Restated Development Agreement and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Entitlements"; and WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012- 00007 (herein referred to as the "Final Site Plan") to provide for the development of the Platinum Vista Project, contingent upon the approval of the proposed Entitlements; and WHEREAS, on December 3, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") conducted a public hearing for the proposed Platinum Vista Project and the Entitlements at the Civic Center in the City of Anaheim, notice of 2 said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the previously certified Final Supplemental Environmental Impact Report No. 339 (including Addendum No. 1 thereto) (collectively referred to herein as "FSEIR No. 339") and for and against the Platinum Vista Project and the Entitlements; and WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2012- 099 on December 3, 2012, which is incorporated herein by this reference, made certain findings that Shopoff has demonstrated eligibility to enter into the Amended and Restated Development Agreement and that the Amended and Restated Development Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Amended and Restated Development Agreement be approved; and WHEREAS, upon receipt of said Resolution No. PC2012-099, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 18th day of December, 2012, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Platinum Vista Project and the Entitlements, and for the purpose of considering FSEIR No. 339, and did give notice thereof in the manner and as provided by law; and, WHEREAS, by the adoption of a resolution concurrently with but prior in time to the introduction of this Ordinance and pursuant to the provisions of the California Environmental Quality Act (herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), this City Council, as the "lead agency" under CEQA, has found and determined that (i) FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 306, serve as the appropriate environmental documentation for the Platinum Vista Project and the Entitlements and satisfy all the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Platinum Vista Project and the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the Platinum Vista Project and the Entitlements. WHEREAS, this 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 hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2012-099, does find upon review of the land use aspects of the Amended and Restated Development Agreement, as follows: That the Platinum Vista 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; 3 2. That the Platinum Vista Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Platinum Vista Project is in compliance with the PTMU Overlay Zone requirements, Tentative Tract Map No. 17494, and as further set forth in Final Site Plan No. 2012-00007, which has been approved by the Planning Director; 3. That the Platinum Vista 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. That the Platinum Vista Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim; That the Amended and Restated Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Development Agreement Law; and 6. That the Amended and Restated Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of the Development Agreement Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the First Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007-0000213) by and between the City of Anaheim and Shopoff Advisors, L.P. be, and the same is hereby, approved. SECTION 2. That the Mayor be, and is hereby, authorized to execute the First Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007-0000213) for and on behalf of the City. F. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18th day of December , 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 15th day of January , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF ANAHEI 92705 5 CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2012-00060 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA [Assessor's Parcel No. 082-261-27] PARCEL NO. 2: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. [Assessor's Parcel No. 082-261-28] 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. 6264 and was published in the Anaheim Bulletin on the 24th day of January, 2013. CITY CLERK OF THE CITY Oli ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 24, 2013 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": - Executed at Santa Ana, Orange County, California, on Date: January 24, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007.00002 (DEVELOPMENT AGREEMENT NO. 2007- 000026) BY AND BETWEEN THE CITY OF ANA- HEIM AND SHOPOFF ADVISORS,L.P. FOR THE )P);;LATINUM VISTA PROJECT �ipiEEV2012-. TTOHEERET0, AND AUTHORIZING THE Mpq�pR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY, This ordinance approves that certain First Amended and Restated Development Agree- ment No. 2007-00002 (Development Agreement No. 2007-000026) by and, between the City of Anaheim and Shopbff Advisors, C.P., a Delaware limited .. n _ Wp,(th "Owner"), relating to the development of a three hundred n (350) unit residential apartment project and related improvements on approximatelyy 4�.13 acireilof real property located in the Katella District of The Platinum Triangle at 1005 through 1106 East Katella Avenue, in the City of Anaheim, County of Orange, State of California. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6264, which ordinance was introduced at a regular meeting of the C' Council of the City of Anaheim on the 18th day of December, 2012 and was duly passed and adopted at a regular meeting of said Council on the 15th day of January, 2013 by the following roll call vote of the members thereof:. AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No. 6264, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordl- nance and should not be relied on as a substitute for the full t®M of.ihe ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin January 24, 2013 9565891