Loading...
5985ORDINANCE NO. 5985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00005 BY AND BETWEEN THE CITY OF ANAHEIM AND INTEGRAL COMMUNITIES II, INC., (ii) MAKING CERTAIN 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 1 of Title 7 (commencing with Section 65864) 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 estahlish with certainty what regulations will 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 the "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. 330, 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 Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS. 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 Municipal 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 seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development 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 PTMU Overlay Zone; 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 The Platinum Triangle, the City Council by motion, as lead agency for the proposed actions, determined that FEIR 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 City CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Integral Communities II, Inc., (hereinafter "Owner"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00005 (hereinafter the "Application"), which included a proposed development agreement (hereinafter 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 Platinum Centre Condominium Project; and WHEREAS, the Development Agreement pertains to approximately 3.1 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1818 South State College Boulevard (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit "A", which is attached hereto and incorporated herein by this reference; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a multiple family residential project consisting of 265 residential dwelling units, as more particularly set forth in Final Site Plan No. 2 2005-00005 and Tentative Tract Map No. TTM 16825 (hereinafter collectively referred to as the "Project"); and WHEREAS, on May 26, 2005, the Planning Director approved Final Site Plan No. 2005-00005 to provide for the development of the Platinum Centre Condominium Project, contingent upon the approval of Tentative Tract Map No. TTM 16825 and Development Agreement Nos. 2005-0005; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2005, 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, Conditional Use Permit No. 2005-04975 and Tentative Tract Map No. TTM 16825 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, thereafter, on June 2, 2005, the Planning Commission did approve Conditional Use Permit No. 2005-04975 and Tentative Tract Map No. TTM 16825; and WHEREAS, the Planning Commission, by its Resolution No. PC2005-84, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00005 and that the Agreement 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 Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for the Development Agreement, by motion, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement No. 2005-00005, and the requirements of CEQA, including Section 21 166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the General Plan Amendment 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 Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 129, are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 265 residential dwelling units; and 3 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 the Planning Commission meeting and Planning Commission Resolution No. PC2005-84, does find upon review of the land use aspects of the Development Agreement: l . That the Project is consistent with the City's 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. 2005-00005, which has been approved by the Planning Director, and Tentative Tract Map No. TTM 16825, which was approved by the Planning Commission on June 2, 2005. 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 Use Plan and the PTMU Overlay Zone requirements. 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 2005-00005 be, and the same is hereby, approved. 4 SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement 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 26th day of July , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on 16tway of August by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez &.Sidhu NOES: Council Members Chavez & Galloway ABSENT: None ABSTAIN: None ATTEST: .1 t CI Y CLERK F T E CITY OF ANAHEIM 58688.v 1/mgordon/07.08.05 5 /'j -j - 00 MAYOR OF TH OF ANAHEIM EXHIBIT A LEGAL DESCRIPTION PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA: PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 5 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BLVD.) SAID POINT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED LAND: THOSE. PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BOULEVARD), SAID POINT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08'00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08'00" WEST 216.11 FEET TO THE NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1, 1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT' S LAND AND THE WESTERLY PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71. PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE CENTER OF SAID PLACENTA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF 154 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTA AVENUE, SHOWN AS A 60.00 -FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST. APN: 232-021-07, 232-021-10 and 231-021-11. 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: August 25, 2005 "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 August 25, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION EIM BULL e i 1N THE ORANGE COUNTY 1itEGISTER Thursday, August 25, 2005 ORDINANCE NO. 5985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00005 BY AND BETWEEN THE CITY OF ANAHEIM AND INTEGR COMMUNITIES II, INC., (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (m) 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 (hereinafter "Statute") authorizes a city to enter into a contract called a development agreement in order to establish with certainty what regulations will 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 Is; 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 the "Procedures Resolution") establishing p lures 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 Amendm nd certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction w 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 Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally br �d by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana. Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Pla riangle"); and WHEREAS, 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 er 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 Municipal Code, on Augu '004, 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 Zan PTMU Overlay Zone") and Ordinance No. 5936 amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay 2Zone as depic -he Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses incl 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, i \utry 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 PTMU Overlay Zone; 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 The Platinum Triangle, the City ;it by motion, as lead agency for the proposed actions, determined that FOR No. 330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in comp vith CEQA and the State and City CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Integral Con' es Il, Inc., (hereinafter "Owner"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00005 (hereinafter the "Application"), which included a proposed de rent agreement (hereinafter the "Development Agreement') prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the nentation of the Platinum Centre Condominium Project; and WHEREAS, the Development Agreement pertains to approximate[y 3.1 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1818 South State College Boulevard (here he "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit "A", which is attached hereto and incorporated her his reference; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a multiple family residential project consisting of 265 residential rg units, as more particularly set forth in Final Site Plan No. 2005-00005 and Tentative Tract Map No. TTM 16825 (hereinafter collectively referred to as the "Project"); and WHEREAS, on May 26, 2005, the Planning Director approved Final Site Plan No. 2005-00005 to provide for the development of the Platinum Centre Condominium Project, contingent upon the approval 01 Ive Tract Map No. TTM 16825 and Development Agreement Nos. 2005-00005; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2005, at 2:00 p:m., notice of said public hearing having been duly Cg. as requi aw 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, Conditional Use Permit C. 2005-0491 tentative Tract Map No. TTM 16825 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, thereafter, on June 2, 2005, the Planning Commission did approve Conditional Use Permit No. 2005-04975 and Tentative Tract Map No. TTM 16825; and WHEREAS, the Planning Commission, by its Resolution No. PC2005-84, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility a enter into De rent Agreement No. 2005-00005 and that the Agreement 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 Agreement, notice of said public hearing having been duly given as require y law; and WHEREAS, pursuant to the provisions of the California Environmental QualityAct ("CEQA"), the City Council, as lead agency for the Development Agreement, by motion, did find and determine, based u ndependent review and consideration of an Initial Study conducted pursuant to EQA for Development Agreement No. 2005-00005, and the requirements of CEQA, including Section 21166 of the California Put sources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the General Plan Amendment and relate acts, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Propose act, together with Mitigation Monitoring Program No. 129, are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and 1 vrther environmental documentation need be prepared for this Development Agreement. WHEREAS, the Applicant has. demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, th =.ct will result in the construction of 265 residential dwelling units; and WHEREAS, the City Council of the City of Anaheim, ager 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 reps 'd Planning Commission Resolution No. PC2005-84, does find upon review of the land use aspects of the Develc ered at said hearing, including the evidence presented at the Planning Commission meeting an 4greement: 1. That the Project is consistent with the City s 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 num Triangle as set forth in the General Plan. 2. That the Project is compatible with the uses authorized in and the regulationsprescribedfor the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements a: forth in Final Site Plan No. 2005-00005, which has been approved by the Planning Director, and Tentative Tract Ma No. TTM 16825, which was approved by the Planning Commission on June 2, 2005. 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 Use Plan and the PI Overlay Zone requirements. 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 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 withits charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Proced Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 2005-00005 be, and the same is hereby, approved. - SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement 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 26th day of July, 2005, and thereafter passed and adopted at a regular me said City Council held on 16th day of August by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu & Hernandez NOES: Council Member Galloway & Chavez ABSENT: None ABSTAIN: None ATTEST: SS/Sheryll Schroeder CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A LEGAL DESCRIPTION SS/Mayor Curt I MAYOR OF THE CITY OF AP PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF PORTION LOT 5 OF SAID EASEMENT BEING DESCRIBEAS D SHOWN MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS ED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BLVD.) SAID POINT BEINC FEET SOUTH, (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCI PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71 PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED : THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALII DESCRIBED AS FOLLOWS: 'BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BOULEVARD), SAID POIN 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE NOR GREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 216.11 FEET TO THE NORTHERLY LINE OF SAID LOT 5, BEING POINT IN THE CENTERLINE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ( COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1, 1960 IN BOOK 5400, PAGE EST ALO TOFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE HE WESTERLY PROLONGATION, TO THE CENTERLINE OF SOUTH ATE COLLEGE BOULEVARD; DST E THENCE NORTH ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OTOT EF; THENCE yTRUE POINT OF BEGINNING. NG THE SOUTH NE OF SAID JEWETT'S LA EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60 -FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71. PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WE BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE CENTER OF SAID PLACENTA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF LOT 5 TRACT P DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DI OF 154 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTI �ffNFi'91ttT#NM'P'<�11N\ WN AS A 60.06F00T STREET ON SAID MAP, ADJOINING SAID LOT 5 ON APN: 232-021-07, 232-021 T' fE WEST. -10 an 1-021-11.