6379ORDINANCE NO. 6 3 7 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT NO. 2016-00003 BY
AND BETWEEN THE CITY OF ANAHEIM AND
SAGECREST, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR AND
ON BEHALF OF THE CITY.
(DEVELOPMENT AGREEMENT NO. 2016-00003)
(DEV2015-00101)
WHEREAS, pursuant to the authority set forth in Section 65867 of the California
Government Code and the general authority set forth in Section 65864 et seq. of the California
Government Code (the "Development Agreement Act"), the City's inherent power as a charter
city, and the Development Agreement Act implementing procedures adopted by the City Council
on November 23, 1982 in Resolution No. 82R-565 (the "Procedures Resolution"), the City of
Anaheim received a verified petition from Sagecrest, LLC, a California limited liability company
(the "Developer"), requesting that the City consider and approve a Development Agreement in
the form of Development Agreement No. 2016-00003 in conjunction with the Developer's
application for the following additional entitlements, which, together with Development
Agreement No. 2016-00003, are intended to permit the demolition of the existing buildings and
tennis courts on that certain real property located at 415 South Anaheim Hills Road in the City of
Anaheim, County of Orange, State of California and generally depicted on the map attached
hereto as Exhibit A, and the development of a 60 -unit attached, single-family residential
townhome project (the "Project"):
(1) General Plan Amendment No. 2015-00505;
(2) Reclassification No. 2015-00284;
(3) Conditional Use Permit No. 2015-05832; and
(4) Tentative Tract Map No. 17959.
WHEREAS, General Plan Amendment No. 2015-00505, Reclassification No. 2015-
00284, Conditional Use Permit No. 2016-05832, Tentative Tract Map No. 17959, Development
Agreement No. 2016-00003 and the Project shall be referred to herein collectively as the
"Proposed Project"; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Enviromnental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures
that are specific to the Proposed Project (herein referred to as "MMP No. 333"). A complete
copy of MMP No. 333 is on file and can be viewed in the Planning Services Division of the City;
and
WHEREAS, on June 13, 2016, the Planning Commission did hold a public hearing,
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 the Mitigated Negative Declaration and for and
against the Proposed Entitlements and the Project and to investigate and make findings in
connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this Planning Commission found and determined
and recommended that the City Council also find and determine that the Proposed Project will
have a less than significant impact upon the environment with the implementation of the
conditions of approval and the mitigation measures attached to that concurrent Resolution and
contained in MMP No. 333 and that the City Council approve and adopt the Mitigated Negative
Declaration and MMP No. 333; and
WHEREAS, by the adoption of its Resolution No. PC2015-055 on June 13, 2016, the
Planning Commission recommended that the City Council approve proposed Development
Agreement No. 2016-00003, contingent upon and subject to: (1) the adoption by the City
Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00505,
(ii) an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the
Property to the "RM -1" Multiple -Family Residential Zone under Reclassification No. 2015-
00284, and (iii) a resolution approving Conditional Use Permit No. 2015-05832, (iv) the
adoption by the City Council of a resolution approving Tentative Tract Map No. 17959; (2) the
mitigation measures set forth in MMP No. 333; and (3) the conditions of approval set forth in
Exhibit B attached to Resolution No. PC2015-055; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2016-050,
PC2016-051, PC2016-052, PC2016-053, PC2016-054 and PC2016-055, a summary of evidence
and 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 the Proposed Project and for the purpose of considering
2
evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the Proposed
Project, and did give notice thereof in the manner and as provided by law; and
WHEREAS, on July 12, 2016, the City Council did conduct a public hearing to hear and
consider evidence for and against the Mitigated Negative Declaration, MMP No. 333 and the
Proposed Project and to investigate and make findings in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this City Council found and determined, among
other things, that the Proposed Project will have a less than significant impact upon the
environment with the implementation of the conditions of approval and the mitigation measures
attached to that concurrent Resolution and contained in MMP No. 333 and, accordingly,
approved and adopted the Mitigated Negative Declaration and MMP No. 333; and
WHEREAS, at said public hearing, this City Council, after due consideration, inspection,
investigation and study made by itself and in its behalf, and after due consideration of the
recommendations of the Planning Commission and all evidence and reports offered at said
hearing does hereby find and determine the following facts with respect to Development
Agreement No. 2016-00003:
1. The Proposed Project is consistent with the General Plan and with the
goals, policies, programs and objectives specified in the General Plan;
2. The Proposed Project is compatible with the uses authorized in, and the
regulations prescribed for, the applicable zoning district(s) in which the Project is
and will be located;
3. The Proposed Project is compatible with the orderly development of
property in the surrounding area;
4. The Proposed Project is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim; and
5. The proposed Development Agreement No. 2016-00003, 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, the requirements
of the Development Agreement Act and the Procedures Resolution.
