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6387ORDINANCE NO. 6387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT NO. 2015-00001 BY AND BETWEEN THE CITY OF ANAHEIM AND LTG PLATINUM LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. (DEV2015-00024) 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 LTG Platinum LLC, a California limited liability company (the "Owner"), to approve proposed Development Agreement No. 2015-00001, in the form presented at the meetings at which this Ordinance was introduced and thereafter adopted, to provide for the development of the "Project" described in Development Agreement No. 2015- 00001 and certain vested development rights in connection therewith; and WHEREAS, Development Agreement No. 2015-00001 is proposed in conjunction with the Owner's application for approval of General Plan Amendment No. 2015-00504, Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, Conditional Use Permit No. 2015-05806 and Tentative Tract Map No. 17918, which, together with Development Agreement No. 2015-00001, are collectively referred to as the "Proposed New Entitlements"; and WHEREAS, the Proposed New Entitlements are intended to permit the development of the Project on that certain real property consisting of approximately 15.6 acres and bounded by State College Boulevard on the west, Orangewood Avenue on the south, and Angel Stadium of Anaheim on the north, 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 August 22, 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. 2015-00001 and that Development Agreement No. 2015-00001 meets the criteria set forth in the Development Agreement Law and, therefore, by the adoption of its Resolution No. PC2016-071, recommended to the City Council that said Development Agreement be approved; and WHEREAS, upon receipt of said Resolution No. PC2016-071, a summary of evidence, a report of the findings and recommendations of the Planning Commission, the City Council did fix the 27th day of September, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed New Entitlements and for the purpose of considering Addendum No. 6 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 referred to in the Planning Commission's Resolution No. PC2016-071, and did give notice thereof in the manner and as provided by law; and WHEREAS, on September 27, 2016 and pursuant to the request of the applicant, the public hearing was continued by the City Council to October 18, 2016; 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. 6 together with the other CEQA Documents collectively constitute the environmental documentation under and pursuant to CEQA relating to the Proposed New Entitlements and the Proposed New 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 Proposed New Project and, together with Mitigation Monitoring Plan No. 334 for the Proposed New Project, should be approved and adopted; and 3. That no further environmental documentation needs to be prepared under CEQA for the Proposed New 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 2 hearing and Planning Commission Resolution No. PC2016-071, does find upon review of the land use aspects of Development Agreement No. 2015-00001, 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. 2015-00504, and with the Platinum Triangle Master Land Use Plan, as amended by Miscellaneous Case No. 2015-00631; 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 and will be located; 3. That the modifications of certain development standards of the Platinum Triangle Mixed Use Overlay Zone, as depicted on the Master Site Plan and described in the staff report presented to the Planning Commission at its August 22, 2016 public hearing and incorporated herein by this reference, will not be detrimental to the health, safety, convenience, or welfare of the citizens of Anaheim and are otherwise consistent with the Platinum Triangle Mixed Use Overlay Zone requirements; 4. That the size and shape of the development site is adequate to allow the full development of the Project in a manner not detrimental to the particular area or to health and safety; 5. That the Project is consistent with the goals and policies of the General Plan and with the purpose and intent of the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay Zone, as modified by the Master Site Plan, and any other related design criteria; 6. 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, as modified by the Master Site Plan; 7. That the design and layout of the Project will not interfere with existing or proposed development in the surrounding area; 8. That adequate provisions have been made for the loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and access -ways or impact adjacent land uses; 9. That the Project will not limit or adversely affect -the growth and development of adjoining lands or the general area in which it is proposed to be located; 3 10. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim; and 11. That Development Agreement No. 2015-00001 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: CFC'TTC)N 1 That Development Agreement No. 2015-00001 by and between the City of Anaheim and LTG Platinum LLC, a California limited liability company, be, and the same is hereby, approved. q PCTmN That the Mayor be, and is hereby, authorized to execute Development Agreement No. 2015-00001 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 18thday of October , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 25thday of October , 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 . CITY CLERK OF THE CITY OF AHEIM 119095-v2/TJR CITY OF ANAHEIM By: _ //] Z;r-141 6Z, MAYOR OF THE CITY OF ANAHEIM 11 EXHIBIT "A" DEV NO. 2015-00024 APN: 083-270-69 083-270-51 083-270-74 083-270-75 083-270-47 083-270-67 083-270-73 319 N iv 33' 38' 883' I v ih 20' G z � O N a G 951' E ORANGEWOOD AVE z 1 0 IN 1 D 0 1 ©o sot iooSource: Recorded Tract Maps and/or City GIS. FPlease note the accuracy is +/- two to five feet. EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PAR(,FT.2 THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, AGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59'00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59'00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY' S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17' 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 430 23'25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 00 5719" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190 49'31 " TO THE POINT OF BEGINNING. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCF.I.4A- AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCFT.7- THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. [Assessor's Parcel Nos.: 083-270-69 (Affects: portion of Parcel 4), 083-270-70 (Affects: portion of Parcel 4), 083-270-73 (Affects: Parcel 5), 083-270-74 (Affects: Parcel 6), 083-270-75 (Affects: Parcel 7), 083-270-67 (Affects: portion of Parcel 3),. 083-270-47 (Affects: Parcel 2 and portion of Parcel 1), 083-270-71 (Affects: portion of Parcel 4), and 083-270-72 (Affects: portion of Parcel 4)] 083-270-61 (Affects: portion of Parcel 3) and 083-270-37 (Affects: portion of Parcel 1)] 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. 6387 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of October, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25t" day of October, 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 25th day of October, 2016. CITY CLERK OF THE CITY 1OF ANAHEIM (SEAL) 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. 6387 and was published in the Anaheim Bulletin on the 3rd day of November, 2016. Qe2�- - CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 9 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: November 3, 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: November 3, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION AN OADIHAN D9VOF AN ELOA Al AND J30tw PEATINUCyI: J QIF-TW l -- - • - ,,,omnarsthereof: w aay of t7Ctober, 20'11 AYES: Mayor Tait and Council Members Mng, NOES: None Murray, Brandman, and Vanderbilt ABSENT; Nona ABSTAIN: N�tje The above earn ltry iS $ brief destiption of the subject City of hip, lmg` wis l has been,prepared pursuno Sattctiocontained gfhe the of City of Anaheim This aumm f Or- nance antl altouid hot be relied on aogs nit fhGlOcie or describe e' s asubat:y% for the fri to Provision of the oidi- Cl obtain a':�o�py of the full text of the ordinance plea t�eordinance. Clerk, (for) 785.S1fig, between 8:00 AM and S:oo PM, Monday through Frida . charge for rhe copy, centra the office of the City 119713/TJR Y there is no —�_ Publish; Anaheim Bulletin November 3, 200610210515