6005ORDINANCE NO.. 6005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT
NO. 2005-00008 BY AND BETWEEN THE CITY OF
ANAHEIM AND LENNAR PLATINUM TRIANGLE LLC AND
SELLERS, (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 l 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
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 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 August 22, 2005, the Planning Commission recommended that
the City Council certify Final Subsequent Environmental Impact Report No. 332 including
adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and
Updated and Modified Mitigation Monitoring Program No. 106A, as revised to add mitigation
measure MM 5.10-7, and an addendum to FSEIR No. 332; and approve a modification to the
Standard Development Agreement (MIS2005-00114) to reflect mitigation measure requirements
set forth in the Updated and Modified Mitigation Monitoring Program No. 106A and editorial
refinements and updated fees; and
WHEREAS, on August 22, 2005, the Planning Commission recommended that
the City Council approve Amendment to the Platinum Triangle Master Land Use Plan
(MIS2004-00089) and Zoning Code Amendment (ZCA2004-00036) to provide for a Master Site
Plan and related Development Agreement process for properties over 12 acres in size in order to
encourage consolidation of parcels and provide for comprehensive site planning and to add
210,100 square feet of commercial intensity of which 190,100 square feet would be designated
for ground floor commercial uses on Market Street and Gene Autry Way; and
2
WHEREAS, on June 7, 2005, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
Agreement Law"), Lennar Platinum Triangle, LLC, and Don H. Watson, trustee of the Don H.
Watson Family Trust; Julius Realty Corporation, a New Jersey corporation; Traffic Control
Services, Inc., a California corporation; Joselito D. Ong and Renee Dee Ong, each an individual;
Roger Treichler, an individual; Robert Stovall Family Partnership, L.P, a limited partnership; and
Jennifer A. Barnette, an individual, dba Southland Medical Corporation; Jau-Song Jan and Twu
Chun -Lan Jan as Co -Trustees of the Jau-Song and Twu Chun -Lan Jan 1998 Family Trust, as
community property; Keng Tong Taing and Sing Lor Taing, Trustees of the Taing Family Trust
dated May 21, 2001; Carson Estate Trust, a Maryland Real Estate Investment Trust; State
College Partners, a California general partnership; Amin A. Lakhani and Hasina A. Lakhani, as
husband and wife as joint tenants; BG Group, General Partnership, a general partnership; and
R&R Equipment Co., L.P., a California limited partnership (hereinafter referred to collectively
as "Applicant"), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00008 (the "Application"), which included a proposed
development agreement (hereinafter referred to as the "Development Agreement") prepared in
conformance with the Standard Development Agreement for The Platinum Triangle, as proposed
for amendment pursuant to MIS2005-00114, to vest certain project entitlements and address the
implementation of the A -Town Project; and
WHEREAS, The Development Agreement includes a Master Final Site Plan as
Exhibit B of said Agreement under authority of Anaheim Municipal Code Section 18.20.170
(Implementation), as proposed for amendment pursuant to ZCA2005-00042; and
WHEREAS, the Development Agreement pertains to approximately 41.4 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as Site 1: 1200-
1558, 1700 and 1800 E. Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871,
1880, 1881, 1890, 1891 and 1900 and 1901 S. Chris Lane, 1833 and 1841 S. State College
Boulevard, and 1800 and 1801 East Talbot Way; and Site 2: 1870, 1871, 1880, 1881, 1890,
1891, 1900, 1901 and 1910 Betmor Lane and 1100 E. Katella Avenue (hereinafter the
"Property"), as more particularly described in Exhibit "A" 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, including the Master Final Site Plan by developing a
residential community with a mix of housing types, including up high rise residential towers,
street townhomes, podium townhomes, and lofts and street -related commercial development, as
more particularly set forth in Development Agreement No. 2005-00008, General Plan
Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-
00111 and 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit
No. 2005-04999, (hereinafter collectively referred to as the "Project"); and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 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
I
Development Agreement, General Plan Amendment No. 2005-00434, Reclassification No. 2005-
00164, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code Amendment No.