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
cFCTrON 1
That Development Agreement No. 2016-00003 by and between the City of Anaheim and
Sagecrest, LLC, a California limited liability company, 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.
2016-00003 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 12th day of July , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 2 6 th day of
July , 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
CITY OF ANAHEIM
By:
48�e—
#fM7OR OF THE CITYOEIM
PRO TEM
0
EXHIBIT "A"
DEV NO. 2015-00101
1 __..�l�
_MINE
o soioc Source: Recorded Tract Maps and/or City GIS.
ry Please note the accuracy is +/- two to five feet.
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. 6379 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, Brandman and
Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 26h day of July, 2016.
, 15\C4CITY CLERK OF THE CIT OF ANAHEIM
- (SEAL)
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. 6379 and was published in the Anaheim Bulletin on the 4th day of August,
2016.
CITY CLERK OF THE CITY OF ANAVIEW
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 PUBLIC
has been adjudged to be a newspaper of general
CITY OF ANAHEIM
ORDINANCE NO.6379
circulation by the Superior Court of the County AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
of Orange, State of California, on December 28, DEVELOPMENT AGREEMENT NO.2o16-000x3 BY
AND BETWEEN THE CITY OF ANAHEIM AND
SAGECREST,LLC,A CALIFORNIA LIMITED
1951, Case No. A-21021 in and for the City of LIABILITY IZING THE
MAYOR TO EXECU COMPANYE SAAND DEHALFAUTHOF TOR AND
ON BEHALF OF THE CITY.
Anaheim, County of Orange, State of California; Thio ordinance-approves that certain Development Agreement No.2016-00003(herein re-
ferred SYt
to as' e;'Development Agreement")by_and between the City of Anaheim and
that the notice, of which the annexed is a true
Sagecrest,LLC,-aCalifornia limited liability company(the"Developer"). The Development I
Agreement,together with certain other entitlements approved by the City Council,provides
for the development of the "Project" (defined below) and certain vested development
printed copy, has been published in each regular
rights in connection therewith. The Project consists of the demolition of the existing build-
ings and tennis courts on that certain real property located at 415 South Anaheim Hills
Road in the City of Anaheim,County of Orange,State of California and the development of
and entire issue of said newspaper and not in any a 60-unit attached,single-family residential townhome project.
I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a
supplement thereof on the following dates, to summary of Ordinance No.6379,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 was duly passed
and adopted at a regular meeting of said Council on the 26th day of July,2016 by the fol-
wit: lowing roll call vote of the members thereof:
AYES: Mayor Pro Tern Kring and Council Members Murray,Brandman and Vanderbilt
August 4,2016 NOES: None
"I certify (or declare) under the penalty of ABSENT: Mayor Tait
ABSTAIN:None
perjury under the laws of the State of California The above summary is a brief description of the subject matter contained in the text of Or-
dinance No.6379,which has been prepared pursuant to Section 512 of the Charter of the
that the foregoing is true and correct": City of Anaheim. This summary does not include or describe every provision of the ordi-
nance
g g 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
Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no
Executed at Santa Ana, Orange County, charge for the copy.
California,on Publish:Anaheim Bulletin August 4,2016 10185663
Date: August 4,2016
Signature
Anaheim Bulletin
625 N.Grand Ave.
Santa Ana,CA 92701
(714)796-2209