5952ORDINANCE NO. 5952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT
NO. 2004-00002 BY AND BETWEEN THE CITY OF
ANAHEIM AND CREA/NEXUS ANAHEIM CORNERS, LLC,
(ii) MAKING CER"T'AIN FINDINGS RELATED THERETO,
AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY
WHEREAS, Article 2.5 of Chapter 4 of Division I of Title 7 of the Government
Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract
which is called a development agreement in order to establish with certainty what regulations
vgill govern the construction of a development, and
WHEREAS. the City of Anaheim (hereinafter the "City"), as a charter city,
heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23,
1982. making the City, subject to the Statute: and
WHEREAS. pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23. 1982, adopted Resolution No. 82R-565 (hereinafter "Procedures
Resolution") establishing procedures and requirements for consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, on May 25. 2004. the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of
.Anaheim ("General Plan Amendment"'), and certified Final Environmental Impact Report No.
30. adopting Findings of Fact and a Statement of Overriding Considerations, and associated
Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and
approval of the General Plan Amendment. amendment of the City's zoning code, and a series of
related actions, and
WHEREAS, the General Plan Amendment sets forth a vision for development of
\. Ilycd Uses. Office High_ Office Low. Industrial and Institutional land uses within an
approximately 820 -acre area generally hounded by the Santa Ana River on the east, the Anaheim
City limits on the south. the Santa Ana Frecvvav (Interstate 5) on the west, and the Southern
California Edison Company Easement on the north ("The Platinum Triangle"); and
WI-IEREAS, in order to carry out the goals and policies of the General Plan for
The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177,
approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The
Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for
The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim
Vunicipal Code, on August 24. 2004. the City Council adopted Ordinance No. 5378 amending
Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the
Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and
Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and
scyenty-five acres within "The Platinum Triangle into the PTMU Overlay Zone as depicted in The
Platinum Triangle Master Land t Ise Plan to provide opportunities for high quality well-designed
dcyclopment projects that could be stand-alone projects or combine residential with non-
residential uses including office, retail. business services, personal services, public spaces and
uses. and other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all
development in the Katella. Gene Autry and Gateway Districts of the PTMU Overlay Zone,
except as otherwise exempt under the Code; and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-
179, approving the form of the Standard Development Agreement for The Platinum Triangle
P 1'MU Overlay /one: and
WHEREAS, in connection with adoption of The Platinum Triangle Master Land
Use Plan. the PTMU Overlay Zone, and the form of the Standard Development Agreement for
]'he Platinum Triangle. the City Council by motion, as lead agency for the proposed actions,
determined that F EIR No. 330 and the associated Updated and Modified Mitigation Monitoring
Program No. 106 for The Platinum Triangle. were in compliance with CEQA and the state and
Cite ('EQA guidelines and were adequate to serve as the required environmental documentation
IOr said actions based upon findings set forth in said motion, and
WHEREAS, on October 4, 2004, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
,l(Yreement Law"), CREA/Nexus Anaheim Corners. L.I_.C. (hereinafter "Applicant"), submitted
an application to the Planning Department for approval of Development Agreement No. 2004-
00002 (hereinafter the "Application""). which included a proposed development agreement
(hercinafter the "Development Agreement") prepared in conformance with the Standard
Development Agreement for The Platinum Triangle to vest certain project entitlements and
address the implementation of the Stadium Lofts - Anaheim project. and
WHEREAS, the Development Agreement pertains to approximately 6,284 acres
ot' real property in the City of Anaheim, owned in fee by the Applicant, commonly known as
1801 East Katella Avenue (hereinafter the "Property"), which is located in The Platinum
Triangle and zoned P"TMt_I Overlay (Katella District), and more particularly shown and
described on Exhibit "A" xNhich is attached hereto and incorporated herein by this reference; and
WHEREAS. Applicant desires to develop the Property in accordance with the
prov inions of the Development Agreement by developing a mixed use project consisting of 390
apartments_ 2,820 square feet of retail, 7,839 square fcet of restaurant, 6,297 square feet of
cluhhouse/leasing and an 84S space parking structure, as more particularly set forth in Final Site
Plan No. 2004-00005 and Conditional Use Permit No. 2004-04906 (hereinafter collectively
referred to as the "Project"): and
WHEREAS. on October 14. 2004, the Planning Director approved Final Site Plan
