6345ORDINANCE NO. 6345
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 2005-00008C BY AND BETWEEN
THE CITY OF ANAHEIM AND PT METRO, LLC 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 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") and by the
adoption by the City Council of its Ordinance No. 6005 on November 8, 2005, the City of
Anaheim, on the one hand, and Lennar Platinum Triangle, LLC, Don H. Watson, Trustee of the
Don H. Watson Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito
D. Ong and Renee Dee Ong, Roger C. Treichler and Vicki Treichler, as Co -Trustees of the
Treichler Family Trust, the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and
Linda Gaffney, as tenants in common, on the other hand, entered into that certain Development
Agreement No. 2005-0008, which was recorded in the Official Records of the County of Orange,
California (herein referred to as the "Official Records") on December 13, 2005 as Instrument No.
2005000992876 (herein referred to as the "Original Development Agreement") with respect to
certain real property consisting of approximately 43.1 acres and generally located west of State
College Boulevard, between Katella Avenue and Gene Autry Way 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 Original Development Agreement provided for the development of a
Master Site Plan for the Property consisting of up to 2,681 residences with a mix of housing
types, including high rise residential towers, street townhomes, podium townhomes and lofts,
with 150,000 square feet of street -related retail commercial development, public park space and
associated infrastructure to be developed in four phases (collectively, the "Original Project"); and
WHEREAS, by the adoption of Ordinance No. 6125 on December 16, 2008, the City
Council approved Amendment No. 1 to the Original Development Agreement, which was
recorded in the Official Records on February 23, 2009 as Instrument No. 2009000081175
("Amendment No. l "). The Original 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, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and
WHEREAS, pursuant to and in accordance with Section 19 of the Existing Development
Agreement and Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the
"Code"), the Owner submitted to the City a request to amend the Existing Development
Agreement in the form of Amended and Restated Development Agreement No. 2005-00008C
and in conjunction with the Owner's application for the following additional entitlements, which,
together with Amended and Restated Development Agreement No. 2005-00008C, are intended
to modify the site design and product type of the Original Project, consisting of development of a
minimum of 1,400 and a maximum of 1,746 residential dwelling units, a Public Park and Public
Linear Park consisting of approximately 1.8 acres, and a minimum of 38,000 gross floor area of
commercial/retail development (except that Tentative Tract Map No. 17703 is not meant to
replace that portion of Tract 16859 which is being re -subdivided by proposed Tentative Tract
Map No. 17703 but which will be subject to the revised Master Site Plan) to replace the Existing
Entitlements (the "Revised Project"):
1. An amendment to the General Plan to reflect the relocation of the
public park ("General Plan Amendment No. 2013-00490") from the location that
was described in the Master Site Plan attached to the Existing Development
Agreement;
2. An amendment to the Platinum Triangle Master Land Use Plan to,
among other things, reconfigure the Property's circulation system, street types and
street -section design based on a new Master Site Plan for the Revised Project, to
reflect modified ground floor commercial/retail use locations within Development
Areas B and C of the new Master Site Plan, and to delete Appendix F (A -Town
Metro Public Realm Landscape and Identity Program) ("Miscellaneous Case No.
