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6081ORDINANCE NO. 6081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2007-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS, (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 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 sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial, General Commercial, and Institutional land uses within an approximately 2,645 -acre area generally bounded by the Riverside (SR -91) Freeway on the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east ("The Northeast Area"); and WHEREAS, in order to carry out the goals and polices of the General Plan for The Northeast Area, on August 22, 1995, the City Council adopted Resolution No. 95R-155 to approve Northeast Area Specific Plan No. 94-1 ("SP 94-1"), setting forth the new vision for The Northeast Area; and WHEREAS, the applicant requests a Development Agreement between the property owner and the City of Anaheim to implement all development within the proposed Kaiser Permanente Orange County Anaheim Medical Center (hereinafter "Project") in the SP 94- 1, Development Area 4 (Transit Core); and WHEREAS, on August 22, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Kaiser Foundation Hospitals, (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007- 00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") to vest certain project entitlements and address the implementation of the Project; and WHEREAS, the Development Agreement pertains to approximately 27.5 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 3400 - 3450 East La Palma Avenue, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Northeast Area and within the SP 94-1, Development Area 4 (Transit Core); and WHEREAS, the Applicant desires to develop the property with a master planned campus focused on health care services, which would include a hospital with up to 360 beds, administrative offices, three medical office buildings, a central utility plant, accessory retail areas, and two parking structures, as more particularly set forth in Exhibit `B" of the Development Agreement (the "Master Site Plan"), Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requests approval of Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, 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 Development Agreement and said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, by its Resolution No. PC2007-126, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2007-00003 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; 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 Development Agreement No. 2007-00003, by its Resolution, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for said Development Agreement, and the 2 requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the recommendations of the Anaheim City Planning Commission and the evidence received at the public hearing, that Final Environmental Impact Report No. 2007-00337, including the Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Program No. 147 for the Project, are adequate to serve as the required environmental documentation for Development Agreement No. 2007- 00003 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared said Development Agreement; 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. PC2007-126, 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, in that it is in conformance with the General Plan Institutional land use designation and with the goals, policies and objectives for The Northeast Area 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 SP 94-1, Development Area 4 (Transit Core) requirements as set forth in the Master Site Plan, and Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195. 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 goals and policies of the Canyon Area and the Zoning and Development Standards for SP 94-1, Development Area 4 (Transit Core). 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. 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: approved. SECTION 1. That Development Agreement No. 2007-00003 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 6th day of November , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 27th day of November , 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN:NONE ATTEST: CI LERK 4OFTHE CI O AAHM IM 67070.v l /MGordon 4 CITY OF AHEIM By: MAYOR OF THE Ct F AHEIM EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 730 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 620 22'41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45'29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 90 34' 41" WEST 46.91 FEET; THENCE NORTH 130 55' 07" WEST 46.02 FEET; THENCE ALONG A NON - TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51'30" WEST, THROUGH AN ANGLE OF 1300 59' 58" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 30 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 620 41' 39" WEST 68.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCELS I AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95-0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90- 334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 160 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 730 44' 00" EAST 25.00 FEET; THENCE SOUTH 160 16' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 770 25' 53" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 860 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 55' 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 30 45' 54 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 730 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 30 45' 54" WEST 978.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 770 28' 2 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 480 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON -TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 290 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 860 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 730 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 30 45' 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 30 45' 29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2/3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 30 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. 