No. 2004-00005 to provide for the development of the Stadium Lofts — Anaheim project,
contingent upon the approval of Conditional Use Permit No. 2004-04906 and Development
-\grccment No. 2004-00002 by the Planning Commission and City Council; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 15. 2004, at 2:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development
agreement and Conditional Use Permit No. 2004-04906 and to investigate and make findings
III -id recommendations in connection therewith: and
WHEREAS, the Planning Commission, by its Resolution No. PC2004-141, which
is incorporated herein by this reference., made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2004-00002 and that the
.-lgrecment meets the criteria set forth in the Procedures Resolution and recommended to the City
Council the approval of the Development Agreement, and
WHEREAS, the City Council did hold a public hearing upon the Development
\greement. notice of said public hearing having been duly given as required by law; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
\ct rCEQA'), the City Council. as lead agency for the Proposed Development Agreement, by
motion, did find and determine, based upon its independent review and consideration of an Initial
studv conducted pursuant to CEQA for Development Agreement No.. 2004-00002 and
Conditional Use Permit No. 2004-04906, and the requirements of CEQA, including Section
21 166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and
the cN idence received at the public hearing, that FEIR No. 330 previously certified by the City
Council for the Amended General Plan and related projects, together with the Updated and
Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated
Negative Declaration for the Development Agreement and the Proposed Project, together with
Mitigation Monitoring Program No. 125 are adequate to serve as the required environmental
documentation for the Proposed Development Agreement and Conditional Use Permit and
>�ttist'\ all of the requirements of CEQA. and that no further environmental documentation need
be prepared for this Proposed Development Agreement or Conditional Use Permit.
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
I•equirements of the Procedures Resolution to enter into the Development Agreement by showing
that. upon completion. the Project will result in the construction of 390 apartments, 2,820 square
Leet of retail. 7,839 square teet of restaurant, 6.297 square feet of clubhouse/leasing and an 845
space parking structure: and
WHEREAS, the City Council of the City of Anaheim, 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
illc: Planning Commission meeting and Planning Commission Resolution No. PC2004-141 ,
does hnd upon review of the land use aspects of the Development Agreement:
1. That the Project is consistent with the Citys existing 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.
2. That the Project is compatible with the uses authorized in and the regulations
prescribed for the applicable zoning district in that the Project is in compliance
with the PTMU Overlay Zone requirements as set forth in Final Site Plan No.
2004-00005. which has been approved by the Planning Director, and Conditional
Use Permit No. 2004-04906, which has been approved by the City Council
pursuant to Resolution No. 2004-232, following recommendation for approval by
the Planning Commission pursuant to Resolution No. PC2004-140 .
3. That the 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 I ise Plan and the PTMU Overlay Zone requirements, and.
4. That the Project is not otherwise detrimental to the health and safety of the
citizens of the City of Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the
City's police power and authority under the Statute, the Enabling Ordinance and
the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance
with its charter powers and the requirements of Section 65867 of the Statute, the
Enabling Ordinance and the Procedures Resolution.
NOW, TURFTORE. THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SFCTION 1
That Development Agreement No. 2004-00002 be, and the same is hereby,
approN ed.
"FUTION
That the Mayor be, and is hereby. authorized to execute said Development
Agreement for and on behalf of the Cit,,-.
THE FOREGOING ORDINANCE was introduced at a regular meeting of
the City Council of the City of Anaheim held on the 16`x' day of November, 2004, and thereafter
passed and adopted at a regular meeting of said City Council held on the 7th day of December
by the following roll call vote-
AYI.S:Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez
NUE I-,-. None
AEISENT: None
ABS ERIN: None
MA R OF THE CI O NAHEIM
A 1'TEST:
ee
CITY CLEWOF THE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I ant 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:
December 16, 2004
"I certifv (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: December 16, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
�e,
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Paste Clipping of
Notice
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SECURELY
In This Space
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ORDW M 1w 8W
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF App 1! NT AOR ME NO.
