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6310 ORDINANCE NO. 6310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007-00002 (DEVELOPMENT AGREEMENT NO. 2007-00002D) BY AND BETWEEN THE CITY OF ANAHEIM AND PLATINUM VISTA APARTMENTS, L.P. 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") enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the "Enabling Ordinance"), making the City of Anaheim (herein referred to as the "City") subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section fi5865 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 Ordinance No. 6090 on January 8, 2008, the City, 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, the "Original Owner"), on the other hand, entered into that certain Development Agreement No. 2007-00002 (the "Development Agreement") to build a 327-unit condominium project, including a 9,500 square foot full-service restaurant with respect to that certain real property generally depicted on the map attached hereto as Exhibit A and more particularly described in the "Legal Description" attached hereto as Exhibit B and incorporated herein by this reference (the "Property"). The Development Agreement was recorded in the Official Records of the County of Orange, State of California ("Official Records") on March 20, 2008 as Instrument No. 2008000129034; and WHEREAS, by the adoption of Ordinance No. 6246 on June 5, 2012, the City Council approved Amendment No. 1 to Development Agreement No. 2007-00002, extending the Term of the Development Agreement from a period of five years to a period of ten years ("Amendment __ __ No. 1"). Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No. 2012000337873; and WHEREAS, by that certain Assignment and Assumption of Development Agreement, dated as of December 20, 2412, the Original Owner assigned the Development Agreement, as amended by Amendment No. 1, to TSG Platinum LP, a Delaware limited partnership ("TSG"), the original of which was recorded in the Official Records on December 21, 2012 as Instrument No. 2412000796335; and WHEREAS, by the adoption of Ordinance No. 6264 on January 15, 2013, the City Council approved that certain First Amended and Restated Development Agreement No. 2007- 00002 (Development Agreement No. 2007-00002B) ("First Amended DA") to increase the number of units in the project to 350 and eliminate the 9,500 square foot full-service restaurant in the project. The First Amended DA was recorded in the Official Records on April 11, 2013 as Instrument No. 2013000217457; and WHEREAS, on or about January 22, 2014, the Property was acquired by Platinum Vista Apartments, L.P., a California limited partnership ("Owner"} and the First Amended DA was assigned from TSG to Owner pursuant to that certain Assignment and Assumption of Development Agreement, dated as of January 22, 2014, the original of which was recorded in the Official Records on January 22, 2014 as Instrument No. 2014000025889; and WHEREAS, the Development Agreement, Amendment No. 1, and the First Amended DA shall be referred to herein collectively as the "Existing Development Agreement"; and WHEREAS, pursuant to the authority conferred upon and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, the Owner requested an amendment to the Existing Development Agreement and existing entitlements to increase the number of dwelling units that can be built on the Property from 350 to 389 residential apartment units consisting of a siX-story "wrap style" building with subterranean parking (the "Revised Platinum Vista Project"). In addition to its request for an amendment to the Existing Development Agreement in the form of the proposed Second Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007- 00002D) (the "Second Amended DAG"), the Owner requested the following entitlements, which together with the Second Amended DAG shall be referred to herein collectively as the "Proposed New Entitlements"): (a) An amendment to the General Plan to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the number of dwelling units from 350 to 389 residential apartment units ("General Plan Amendment No. 2014-00495 "); (b) An amendment to the Zoning Code to make the Zoning Code consistent with General Plan Amendment No. 2014-00495, as adopted ("Zoning Code Amendment No. 2014-00117"); and 2 (c) An amendment to the Platinum Triangle Master Land Use Plan to be consistent with General Plan Amendment No. 2014-00495, including amendments to (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter 3, Section 3.1, (iii) Chapter 3, Section 3.4, (iv) Chapter 3, Table 3, and (v) Appendix