6373ORDINANCE NO.6 3 7 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT NO. 2015-00002 BY
AND BETWEEN THE CITY OF ANAHEIM AND
JEFFERSON AT STADIUM PARK, L.P. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
(DEV2015-00078)
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 (herein referred to as the "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 Council of the City of Anaheim (herein referred to as the "City
Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred
to as the "Enabling Ordinance"), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures
Resolution"), establishing procedures and requirements for consideration of development
agreements by the City upon receipt of an application therefor; and
WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures
Resolution (herein referred to collectively as the "Development Agreement Law"), the City of
Anaheim received a verified petition from Jefferson at Stadium Park, L.P., a Texas limited
partnership (the "Owner"), to approve proposed Development Agreement No. 2015-00002, in
the form presented at the meeting at which this Ordinance was adopted, to provide for the
development of the "Project" (as defined below) and certain vested development rights in
connection therewith. Development Agreement No. 2015-00002 is proposed in conjunction
with the Owner's application for the following additional entitlements, which, together with
Development Agreement No. 2015-00002, are intended to permit the development of the
project described in proposed Development Agreement No. 2015-00002 (the "Project") on that
certain real property consisting of approximately 17.5 acres and bounded by State College
Boulevard on the east, Gene Autry Way on the north, and Artisan Court on the south, which real
property is generally depicted on the map attached hereto as Exhibit A and more particularly
described in Exhibit B attached hereto and incorporated herein by this reference (herein referred
to as the "Property"); and
WHEREAS, on May 16, 2016 following a duly noticed public hearing, the Planning
Commission of the City of Anaheim (herein referred to as the "Planning Commission") made
certain findings that the Owner has demonstrated eligibility to enter into Development
Agreement No. 2015-00002 and that Development Agreement No. 2015-00002 meets the criteria
set forth in the Development Agreement Law and, therefore, by the adoption of its Resolution
No. PC2016-042, recommended to the City Council that said Development Agreement be
approved; and
WHEREAS, upon receipt of said Resolution No. PC2016-042, a summary of evidence, a
report of the findings and recommendations of the Planning Commission, the City Council did
fix the 14th day of June, 2016, as the time, and the City Council Chamber in the Civic Center, as
the place, for a public hearing on Development Agreement No. 2015-00002 and General Plan
Amendment No. 2015-00506, Miscellaneous Case No. 2015-00621 and Tentative Parcel Map
No. 2015-174 for the Project (collectively referred to as the "Proposed New Entitlements"), and
for the purpose of considering Addendum No. 5 to the "Revised Platinum Triangle Expansion
Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum Triangle
Expansion Project and the other CEQA Documents, and did give notice thereof in the manner
and as provided by law; and,
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the
introduction of this Ordinance and pursuant to the provisions of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this City Council has found and determined the
following:
1. That Addendum No. 5, together with the other CEQA Documents,
collectively constitute the environmental documentation under and pursuant to
CEQA relating to the Proposed New Entitlements and the Project;
2. That, pursuant to the findings contained in said concurrent resolution,
the CEQA Documents satisfy all of the requirements of CEQA and are adequate
to serve as the required environmental documentation for the Proposed New
Entitlements and the Project and, together with Mitigation Monitoring and
Reporting Plan No. 330 for the Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared
under CEQA for the Proposed New Entitlements and the Project.
WHEREAS, this City Council, 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
hearing and Planning Commission Resolution No. PC2016-042, does find upon review of the
land use aspects of Development Agreement No. 2015-00002, as follows:
1. That the Project is consistent with the goals, policies, programs and
objectives specified in the City's General Plan, as amended by General Plan
Amendment No. 2015-00506, and with the Platinum Triangle Master Land Use
Plan, as amended by Miscellaneous Case No. 2015-00621;
2. That the Project is compatible with the uses authorized in, and the
regulations prescribed for, the applicable zoning district(s) in which the Project is
2
and will be located, and is consistent with the Platinum Triangle Mixed Use
Overlay Zone requirements;
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 Mixed Use Overlay Zone requirements;
4. That the Project is not otherwise detrimental to the health and safety of
the citizens of the City of Anaheim; and
5. That Development Agreement No. 2015-00002 constitutes a lawful,
present exercise of the City's police power and authority under, is entered into
pursuant to, and is in compliance with the City's charter powers and the
requirements of the Development Agreement Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2015-00002 by and between the City of Anaheim and
Jefferson at Stadium Park, L.P., a Texas limited partnership, be, and the same is hereby,
approved.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute Development Agreement No.
2015-00002 for and on behalf of the City.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 14thday of June 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 21 stday of
June —, 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTE,S-T,
CITY CLERK OF THE CITY 0 ANAHEIM
117170/TJR
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
0
EXHIBIT "A"
MAP GENERALLY DEPICTING THE PROPERTY
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EXHIBIT "B"
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO STATE OF
CALIFORNIA BY DEED RECORDED FEBRUARY 22, 1999 AS INSTRUMENT NO.
199901241777.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6373 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 14th day of June, 2016, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 21st day of June, 2016, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of June, 2016.
4p {)Thk.d.....,0
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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:
June 30, 2016
"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: June 30, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 6373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING
THAT CERTAIN DEVELOPMENT AGREEMENT NO. 2015.00002 BY AND BETWEEN
THE CITY OF ANAHEIM AND JEFFERSON AT STADIUM PARK, L.P. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BE
HALF OF THE CITY.