7 PARCEL 3A: THE WEST ONE-THIRD OF LOT 2 AND THE EAST ONE-THIRD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 4, SOUTH 730 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID EASTERLY LINE NORTH 030 45' 29" WEST 479.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. APN: 345-121-06, 345-121-17, 345-121-24, and 345-121-25 H 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: December 6, 2007 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 6, 2007 �7 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 : ORANGE COUNTY keGISTER Thurllday, December 06, 2007 ANAHEIM BULLETIN - PAGE 21 ORDINANCE NO. 6081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2007-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HOSPITALS, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BE- HALF 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 Callfomia (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 govem 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, mak- ing 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, adopt ` ed 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 Citv'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 Mitiga- tion Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the Genera Plan Amendment, amendment of the City's zoning code, and a series of relat- ed actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial, General Commercial, and Institutional land uses within an approx- imately 2,645 -acre area generally bounded by the Riverside (SR -91) Freeway on the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the eastThe Northeast Area"); and. WHEREAS, in order to carry out the goals and polices of the General Plan for The Northeast Area, on August 22,1995, the City Council adopted Resolution No. 95R-155 to approve Northeast Area Specific Plan No. 94-1 ("SP 94-1"), setting forth the new vision for The Northeast Area; and WHEREAS, the a picant requests a Development Agreement between the property owner and the City of Anaheim to implement all development within the proposed Kaiser Permanente Orange County Anaheim Medical Center (hereinafter "Project") in the SP 941, Development Area 4 (Transit Core); and WHEREAS, on August 22, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agree- ment Law"), Kaiser Foundation Hospitals, (hereinafter "Applicant" ), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement') to vest certain project entitlements and address the im- plementation of the Project; and in the C' of Anaheim, owned b the Applicant, common) known as 3400 - 3450 WHEREAS, the Development Agreement pertains to approximately 27.5 acres of real property ' riY. Y APP Y East La Palma Avenue, as more particularly described in Exhibff "A" attached hereto and incorporated herein by this reference (hereinafter the "Property), which is located in The Northeast Area and within the SP 94-1, Development Area 4 (Transit Core); and WHEREAS, the Applicant desires to develop the property with a master planned campus focused on health care services, which would include a hospital with up to 360 beds, ad- ministrative offices, three medical office buildings, a central utility plant, accessory retail areas, and two parking structures, as more particularly set forth in Exhibit "B" of the Develop- ment Agreement (the '.Master Site Plan'), Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. '2007-00048, and Tentative Parcel Map No. 2007-195; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requests approval of Conditional Use Permit No. 2006.05146, Specific Plan Amendment No. 2007- 00048, and Tentative Parcel Map No. 2007-195; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2007, at 2:30 p.m., notice of said public hearing hav- ing been duly given as required by jaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Devel- opment Agreement and said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith;,and WHEREAS, the Anaheim City Planning Commission, by its Resolution No. PC2007-126, Which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2007-00003 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; and WHEREAS, the City Council did hold a public hearing upon the DevelopmentAgreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the Callfomna Environmental Quality Act ("CEQA")) the City Council, as lead agency for Development Agreement No. 2007-00003, by its Resolution, did find and determine, based upon its indeeppendent review and conandaration of an lnitial Study conducted ourafiant to CEQA for said Development Agreement, and the re- quirements of CEQA, including Section 21166 of the Cal'hfornia Public Resources Code and Section 15162 of the CEQA Guidelines, and the recommendations of the Anaheim City Plan- ning Commission and the evidence received at the public hearing, that Final Environmental Impact Report No. 2007-00837, including the Find' of Fad and Statement of Overriding Considerations and Mitigation Monitoring Pr, ram No. 147 for the Project, are adequate to serve as the required environmental documentation Development Agreement No. 2007- 00003 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared said Devebpmernt Agreement; and WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in tts belied, 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. PC2007-126, does find upon review of the land use as of the DeveloFment Agreement: hcies and ob'ec• 1. That the Project is consistent with the City's Genera Plan, in that it in conformance with the General Plan Institutional land use designation and with the goals, po j lives for The Northeast Area 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 zoningdistract in that theme isia�t n�� h P 9 Tentative opment Area 4 (Transit Core) requirements asset forth in the Master Site Plan, and Conditional Use Permit No. 148, Specific Parcel Map No. 2007-195. 3. That the Pro act is compatible with the orderly development of property in the surrounding area in that lt is in conformance with and implements the goals and policies of the Canyon Area and the �oning and Development Standards for SP 941, Development Area 4 (Transit Core). 