2004-00002 9Y AND BETWEEN THE CiTY OF ANAHEIM AND
CAEND
TAUN FI INQS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE Ap C AIT R -
ON BEtWNILLF OF THE CITY
WHEREAS, Article 2.5 of Chapbr 4 of DMejon t of Tors 7 of the Government Codi of the Stalls of Caf n" {hereinafter
SWtuta authorrzes a to onM1r W altled a davWrrpmirit agteament In order to estahWdr with oer-
eimy ng s wNl t � o►• avdopns and
` WH k�`.tp bi gts a
c r `�zhabnrq Otdhwhoa brr trfov�ttber :And
ry�#qqto ° Ordinance No. 4677
WH ted r; '8laluta, the to aid ,=-
El w 4=10A v upon recoi of
duce eP a1W �r titlenel Largs wYN 1s1(MtMt 6 "+•ea - r,wvr. Ww. RE
L! inhe east, She Anaheim City Amts ot►ttha aoadh� °^nia E&W Easement on fhe north (t PBowm T Qh: and thelam1MMEF IS, Rr or r to carry out the goals and POYt is of the r for The Tri' on 17,
the City Aasolutlon No. 2tX14 177, Wprorinp TM aYnum Tdangts��� LarxTCe Win ung
WN ,10 furtiaer implentlraE *0 aad1 rON The Platimim Uangpla; � poW- of the Generd Plan for The T and pumueht to
thenee No,
of AnduYn MuCala,* Lha 4:ouriall adopts
the 1'I end sttindaaW for
y — thaw Zlhta 7wWttnON�um . ..,
\ www
w In m T tar+d egrr tq pr0Wde tlp0016A itlsa yydgy
f MaiW ba ar mambNae radaMrrsfd vrOh 11is. h►
asrvbss, p«+ w serviose, pub arW uses, ails other cceearn„rity tunstt)Wia within
�\
A E .. Mss P s!Z Plan ww in ft of
`.,.`�.. he DwrtatrZtsata urlrlsrall and
Aso. 2004-179,
YMNE T apP►aMag tl1sfarm of the Standard
the Corm tAsl
Ito pas PTMU :Time, and
n
for
the
U No. 336, YW NO,
,
,
ae sae '" Wlkt; ftlr a.' sat '
view iisld` to�
the
b the the arfp fRiMa tlon . ( atifAaa0lad an � 110 1 Ft
Lic.
\ No. the j .� ear it iiR
` �aVile ( •� tYW itidtlae ;.. rierr-
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ed btThe
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to
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Site an and use )9ia MOW fin" as the
14, ate– ac!I1411 11 lillillillil
st tw
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341
o -
w1
d WI*in lbrsrrvit and W Iran aoe n .� sad repommen-
fbs PAwkdpn No,ut htwtlrr #sir 7004
tlsnM� a�hro9adta
ti L tq fibs 'MY
b and ,a t heydng upda the 0WOopment AppAlOgMM hallos od said pasite hearing
f ,mejawd
� an
J the + 401, 11tth ear
to
`sMA�t+ at tAle a+t. .. 1xN,eharritrree ee yHe-
n+a114 . pf
° 2 dd rWsri T,836 erfaase .. �Plws h1110 r� In .;
an s aquaro teat and
Bast�r of Aasheim, alir due Inthe
Wm+ssppsdi d eA1r n iW in
tMlwreakofialbYeWisporaeOeMtba araiager
at Nae PisnnYil4 rn�a6ryg ' C;an,
saw d_i �¢��f!, . /af?!al�iwralaQtrtsart r.
Geneerfl Plan. •�p�at 4 w� F--- oy.um.s mF 11"'rWI MUM as eat totth in the
at
d~in tlM� in h thus kt flMihRiM IbsKAla1 Oho
tOhsiasYi t ydy #»
vihkst ,1LY �p
fores 3" _ ►' tit tit Nh 4llhtlt Y.W 4h can
and.Aw
to tm#lh and The t'fatlraan Tei 11Arsle► Ilshd DSIr�i and imet><a;
s.�r,at GlaafAp a tl i ' t�twinttsakftef mMa 01 e cftp o"' Wo to rde
der t1r i polies` cubs wthgrkyr un-
*
ZZM
and in � it a ita dww poltwi and the re-
gwrasnants 9aofkrrh 88ai1 she
NT THE tJf7Y TWECl7DES
� pmaM Atireament No. 2004-60002 be, and the same Is hereby, approved.
That the M*ia be, and k haroby, wNworized to mmuke add Dm**m d Agreement to and on bOW of the City.
THE fORjlWOWG ORD*#"CE ores lraooxod at a raguWr =01 90 City, d ttu of Anaftelm held on
the 186 d Nwambw 2n04, wW the w*w passed grid a n�uMv iii add+ 1Y hdd as the
7th day o: ' by t�1e f°Ilnvrkhg"rpt call VOW:
AYES: Miiyor Pnnte, Council Members MaCrs°kan, Tait, Chaim, Hw wWaz
NOES: Nine
ABSENT: None
ABSTAIN: None
ATTE.$Tr t` ,_
P17tK .AD �iMileWm Badu Depfiltlat '--'A.MR