2015-00598");
3. An amendment to the PTMU Overlay Zone to make the Zoning Code
consistent with General Plan Amendment No. 2013-00490, as adopted ("Zoning
Code Amendment No. 2013-00112") to modify the requirement for ground floor
commercial uses on Market Street and to clarify that ground floor commercial
uses are required on Gene Autry Way east of Union Street;
0J
4. Tentative Tract Map No. 17703 for condominium purposes to re -
subdivide approximately 36.7 acres of the project site (excludes a portion of
Westside Drive and Development Area A of the proposed new Master Site Plan,
formerly Development Areas J and 0 of the approved Master Site Plan or Lots 1
and 11 of Tract 16859) into lots which correspond with the Development Areas
and recreation areas (Public Park and Public Linear Park) established by the
proposed new Master Site Plan; and
5. A proposed new Master Site Plan for the Property to reconfigure the
Revised Project's land use and circulation plan to provide flexible Development
Areas, relocation of two public parks, and to revise the approved circulation
system in order to provide an east-west/north-south grid street system to be
compatible with existing market demands and economic conditions while still
providing an urban development consistent with the goals, principles and design
guidelines of the PTMLUP; and
WHEREAS, the City of Anaheim also received a verified petition from the Owner to
approve proposed Final Site Plan No. 2012-00003 to construct a 400 -unit apartment project with
a 6 -story parking structure in Development Area "A" of the proposed Master Site Plan (i.e., Lots
1 and 11 of Tract 16859); and
WHEREAS, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-
00598, Zoning Code Amendment No. 2013-00112, Tentative Tract Map No. 17703, Amended
and Restated Development Agreement No. 2005-00008C, the proposed new Master Site Plan,
and Final Site Plan No. 2012-00003 shall be referred to herein collectively as the "Proposed New
Entitlements"; and
WHEREAS, on September 9, 2015, the Planning Commission of the City of Anaheim
(herein referred to as the "Planning Commission") conducted a public hearing for the proposed
Revised 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
concerning the contents and sufficiency of Addendum No. 4 to the previously certified "Revised
Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339" for the
Revised Platinum Triangle Expansion Project, including Updated and Modified Mitigation
Monitoring Plan No. 106C (collectively referred to herein as "FSEIR No. 339"), together with
Addenda No. 1, 2 and 3 to FSEIR No. 339 and Mitigation Monitoring Plan No. 321 for the
Revised Project, and for and against the proposed Revised Project and the Proposed New
Entitlements; and
WHEREAS, FSEIR No. 339, Addendum No. 1, Addendum No. 2, Addendum No. 3 and
Addendum No. 4,. together with Mitigation Monitoring Program 106C approved in conjunction
with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the Revised Project
collectively constitute the environmental documentation under and pursuant to the California
Environmental Quality Act of 1970, as amended ("CEQA"), the State of California Guidelines
for Implementation of the California Environmental Quality Act (herein referred to as the
3
"CEQA Guidelines"), and the City's Local CEQA Procedure Manual shall be referred to herein
collectively as the "CEQA Documents"; and
WHEREAS, by the adoption of its Resolution No. PC2015-069 on September 9, 2015,
the Planning Commission made certain findings that the Owner has demonstrated eligibility to
enter into Amended and Restated Development Agreement No. 2005-00008C and that Amended
and Restated Development Agreement No. 2005-00008C meets the criteria set forth in the
Development Agreement Law and, therefore, recommended to the City Council that said
Amended and Restated Development Agreement be approved; and
WHEREAS, upon receipt of said Resolution No. PC2015-069, summary of evidence,
report of findings and recommendations of the Planning Commission, the City Council did fix
the 6th day of October, 2015, as the time, and the City Council Chamber in the Civic Center, as
the place, for a public hearing on the Revised Project and the Proposed New Entitlements, and
for the purpose of considering Addendum No. 4 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 No. 4, together with the other CEQA Documents,
collectively constitute the environmental documentation under and pursuant to
CEQA relating to the Proposed New Entitlements and the Revised 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 New
Entitlements and the Revised Project and, together with Mitigation Monitoring
Program No. 321 for the Revised Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared
under CEQA for the Proposed New Entitlements and the Revised 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
reports offered at said hearing, including the evidence presented at the Planning Commission
hearing and Planning Commission Resolution No. PC2015-069, does find upon review of the
land use aspects of Amended and Restated Development Agreement No. 2005-00008C, as
follows:
1. That the Revised Project, as reflected on the Master Site Plan attached
to Amended and Restated Development Agreement No. 2005-00008C, is
consistent with the goals, policies, programs and objectives specified in the City's
General Plan, as amended by General Plan Amendment No. 2013-00490, and
M
with the Platinum Triangle Master Land Use Plan, as amended by Miscellaneous
Case No. 2015-00598,-
2.