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. at the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the StatnAe, ale 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: $MOTION 1. That Development Agreement No. 2007-00003 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 61h day of November, 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 27th day of November, 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM ,By: /a/ Curt Prin Is MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Linda Nguyen CITY CLERK OF THE CITY OF ANAHEIM EXNIBR'A' LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: CORDS OF ORANGE COUNTY, THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN. BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RE CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73" 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY -UNE OF SAID LOTTO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613 PAGEyqt OFY FOFIC AL RECORDS; S�RLEYN NORTHS 9" 15' 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62' 22' 41" EAST 68.45 FEET TOrTAiE EA&TEFL OF SAID LOT 3; THENCE NORTH 3" 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73" 49' 3D' WEST 203.66 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3' 45'29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST.CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2873 PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9°34' 41' WEST 46.91 FEET; THENCE NORTH 1.r SW W V� 48.02 FEET; THENCE ALONG A NOW TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTI+W 5t, WLs"STI TtfliOtlCiH AN ANGLE OF 130° 59 58" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64" 51' 32' EAST 10.07 FEET TO THE EAST LINE OF THE WEST 90 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3" 24' 32" EAST 21.68 FEET TO THE NORTHERLY UNE OF SAID LAND CONVEYED TO SAID STATE; THENCE ALONG: SAID NORTHERLY LINE SOUTH 62° 41' 39' WEST 68.49 FEET TO THE POINT OF BEGINNING. PARCEL 2s PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 330 RECORDED MAY 15, 1985 As INSTRUMENT NO, 95-0208325 OF OFFICIAL RE- CORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2As A NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT a OF G69 NE ACRES, AS SHOWN ON A MAP RE- CORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED DEI3GRIGED AS FOLLOWS:, COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL ires 80394, A5 PER AJD MAP RECORDED W BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, M THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO n4E CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16" 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE'((1106 FEET WIDE) AS DESOF400 MTTHE DEED TO THE CIT' OF ANAHEIM, AS RE- CORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNT', SAID POINT B17NG THE TRUE POINT OFBECIiN 4M,1 THj'aNCE EASTERLY ALONG SAID SOUTH- ERLY LINE NORTH 73" 44' 00" EAST 25.00 FEET; THENCE SOUTH 16" 16"00" EAST 9223 FEET �Q THE BEGINNING OFA CURVE CONCAVE To THE NORTHEAST HAV- ING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77' AN ARGLEMGII.1 OF 47.30 FEET; THENCE TAN- GENT TO SAID CURVE NORTH 86" 18' 07" EAST 83.53 FEET TO THE BEG1 NG OF A TANGENT CURVE CONCAVE TO JTbWMT f�OANG A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL AN OF W SW S0` AN ARC LENGTH OF 94.18 T& POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 8, TJ4ENOE SOUTHERLY ALONG SAID PARALLEL UNE SOUTH 3" 45' 54 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE T ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73" 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED A RIGHT ANGLES, FROM SAID EAST LINE OF 'LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3" 45' 54" WEST 978.30 FEET TO THE BEGINNING OFA NON -TANGENT CURVE CONCAVE TO THE SOUTH- WEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LUNE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49' WEST; THENCE NORTHWESTERLY ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48" 28' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON-TANQENT LINE, A RADIAL t INE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18'07" WEST 81.33 FEET TO THE BEGMNINCi OF ATANGENT CURVE CONCAVE TO THE NORTH- EAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG .SAID CURVE THROUGH CENTRAL ANGLE;OF 77° �" E AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16" 16'00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID SOUTH UNE NORTH 73' 44' 00' EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3s ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORD ED THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 3'45'29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3" 45';29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28,1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SAID L14ORTHS73° 49' 30' AST ALONG THE NORTHERLY LIN OF SAID OF SAID LAND TO MORLEY, 203.56 FEET 14 A POINT IN TH L��( CH OF 764.81,FEET TO A POINT IN SAID CENTER MORLEY LAND; THENCE NORTH 3° 45' 2!!` WLT3T UNE OF LA PALAAA AVENUE, SAID CENTER LINE BEING THE NORTH UNE OF SAID LOT 3; THENCE SOUTH 73' 4q'�v' WEST 208.68:FEET TO THE POItiT OF BEGINNING. M PARCEL 3As0 PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS THE WEST C3-7Z8RD OF LUI=S 'HE =TONE -THIRD OF T.3 TIi RLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED P ORANGE PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, iH OF CALIFORNIA RECORDED MAY4.;t064 OF'OR E COUNTY CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE AS PER MAP i>ECORDELI IN BOOK , P A2 OF F ST- T FOLLOWING DESCRIBED ATA` TIS Y LINE LOT 4 SOUTH 73° 44 00 WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER AS OF SND LOT 4, SND POINT $MING ON OF l APALMA (t�'� THENCE N yORTH 03" 45' 29' " EAS 47915 FEET FROM THE ST 662 78 FEET PARALLEL WI T (EASTERLY F ERLY LINE OF SAID LOT 4: TIiENCE Y tt7.77 TO A Pt'NN'T ON H THE O CORNER OF SND LOT 4, SAID POINT BEIIhKa Tt� NORTHWEST CORNER OF THEEJIN© D�E�'IN THE Dl:ED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL E 28,1959 IN SOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SND ORANGE COUNTY. C28 DPN: 345121-06, 345121-17, 345121-24 end 345121 25 2 API