2005-00042 and Conditional Use Permit No. 2005-04999 (hereinafter referred to as the
"Discretionary Actions") and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the Planning Commission, by its Resolution No. PC2005-132, which
is incorporated herein by this reference, made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2005-00008 and that the
Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City
Council the approval of said 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 and said
Discretionary Actions, by its motion, did find and determine, based upon its independent review
and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement
No. 2005-00008 and said Discretionary Actions, and the requirements of CEQA, including
Section 21166 of the California Public Resources Code and Section 15162 of the CEQA
Guidelines, and the evidence received at the public hearing, that Final Subsequent Environmental
Impact Report No. 332 (`FSEIR No. 332"), together with Statement of Findings of Fact and
Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring
Program No. 106A, as revised to add mitigation measure MM 5.10-7, and an addendum to
FSEIR No. 332, together with Mitigation Monitoring Plan No. 138, are adequate to serve as the
required environmental documentation for the Proposed Development Agreement and said
Discretionary Actions and satisfy all of the requirements of CEQA, and that no further
environmental documentation need be prepared for this Development Agreement and the
Discretionary Actions; and
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 2,681 residential dwelling
units and 150,000 square feet of commercial and restaurant uses within a period of not more than
twenty (20) years with five (5) year project milestones; 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
the Planning Commission meeting and Planning Commission Resolution No. PC2005-132, does
find upon review of the land use aspects of the Development Agreement:
That the Project is consistent with the City's General Plan as amended by General
Plan Amendment No. 2005-00434 to redesignate Site 2 for Mixed -Use land uses
in that it is in conformance with the General Plan Mixed Use land use designation
4
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 General Plan
Amendment No. 2005-00434, Development Agreement No. 2005-00008,
Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 and
2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use
Permit No. 2005-04999.
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 as
amended by Miscellaneous Case No. 2005-00111 to incorporate Site 2 into the
Platinum Triangle Master Land Use Plan and Zoning Code Amendment No.
2005-00042 to allow for educational institutions and condominium hotels subject
to approval of a conditional use permit and modification to the minimum
dimensions of balconies for high rise residential towers.
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:
approved.
SECTION 1.
That Development Agreement No. 2005-00008 be, and the same is hereby,
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 95th day of pctober 2005, and
thereafter passed and adopted at a regular meeting of said City Council held on the 8th day
of November , 2005, by the following roll call vote:
AYES: Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: Mayor Pringle
CITY OF ANAHEIM
_.. By ^' s
MAYOR OF TA CITY OF -ANA IM
Mayor Pro Tem
ATTEST:
J44".le't
CITY CL&K O THE CITY OF ANAHEIM
59341. v 1 /mgordon/09.19.05
6
EXHIBIT "A"
Parcel 1 in the City of Anaheim, County of Orange, State of California as shown on a map filed
in Book 81, Page 32 of Parcel Maps, together with Parcels 2 through 9, inclusive, of Block A, a
portion of Parcel 1 in Block B, and Parcels 1 through 9, inclusive, of Block C, as shown on a
map filed in Book 104, Page 12 of Parcel Maps, all in the Office of the County Recorder of said
county, together with a portion of the east half of the northwest quarter of the northeast quarter of
Section 26, Township 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as
shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county,
together with Parcels 3 and 4, as shown on a map filed in Book 45, Page 13 of said Parcel Maps,
together with Parcels 1 through 4, inclusive, as shown on a map filed in Book 47, Page 28 of said
Parcel Maps, in the office of said County Recorder, described as follows:
Beginning at the southeast corner of Parcel 1 of said Parcel Map filed in Book 47, Page 28;
thence westerly along the southerly boundary of said Parcel Map North 89°04'31 " West 601.91
feet to the easterly boundary of said Parcel Map filed in Book 104, Page 12; thence southerly
along said easterly boundary South 0°11'09" West 406.19 feet to the southeast corner of Parcel 9
of Block C of said Parcel Map; thence westerly along the southerly line of said Parcel 9 North
89°09'30" West 217.47 feet to the easterly right of way of a 64.00 foot wide street shown on said
Parcel Map as Chris Lane; thence perpendicular from said right of way North 89°06'22" West
32.00 feet to the centerline of said Chris Lane; thence southerly along said centerline South
0°53'38" West 207.63 feet to the easterly prolongation of the northerly right of way of a 45.00
foot wide street shown on said Parcel Map as Pacifico Avenue, currently known as Gene Autry
Lane; thence westerly along said prolongation and right of way North 89°07'53" West 395.35
feet and North 89°05'58" West 88.59 feet to the right of way to the State of California as
described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official
Records of said county; thence along said right of way the following courses: North 0°54'02"
East 8.00 feet, North 260 10'26" West 29.42 feet, North 89'25'56" West 2.44 feet, North
0°51'42" East 13.12 feet, North 89013'18" West 53.87 feet, South 51 °57'39" West 40.48 feet,