(DEV2015-00078)
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 (herein referred to as the "Stat-
ute") authorizes a city to enter into a contract which is called a development' agreement in
WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City Coun-
cil"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred
to as the "Enabling Ordinance"), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Proce-
dures Resolution"), establishing procedures and requirements for consideration of devel-
opment agreements by the City upon receipt of an application therefor; and
WHEREAS, in accordance wlth the Statute, the Enabling Ordinance and the Procedures
Resolution (herein referred to collectively as the "Development Agreement Law"), the City
of Anaheim received a verified petition from Jefferson at Stadium Park, L.P., a Texas limited
Partnership (the "Owner"), to approve proposed Development Agreement No. 2015.00002,
in the form presented at the meeting at which this Ordinance was adopted, to provide for
the development of the "Project" (as defined below) and certain vested development rights
in connection therewith. Development Agreement No. 2015-00002 is proposed in conjunc-
tion with the Owner's application for the following additional entitlements, which, together
w tit avelopment Agreement No. 2015-00002, are intended to permit the development of
tho projecf described in proposed Development Agreement No. 2015-00002 (the "Project")
on that certa n real property consisting of approximately 17.5 acres and bounded by State
College Boulevard on the east, Gena Autry Way on the north, and Artisan Court on the
south, which tea! property is generally depicted on the map attached hereto as Exhibit A
and more particularly dascribed in Exhibit B attached hereto and incorporated herein by
this reference (herein referred to as the "Property"); and
WHEREAS, on May 16, 2016 following a duly noticed public hearing, the Planning Com-
mission of the City of Anaheim (herein referred to as the "Planning Commission") made
certain findings that the Owner has demonstrated eligibility to enter into Development
Agreement No. 2015-00002 and that Development Agreement No. 2015-00002 meets the
cntena set forth in the Development Agreement Law and, therefore, by the adoption of its
Resolution No. PC2016-042, recommended to the City Council that said Development
Agreement be approved; and
WHEREAS, upon receipt of said Resolution No, PC2016-042, a summary of evidence, a
report of the f ridings and recommendations of the Planning Commission, the City Council
did fix the 14th day of June, 2016, as the time, and the City Council Chamber in the Civic
Center, as the place, for a public hearing on Development Agreement No. 2015-00002 and
General Plan Amendment No. 2015-00506, Miscellaneous Case No. 2015-00621 and Tenta-
tive Parcel Map No. 2015-174 for the Project (collectig y referred to as the "Proposed New
nsidering
Entitlements"), and for the purpose of coAddendum No. 5 to the "Revised Plati-
num Trianggle Expansion Protect Subsequent Environmental Impact Report No. 339" for the
Revised Pfatlnum Triangle Expansion Project and the other CEQA Documents, and did
give notice thereof in the manner and as provided by law: and,
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the intro-
duction of this Ordinance and pursuant to the provisions of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this City Council has found and determined
the following:
1. That Addendum No. 5, together with the other CEQA Documents, collectively
constitute the environmental documentation under and pursuant to CEQA relating to the
Proposed New Entitlements and the Project;
2. That, pursuant to the findings contained in said concurrent resolution, the CEQA
Documents satisfy all of the requirements of CEQA and are adequate to serve as the
required environmental documentation for the Proposed New Entitlements and the
Projectand, together with Mitigation Monitoring and Reporting Pian No. 330 for the
Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared under CEQA
for the Proposed New Entitlements and the Project.
WHEREAS, this City Council, after due inspection, investigation and study made by itself
and !nits behalf, and after due consideration of and based upon all of the evidence and re-
ports offered at said hearing, including the evidence presented at the Planning Commis-
sion hearing and Planning Commission Resolution No. PC2016-042, does find upon review
of the land use aspects of Development Agreement No. 2015-D0002, as follows:
1. That the Project is consistent with the goals,poficies, programs and objectives
specified in the City's General Plan, as amended by General Plan Amendment No. 2015-
00506, and with the Platinum Triangle Master Land Use Plan, as amended by
Miscellaneous Case No. 2015-00621;
2. That the Project is compatible with the uses authorized in, and the regulations
Prescr'bed for, the applicable zoning district(s) in which the Proect is and wll be
ocated, and is consistent with the Platinum Triangle Mixed Use Overlay Zone
requirements;
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
Mixed Use Overlay Zone requirements;
4. That the Project is not otherwise detrimental to the health and safety of the citizens
of the City of Anaheim; arid
5. That Development Agreement No. 2015-00002 constitutes a lawful, present exercise
of the City's police power and authority under, is entered into pursuant to, and is in
compliance with the City's chatter powers and the requirements of the Development
Agreement Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Development Agreement No. 2015-00002 by and between the City of Anaheim and
Jefferson at Stadium Park, L.P., a Texas limited partnership, be, and the same is hereby,
approved.
SECTION 2.
4 That the Mayor be, and is hereby, authorized to execute Development Agreement No.
_ 2015-00002 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 14th day of June, 2016, and thereafter passed and
adopted at a regular meeting of said City Council held on the 21st day of June, 2016, by
the following roll call vote:
AYES: Mayor Tait and Council Members Krfng, Murray, Brandman, and Vanderbilt
NOES- None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: _Jsl
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_Jsl
CITY CLERK OF THE CITY OF ANAHEIM
117170-v2/TJR
A copy of the Exhibit "A" and "B" are available at the Office of the City Clerk, 200 South
Anaheim Boulevard, 2nd Floor, Anaheim, California, (714)765-5166, between 8:00 AM and
5:00 PM, Monday through Friday. There is no charge for the copy.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6373 and was published in the Anaheim Bulletin on the 30th day of June,
2016.
QX9,
CITY CLERK OF THE CITY qF ANAHEIM