Loading...
6377ORDINANCE NO. 6377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT NO. 2016-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND FJS, INC, A TEXAS CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. (DEV2015-00134) 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 by the City upon receipt of an application therefor; and WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law"), the City of Anaheim received a verified petition from FJS, Inc., a Texas corporation (the "Developer"), requesting that the City consider and approve a Development Agreement in the form of Development Agreement No. 2016-00002, to provide for the development of the "Project" (as defined below) and certain vested development rights in connection therewith. Development Agreement No. 2016-00002 is proposed in conjunction with the Developer's application for the following additional entitlements, which, together with Development Agreement No. 2016- 00002, are intended to permit the demolition of the existing buildings on that certain 6.44 -acre (approximate) parcel of land located at 1030 West Katella Avenue in the City of Anaheim, County of Orange, State of California (herein referred to as the "Developer's Property"), and the development on the Developer's Property and that certain 1.67 -acre (approximate) triangular parcel of land currently owned by the City and proposed for sale to the Developer of an eight - story AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square feet of meeting space, up to 31,179 square feet of retail and restaurant space, and a seven -level parking structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim Convention Center (herein referred to collectively as the "Proposed Project"): Conditional Use Permit No. 2016-05859; and 2. Final Site Plan No. 2016-00002. WHEREAS, the Developer's Property and the City Property are herein referred to collectively as the "Property". The 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; and WHEREAS, on June 13, 2016 following a duly noticed public hearing, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") made certain findings that the Developer has demonstrated eligibility to enter into Development Agreement No. 2016-00002 and that Development Agreement No. 2016-00002 meets the criteria set forth in the Development Agreement Law and, therefore, by the adoption of its Resolution No. PC2016-046, recommended to the City Council that said Development Agreement be approved; and WHEREAS, upon receipt of said Resolution No. PC2016-046, a summary of evidence, a report of the findings and recommendations of the Planning Commission, the City Council did fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on Development Agreement No. 2016-00002, Conditional Use Permit No. 2016-05859 and Final Site Plan No. 2016-00002 for the Proposed Project (collectively referred to as the "Proposed Entitlements"), and for the purpose of considering the Addendum to the previously certified Final Supplemental Environmental Impact Report No. 2008-00340, dated June 2016 (herein referred to as the "Addendum") 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 prior in time to the introduction of this Ordinance and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council has found and determined the following: 1. That Addendum, together with the other CEQA Documents, collectively constitute the environmental documentation under and pursuant to CEQA relating to the Proposed Entitlements and the Proposed Project; 2. That, pursuant to the findings contained in said concurrent resolution, the CEQA Documents satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Entitlements and the Proposed Project and, together with Mitigation Monitoring Program No. 332 for the Proposed Project, should be approved and adopted; and 3. That no further environmental documentation needs to be prepared under CEQA for the Proposed Entitlements and the Proposed Project. 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 2 reports offered at said hearing, including the evidence presented at the Planning Commission hearing and Planning Commission Resolution No. PC2016-046, does find upon review of the land use aspects of Development Agreement No. 2016-00002, as follows: 1. That the Proposed Project is consistent with the goals, policies, programs and objectives specified in the City's General Plan; 2. That the Proposed Project is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the Proposed Project is and will be located; 3. That the Proposed Project is compatible with the orderly development of property in the surrounding area; 4. That the Proposed Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That Development Agreement No. 2016-00002, in the form presented at the meeting at which this Ordinance was adopted, 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 and the requirements of the Development Agreement Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: cFrTTnN 1 That Development Agreement No. 2016-00002 by and between the City of Anaheim and FJS, Inc., a Texas corporation, in the form presented at the meeting at which this Ordinance was adopted, be, and the same is hereby, approved. SECTION 2. That the Mayor be, and is hereby, authorized to execute Development Agreement No. 2016-00002 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 12thday of July , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 26th day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: None AT TE CITY CLERK OF THE CITY OF NAHEIM 117789/TJR CITY OF ANAHEIM By: MAYOR OF THE CITY OV AN PRO TEM 11 DEV NO. 2015-00132 APN: 137-011-07 137-011-20 a z d LU LU Z V) a Ln W KATELLA AVE CV 719' b 61 75' C 471 r 35�A r z 0 a G G 2 _O :oo Source: Recorded Tract Maps and/or City GIS. e- Please note the accuracy is +i- two to five feet. EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION OF THE DEVELOPER'S PROPERTY: REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA -0000479 RECORDED JANUARY 31, 2001, AS INSTRUMENT NO. 20010054753, OFFICIAL RECORDS OF THE ORANGE COUNTY RECORDER'S OFFICE. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY. PARCEL B: AN EASEMENT FOR STORM DRAIN PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF INSTALLING AND MAINTAINING SAME OVER THE NORTH 4.00 FEET OF THE SOUTH 5.00 FEET OF THE WEST 190.00 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICIAL RECORDS OF THE ORANGE COUNTY RECORDER'S OFFICE. [APN: 137-011-20] LEGAL DESCRIPTION OF THE CITY PROPERTY: REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27; THENCE ALONG THE CENTERLINE OF KATELLA AVENUE AS SHOWN ON PARCEL MAP NO. 2013-153 FILED IN BOOK 382, PAGES 41 THROUGH 47, INCLUSIVE, OF PARCEL MAPS LINE SOUTH 89011'53" EAST 250.93 FEET; THENCE SOUTH 00°48'07" WEST 105.28 FEET; THENCE SOUTH 20°53'58" WEST 30.30 FEET; THENCE SOUTH 23017'27" WEST 412.97 FEET; THENCE NORTH 89°54'30" WEST 76.17 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27; THENCE ALONG SAID WEST LINE NORTH 00005'30" EAST 516.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 83.00 FEET. CONTAINING 72,656 SQUARE FEET, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. [A Portion of APN: 137-011-07] 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 Ordinance No. 6377 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of July, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: None IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. pzy� - CITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION PROOF 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 SUMMARY PUBLICATION CITYOF ANAHEIM ORDINANCE No ..7 has been adjudged to be a newspaper of general AN ORDINANCE OF THE CITY COUNCIL OF THE circulation by the Superior Court of the County CITY OF ANAHEIM APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT NO. 2016-00002 BY A BE THE CITY OF ANAHEIM ND FJ AS of Orange, State of California, on December 28, III A TE ORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY, 1951, Case No. A-21021 in and for the City of This ordinance agpro ves that certain Development Agreement No. 2016-00002 (herein re- tarred to as the "Development Agreement") ') by and between the City of Anaheim and FJS Inc.,a p Texas corporation (the "Developer"). Anaheim, County of Orange, State of California; The Development Agreement, to wfi; certain other entitlements approved by the City Council, provides for the development opment of the ' PrOISCV (defined below) and certain vested development rights that the notice, of which the annexed is a true in connection there- with Project consists of the demolition of the existing buildings on that certain 6.44 - acre (approximate) parcel of land located at 1030 West Katella Avenue in the City of Ana - hLim, County of Orange, State of California printed copy, has been published in each regular (herein referred to as the "Developer's Proper- ly'), and the development on the Developer's Property and on that certain 1.67 -acre (ap- Proximate) tdan?Ular parcel of land currently own d by the City and Proposed for Sale I., I the Developer o an eight -story AAA Four Di.m.ndeHotel and entire issue of said newspaper and not in any containing Up to 634 hotel rooms, UP to 42,00,0 square feet of meeting space, up to 31,179 ground of retail and restaurant space, and a seven -level parking structure, of which th ground floor would be dedicated to back -of -house uses for the Anaheim Convention Center. supplement thereof on the following dates, to Linda N. Andal, City Clerk of the City Of Anaheim do hereby certify that the foregoing is a summa summary of Ordinance No 6377 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 12th day Of July, 2016 and and soOP led duly wit: was passed at a regular meeting of said Council on the 26th day of July, 2016 by the fol - roll , .11 call vote of the members thereof: August 4, 2016 1 AYES: Mayor Pro Tern Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt "I certify (or declare) under the penalty of T1 all ABSENT: Mayor perjury under the laws of the State of California ABSTAIN: None that the foregoing is true and correct": The above summary is a brief description of the subject matter contained in the text of or- dinance No. 6377, w 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, Executed at Santa Ana, Orange County, 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. California, on 118052/TJR Publish: Anaheim Bulf2t'2yqu Asst 4, 2016 101856Br Date: August 4, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 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. 6377 and was published in the Anaheim Bulletin on the 4th day of August, 2016. (PW - CITY CLERK OF THE CITY OF ANAHEIM