North 79009'17" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01
feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said
curve North 89°07'57" West 23.50 feet, North 45032'32" West 37.74 feet to the easterly right of
way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40"
West 32.00 feet to said centerline of said Betmor Lane; thence leaving said State of California
right of way along said centerline North 0°58'00" East 140.55 feet to a line which is
perpendicular to said centerline and runs through the southeast corner of Parcel 2 of Block A of
said Parcel Map; thence North 89°02'00" West 32.00 feet to the southeast corner of said Parcel
2; thence westerly along the southerly line of said Parcel 2 North 89006'54" West 224.70 feet to
the westerly line of said Parcel Map, said line being the westerly line of said east half; thence
northerly along said westerly line North 0°24'01" West 1067.39 feet to the centerline of a 120.00
foot wide street shown as Katella Avenue on said Parcel Map filed in Book 81, Page 32 said
centerline being the north line of said Section 26; thence easterly along said centerline South
89°07'46" East 300.07 feet to a line which is parallel with and 300.00 feet easterly of westerly
line of said northeast quarter; thence along said parallel line South 0°24'01" East 60.01 feet to the
southerly right of way of said 120.00 foot wide street and the northwesterly corner of said Parcel
Map filed in Book 81, Page 32; thence along said right of way South 89°07'46" East 1319.53
7
feet to the northwesterly corner of Parcel 2 of said Parcel Map filed in Book 45, Page 13; thence
southerly along the westerly boundary of said Parcel 2 South 0°44'33" West 150.01 feet; thence
continuing along the boundary of said Parcel 2 and the boundary of Parcel 1 of said Parcel Map
South 89°07'46" East 310.06 feet to the right of way of a street having a 53.00 foot westerly half
width shown as State College Boulevard on said Parcel Map; thence along said right of way
South 0'44'33" West 451.80 feet to the Point of Beginning.
Containing an area of 41.687 acres more or less.
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, Countv 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:
November 17, 2005
"1 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: November 17, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
f
This space is for the County Clerk's Fig Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ROVING DEVELOPMENT AGREEMENT NO. 2005-00008 BY AND BETWEEN THE C: TY" O� ANAH1- N1 ANC---...ENNAP ;_= P', M T -'TANGLE LI : AN, ' �t ii. c <.
!ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTI (K G THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEUJW&OF THE `;!'Y
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing an Section 65864) of the Government Code of the State of California (hr ter "Statute") authorizes a city to enter into a contract wh ch is called ., developm,e+ a..+,._
t 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 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 con
ideration 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 Environmentai
Impact Report No. 330, adopting Findings of Fad 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 Or-
dinance No. 5378 amending Title 18 of the Anaheim Municipal Code to establish zontngg and developpment standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU OverlayZone") and Ordinance No. 5936, amending the
zoning map to reclassify approximately three hundred and seventy-five acres within Ttte Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triarngle 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 Moddled Mitigation Monitoring Program No.106 for The Platinum Triangle, were in compliance with CEQA and the State and City CEQA guidelines and were ad-
equate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and
WHEREAS, on August 22, 2005, the Planning Commission recommended that the City Council certify Final Subsequent Environmental Impact Report No. 332 including adoption of a Statement of Findings of Fad, a Statement of Overriding
Considerations and Updated and Modified Mitigation Monitoring Program No. 106A, as revised to add mitigation measure MM 5.10-7, and an addendum to FSEIR No. 332; andapprovea modification to the Standard Development Agreement
(MIS2005-00114) to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A and editorial refinements and updated fees; and
WHEREAS, on August 22, 2005, the Planning Commission recommended that the City Council approve Amendment to the Platinum Triangle Master Land Use Plan (MIS2004-00019) and Zoning Code Amendment (ZCA2004-00036) to provide
for a Master Site Plan and related Development Agreement process for properties over 12 acres in size to order to encourage consolidation of parcels and provide for comprehensive site planning and to add 210,100 square feet of commercial in-
tensity of which 190,100 square feet would be designated for ground floor commercial uses on Market Street and Gene Autry Way; and
WHEREAS, on June 7, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Lennar Platinum Triangle, LLC, and Don H. Watson,
trustee of the Don H. Watson Family Trust; Julius Realty Corporation, a New Jersey corporation; Traffic Control Services, Inc., a California corporation; Joselfto D. Ong and Renes Dee On each an individual; Roger Treichier, an individual; Robert
Stovall Family Partnership, L.P, a limited partnership; and Jennifer A. Barnette, an individual, dba Southland Medical Corporation; Jau-Song Jan and Twu Chun -Lan Jan as Co -Trustees of the JauSong and Twu Chun -tan Jan 1998 Family Trust, as
community property; Keng Tong Talrtp and Sing Lor Taing, Trustees of the Taing Family Trust dated May 21, 2001; Carson Estate Trust, a Maryland Real Estate Investment Trust; State College Partners, a California general partnership; Amin A.