015-00598;
2. That the Revised Project, as reflected on the Master Site Plan attached
to Amended and Restated Development Agreement No. 2005-00008C, is
compatible with the uses authorized in, and the regulations prescribed for, the
applicable zoning district(s) in which the Revised Project is and will be located,
and is consistent with the Platinum Triangle Mixed Use Overlay Zone
requirements, as amended by Zoning Code Amendment No. 2013-00112;
3. That the Revised Project, as reflected on the Master Site Plan attached
to Amended and Restated Development Agreement No. 2005-00008C, 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, as amended by Zoning Code Amendment No. 2013-
00112;
4. That the Revised Project, as reflected on the Master Site Plan attached
to Amended and Restated Development Agreement No. 2005-00008C, is not
otherwise detrimental to the health and safety of the citizens of the City of
Anaheim; and
5. That Amended and Restated Development Agreement No. 2005-
00008C 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:
SECTION 1.
That Amended and Restated Development Agreement No. 2005-00008C by and between
the City of Anaheim and PT Metro, LLC, a Delaware limited liability company, be, and the same
is hereby, approved.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute Amended and Restated
Development Agreement No. 2005-00008C for and on behalf of the City.
E
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 6th day of October , 2015, and thereafter
passed and adopted at a regular meeting of said City Council held on the 2D h day of
October , 2015, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
ATTEST:
CITY tLERK OF THE CITY OFA AHEIM
112356/TJR
CITY OF ANAHEIM
By:
MAYOR OF THE 6TY OF ANAHEIM
on
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. 6345 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 6th day of October, 2015 and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 20th day of October, 2015, by the following vote
of the members thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and
Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October 2015.
41111
gi% driP4,0 41.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL) _
EXHIBIT "A"
DEV NO. 2013-00034A
APN:
232-121-01 to 232-121-16
232-121-13 E WRIGIiT CIR E WRIGHT CIR
232-121-26
W
z
Z. S
O 2
w m g —�
+n c v
1731' E KATELLA AVE
M
F 290'
E MERIDIAN_LIV
� sn
4+ LA570' LU
�N E TRlgp ST p E TRIAD STd
r
289' ^ 278' F
m
4'!
757' E GENE AUTRY WAY
GEN E.A UTRY_
J`
s4
9
c�
t E ARTISAN CT
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
'Measurement follows exact line shape
7
EXHIBIT "B"
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL OF LOTS 1 THROUGH 14, INCLUSIVE, LOTS A, B, MARKET STREET, BRYANT
STREET, GRANVILLE DRIVE, TRIAD STREET, UNION STREET, MERIDIAN LANE,
METRO DRIVE, PARK LANE AND WESTSIDE DRIVE OF TRACT NO. 16859 AS SHOWN
ON A MAP RECORDED IN BOOK 892, PAGES 1 THROUGH 10, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
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. 6345 and was published in the Anaheim Bulletin on the 29th day of
October, 2015.
�/t1L�JI�
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:
October 29, 2015
"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: October 29, 2015
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
1 1�
PROOF OF PUB ATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
a« ORDINANCE NO. 6345
AN ORDINANCE,OF THE OITY COUNCIL OF THE CITY OF
n n " ANAHEM APPROVING THAT CERTAIN AMENDED AND
r_ RESTATED DEVELOPMENT AGREEMENT NO. 2005-
00008C BY AND BETWEEN THE CITY OF ANAHEIM AND
u �tac� PT METRO, LLC AND AUTHORIZING THE MAYOR TO EXE-
4- CUTE SAID AGREEMENT FOR AND ON BEHALF OF THE
CITY.
Mayor Pro Tem Kringand Council Members Murray; Brandman and
Vanderbilt
; AJWS: None
�/�E��Et11T: ryone
„u,�n
".F GAIN: Mayor Tait
the above summary is a brief description of the subject matter contained in the text of or-
,utljkwce No. 6345, which has. been preparedpursuant 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 copy of the full text of the ordinance, please contact the Office of the City
.CIQrk' (714) 765 5166, between 8:00 AM and.5:00 PM, Monday through Friday. There is no,
ehars for the copy,,
Publish: Anaheim Bulletin October 29, 201510103683