G, to reflect revised development intensities ("Miscellaneous Case No. 2014-00593"); and WHEREAS, on September 8, 2014, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") conducted a public hearing for the proposed Revised Platinum Vista Project and the Proposed New Entitlements at the Civic Center in the City of Anaheim, 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, to hear and consider evidence and testimony for and against the proposed Revised Platinum Vista Project and the Proposed New Entitlements, including Addendum No. 3, dated August 2014 ("Addendum No. 3") to that certain "Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339" ("FSEIR No. 339"), Addendum No. 1 to FSEIR No. 339, dated April 17, 2012, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012, and related Mitigation Monitoring Programs and Plans (collectively, the "CEQA Documents"). Addendum No. 3 was prepared pursuant to the provisions of Section 15164 of the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "State CEQA Guidelines") in order to determine whether any significant environmental impacts which were not identified in the previously-approved CEQA Documents would result or whether previously identified significant impacts would be substantially more severe in connection with the proposed Revised Platinum Vista Project and the Proposed New Entitlements; and WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2014- 083 on September 8, 2014, which is incorporated herein by this reference, made certain findings that the Owner has demonstrated eligibility to enter into the proposed Second Amended DAG and that the proposed Second Amended DAG meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that the proposed Second Amended DAG be approved; and WHEREAS, upon receipt of said Resolution No. PC2014-083, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 21 st day of October, 2014, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the proposed Revised Platinum Vista Project and the Proposed New Entitlements and for the purpose of considering Addendum No. 3 and the other CEQA Documents, and did give notice thereof in the manner and as provided by law; and WHEREAS, by the adoption of a resolution concurrently with but priar in time to the introduction of this Ordinance and pursuant to the provisions of the California Environmental Quality Act (herein referred to as "CEQA"), the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council has found and determined, based upon a thorough review of the proposed Revised Platinum Vista Project and the Proposed New Entitlements, Addendum No. 3 and all other CEQA Documents, that (i) Addendum No. 3 was prepared in compliance with the requirements of CEQA and the State CEQA Guidelines; (ii) Addendum No. 3 and the other CEQA Documents serve as the appropriate environmental documentation for 3 proposed the proposed Revised Platinum Vista Project and the Proposed New Entitlements and satisfy all the requirements of CEQA; (iii) 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 Revised Platinum Vista Project and the Proposed New Entitlements; and (iv) no further environmental documentation needs to be prepared under CEQA for the proposed Revised Platinum Vista Project and the Proposed New Entitlements; and 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. PC2014-083, does find upon review of the land use aspects of Amendment No. 4, as follows: 1. The proposed Second Amended DAG is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation for the Property and with the goals, policies, programs and objectives specified in the General Plan. 2. The proposed Second Amended DAG is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district in which the Revised Platinum Vista Project is and will be located, and is consistent with the Platinum Triangle Mixed Use Overly requirements. 3. The proposed Second Amended DAG 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 proposed Second Amended DAG is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The proposed Second Amended DAG constitutes a lawful, present exercise of the City's police power and authority under, is entered into pursuant to, and is in compliance with the City's charter powers, 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 Second Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007-00002D) by and between the City of Anaheim and Platinum Vista Apartments, L.P., a California limited partnership, be, and the same is hereby, approved. 