Lakhani and Hasina A. Lakhani, as husband and wffe as joint tenants; BG Group, General Partnership, a general partnership; and R&R Equipment Co., L.P., a California limited partnership (hereinafter referred to coliectrvWy as Applicant"), submit-
ted an application to the Planning Department for approval of Development Agreement No. 2005-00008 (the 'Application'), which included a proposed developmentaaggrreeeement (hereinafter referred to as the 'Development Agreement") prepared
in conformance with the Standard Development Agreement for The Platinum Triangle, as proposed for amendment pursuant to MIS2005-00114, to vest certain project arn8tlements and address the implementation of the A -Town Project; and
WHEREAS, The Development Agreement includes a Master Final Site Plan as Exhibit B of said Agreement under authority of Anaheim Municipal Code Section 18.20.170 (Implementation), as proposed for amendment pursuant to ZCA2005
00042; and
WHEREAS, the Development Agreement pertains to approximately 41.4 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as Site 1: 1200-1558,1700 and 1800 E. Katella Avenue, 1301-1395 and 1551 Gene:
Autry Way, 1870, 1871, 188 1881, 1890, 1891 and 1900 and 1901 S. Chris Lane, 1833 and 1841 S. State College Boulevard, and 1800 and 1801 East Talbot Way; and Sive 2: 1870, 1871, 1880, 1881, 1890, 1891, 1900, 1901 and 1910 Betmor Lane and
1100 E. Katella Avenue (hereinafter the 'Property'), as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the Applicant desires to develop the Propel in accordance with the provisions of the Development Agreement, including the Master Final She Plan by developing a residential community with a mix of housing types, including up
high rise residential towers, street townhomes, podium townhomes, and lofts and street -related commercial development, as more particularly set forth in Development Agreement No. 2005-00008, General Plan Amendment No. 2005-00434. Re-
classification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 and 2005-00116, Zoning Code Amendment No. 2005.00042 and Condkional Use Permit No. 2005-04999, (hereinafter collectively referred a, as the "Project"); and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in ac
cordance with the provisions of fire Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement, General Plan Amendment No. 2005-00434, Reclassifica bon No. 2005-00164, Miscellaneous.
Case Nos. 2005-00111 and 2005-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999 (hereinafter referred to as the "Discretionary Actions") and to investigate and make findings and recommendations +r
connection therewith; and
WHEREAS, the Planning Commission, by its Resolution No. PC2005-132, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement Nc 2005
00008 and that the Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of said Development Agreement; and
WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duty 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 and said Discretionary Actions, by its motion, did find and determine base, c,por
its independent review and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement No. 2005-00008 and said Discretionary Actions, and the requirements of CEQA, including Section 21166 of the California Public
Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that Final Subsequent Environmental Impact Report No. 332 ('FSEIR No. 332"),together with Statement of Findings of Fact and State
ment of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, as revised to add mitigation measure MM 5.10-7, and an addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No 138
are adequate to serve as the required environmental documentation for the Proposed Development Agreement and said Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need t,+:
prepared for this Development Agreement and the Discretionary Actions; and
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 resLR in the
of 2,681 residential dwelling units and 150,000 square feet of commercial and restaurant uses within a period of not more than twenty (20) years with five (5) year project milestones; and
WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and studyy 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 in•; ludi^c
the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2005-132, does find upon review of the land use aspects of the Development Agreement:
1. That the Project is consistent with the City's General Plan as amended by General Plan Amendment No. 2005-00434 to redesignate Site 2 for Mixed -Use land uses in that it is in conformance with the General Plan Mixed Use land use desg
nation 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 Pro'ect is in compliance with the PTMU Overlay Zone requirements aS set forth in General Plan .Amer.!
ment No. 2005-00434, Development Agreement No. 2005-00008, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111 and 200-00116, Zoning Code Amendment No. 2005-00042 and Conditional Use Permit No. 2005-04999
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 aE
amended by Miscellaneous Case No. 2005-00111 to incorporate Site 2 into the Platinum Triangle Master Land Use Plan and Zoning Code Amendment No. 2005-00042 to allow for educational institutions and condominium hotels subject to appro
val of a conditional use permit and modification to the minimum dimensions of balconies for high rise residential towers.
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. 2005-00008 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 25th day of October, 2005, and thereafter passed and adopted at a regular meeting of said City Council held or the
8th day of November, 2005, by the following roll call vote:
AYES: Council Members Sidhu, Hernandez, Galloway, Pringle
NOES: None
ABSENT: None
ABSTAIN: Mayor Pringle
CITY OF ANAHEIM
ATTEST: /s/ Sheryll Schroeder By/s/ Mayor Pro Tem Richard Chavez MAYOR OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT "A"
Parcel 1 in the City of Anaheim, County of Orange, State of California as shown on a map filed in Book 81, Page 32 of Parcel Maps, together with Parcels 2 through 9, inclusive, of Block A, a portion of Parcel 1 in Block B, and Parcels 1 through 9, in
ciusive, of Block C as shown on a map filed in Book 104, Page 12 of Parcel Maps, all in the Office of the County Recorder of said county, together with a portion of the east half of the northwest quarter of the northeast quarter of Section 26, Town
ship 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county, together with Parcels 3 and 4, as shown on a map filed in Book 45. Page
13 of said Parcel Maps, together with Parcels t through 4, inclusive, as shown on a map filed in Book 47, Page 28 of said Parcel Maps, in the office of said County Recorder, described as follows:
at the southeast corner of Parcel 1 of said Parcel Map filed in Book 47, Page 28; thence westerly along the southerly boundary of said Parcel Map North 89°04'31" West 601.91 feet to the easterly boundary of said Parcel Map tiled in.
'age 12; thence southerly along said easterly boundary South 0°11'09" West 406.19 feet to the southeast comer of Parcel 9 of Block C of said Parcel Map; thence westerly along the southerly fine of said Parcel 9 North 89°09'30" West
to the easterrrlIyy rigght of way of a 64.00 foot wide street shown on said Parcel Map as Chris Lane• thence perpendicular from said right of way North 89'06'22* West 32.00 feet to the centedUte of said Chris lane; thence southerly along
line South 053 38 Want 207.63 feet to the easterly prolongation of the northerly right of way R a 45.00 foot vide street shown on said Parcel Map as Pacifico Avenue, currently known as Gene Autry carte; thence westerly along said
n and right of way North x'07'53" West 385.35 feet and North 89°05'58" West 88.59 feet to the right of way to the Stats of California as described in the dead recorded October 5, 1998 as Instrument No. 19980672731 of Official Re -
rid county; thence along said right of way the following courses: North 0°54'02" East 8.00 feet, North 28'1028' West 29.42 feet, North 89'25'56" West 2.44 feet, North 0°51'42" East 13.12 feet, North 89°13'18" West 53.87 feet, South
Vest 40.48 feet, North 78 0917" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89°07'57" West
North 45'32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betrrar Lane and North 89108'40" West 3200 feet to said centerfins of said Eetnror Lane; thence leaving said State of
ght of way along said centerline North 0158'00" East 140.55 feet to a line which is perpendicular to said centerline and runts through the southeast corner of Pard 2 of Block A of said Parcel Map; thence North 09'02'00" West 32.00 feet
heast comer of said Parcel 2; thence westerly along the southe line of said Parcel 2 North 89°06'54' West 224.70 feet to the westerly line of said Parcel Map, said line being the wes<edy line of sold east half; thence northerly along
line Nath 0'24'01" Went 1067.39 feet to the centerline of a 1200 foot wide street shown as Katella Avenue on said Parcel Map filed in Book 81, Page 32 said centedine being the north line of sait�Section 26; thence easterly along
,
South 89'07'46' East 300.07 feet to a line which is parallel with and 300.00 feet easterly of westerly line of said northeast quarte; thence along said parallel line South 0'24'01' East 60.01 feet to the southerly right of way of said
wide street and the northwesterly come of said Parcel Map filed in Book 81, Page 32; thence along said right of way South 89°07'48' East 1319.53 feet to the ncAm
hweaterly corner of Parcel 2 of said Parcel Akre filed in Book 5, Page j
southerly along the westerly bound of said Parcel 2 South 0'44'33" West 150.01 fast; theta continuing along the bpurrd�y of said Parcel 2 and the boundary of Parcel l of said Parcel Malt South 89'07'46 East 310.06 feet to the ,
F of a street having a 53.00 foot waster y halt width shown as State College Boulevard on said Parcel Maip; thence along said right of way South 0'44'33" West 451.80 feet to the Pant of Beginnini
an area of 41.687 acres more or less.
Bulletin November 17 2005 25-815 6879255