4 SECTION 2. That the Mayor be, and is hereby, authorized to execute the Second Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No. 2007- 00002D) 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 21 st day of October , 2014, and thereafter passed and adopted at a regular meeting of said City Council held on the �$� day of November , 2014, by the following roll call vote: AYES: �Yor Tait, Council Mesnbers Ea.stman, Brandman and Kring NOES: None ABSENT: ��cil Member Murray ABSTAIN: �ne CTTY OF ANAHEIM ��� �, MA OR OF THE CtTY OF ANAHEIM ATTEST: CITY C ERK OF THE CITY OF AN EIM 105450/TJR 5 EXHIBIT "A" DEV2012-00060B AP N : 082-261-27 082-261-28 ", 30' 276' � � � � a 3 z � � m � a � 306' ° ` E KATELLA AVE � � o � W �,,,, � W � � �" i1'. W a � � � � o so ioo Source: Recorded Tract Maps and/or City GIS. v �eet Please note the accuracy is +/- two to five feet. EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A LOT 2 OF TRACT NO. 17494, IN THE CITY OF ANAHEIM, COLJNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 927, PAGES 10 THROUGH 14, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B NON-EXCLUSIVE RECIPROCAL EASEMENT(S) FOR VEHICULAR AND PEDESTRIAN ACCESS AND TRAFFIC CIRCULATION, AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "GRANT OF RECIPROCAL EASEMENTS", RECORDED FEBRUARY 28, 2013 AS INSTRUMENT NO. 2013-000127002, OFFICIAL RECORDS OF SAID COUNTY. [Assessor's Parcels Nos. 082-261-27 and 082-261-28 and a portion of Assessor's Parcels No. 082-261-24] C 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: November 27, 2014 "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: November 27, 2014 V, 7, , AMT.- �� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION 1\ Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION ORDINANCE ANAHEIM 63310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANA- 14EIM APPROVING THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007.00002 (DEVELOP- MENT AGREEMENT NO. 2007.00002D BY AND BETWEEN THE CITY OF ANAHEIM AND PLATINUM VISTA APARTMENTS, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. This ordinenoe approves that certain Second Amended and Restated Daval-ant nr,raa- num �• „ ) •. .„a muvpuw� v� vramance rva. ovau on January 8, 21711t1, an amended by if that certain mendment No. 1 to Development Agreement Na. 2007.00002 a roved by ho City Council by the adoption of Ordinance No, 8246 on Juno 5, 2012, and (li) that certain First Amended and Restated Development Agreement No, 2007.00002 (Develop- ment Agrsomant No, 2007.000028) approved by the Olty Counpil by the adaption of Ordl- nance Nd, 8284 on.J�pnnnary 18, 2013. The by Dovolopment Aggreement, together with certain other entitlements approved b the City Council concurrent fy, will permit an in- creaae In the number of dwelling unite that can be built on that certain real property in the CIN of Anaheim which la more particularly described on Exhibit A attached hereto, from 350 to 389 real antlal apartment units consisting of a six -story "wrap style" building with subterranean parking. I, Linda N. Andal City Clerk of the Cib of Anaheim, do hereby oertffy that the foregoing Is a summary of Ordnance No, 8310 whifch ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 2lat day of October, 2014 and was duly passed and adopted at a regular meeting of said Council on the 18th day of November, 2014 by the following roll call vote of the members thereof: AYES: Mayor Taft, Council Members Eastman, Brandman and Kring NOES: None ASSENT: Council Member Murray ABSTAIN: None The above summary Is a brief description of the subject matter contained in the text of Or. dinance No. 8310, 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 ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a c yof PSA, the full text of the ordinance please contact the Office of the City 7g Clerk, (714) �. IIA, between 8:00 AM and 5:00 Monday through Friday. There Is no charge for the fiopy. EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY, THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ANDdB DESCRIBED AS FOLLOWS: PARCEL A: LOT -2 OF TRACT NO. 17494, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE STATE OF OALIFORNIA AS PER MAP FILED IN BOOK 927 PAGES 10 THROUGH 14, INCLUSIVE, OF MAPS, IN T4 OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: ( ) CESSEAND TRAFFIC CIRCULATION ASSET F80RTOH IN THAT CER AND AIN INSTRUMENT EN - TI D "GRANT OF RECIPROCAL EASEMENTS", RECORDED FEBRUARY 28, 2013 A8 INS t UMENT NO, 2013.000127002, OFFICIAL RECORDS OF SAID COUNTYg. AsioseQr's Parcels Nos, 082.281.27 and 082.281.28 and a portion of Assessor's Parcels o. 882.281.24] Publlsh Anaheim Bulletin November 27 2014 9993108