6398ORDINANCE NO.6 3 9 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT NO. 2016-00004 BY
AND BETWEEN THE CITY OF ANAHEIM AND
TRUMARK HOMES LLC AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR AND
ON BEHALF OF THE CITY.
(DEV2014-00124)
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 Trumark Homes LLC, a California limited liability
company (the "Owner"), to approve proposed Development Agreement No. 2016-00004, 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. 2016-
00004 and certain vested development rights in connection therewith; and
WHEREAS, Development Agreement No. 2016-00004 is proposed in conjunction with
the Owner's application for approval of General Plan Amendment No. 2015-00503, Zoning
Code Amendment No. 2015-00127, Miscellaneous Case No. 2016-00636, Conditional Use
Permit No. 2016-05877 and Tentative Tract Map No. 17994, which, together with Development
Agreement No. 2016-00004, 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 7.8 acres and commonly
known as 1700 South Lewis Street, which real property is generally depicted on the map
1
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 January 9, 2017 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. 2016-00004 and that Development Agreement No. 2016-00004 meets the criteria
set forth in the Development Agreement Law and, therefore, by the adoption of its Resolution
No. PC2017-009, recommended to the City Council that said Development Agreement be
approved; and
WHEREAS, upon receipt of said Resolution No. PC2017-009, a summary of evidence, a
report of the findings and recommendations of the Planning Commission, the City Council did
fix the 7t' day of February, 2017, 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 the sufficiency of the Mitigated Negative Declaration including mitigation measures
(herein referred to as "MMP No. 339") for the Project and the other CEQA Documents referred
to in the Planning Commission's Resolution No. PC2017-009, 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 the Mitigated Negative Declaration has been prepared in compliance with
the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure
Manual and, together with MMP No. 339, serves as the appropriate environmental
documentation for the Proposed Project;
2. That it has carefully reviewed and considered the information contained in the
Mitigated Negative Declaration (including the Initial Study and any comments received during
the public review period) prior to acting upon the Proposed Project; and
3. Based upon the record before it (including the Initial Study and any comments
received), the Proposed Project will have a less than significant impact upon the environment
with the implementation of the mitigation measures contained in MMP No. 339 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission.
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 testimony, evidence and
reports offered at said hearing, does fmd and determine that proposed Development Agreement
No. 2016-00004, in the form presented at this meeting, meets all of the standards and requirements
set forth in Resolution No. 82R-565 (the "Procedures Resolution"), which was adopted by the City
Council on November 23, 1982, that is:
V,
1. The proposed Development Agreement No. 2016-00004 is
consistent with the General Plan, upon the adoption of General Plan Amendment
No. 2015-00503, now pending, and with the goals, policies, programs and
objectives specified in the General Plan, as so amended, and the Platinum
Triangle Master Land Use Plan, as the same shall be amended by the adoption of
Miscellaneous Case No. 2016-00636, now pending;
2. The proposed Development Agreement No. 2016-00004 is
compatible with the uses authorized in, and the regulations prescribed for, the
applicable zoning district(s) in which the Proposed Project is and will be located,
and is consistent with the Platinum Triangle Mixed Use (PTMU) Overlay Zone
requirements, as amended by Zoning Code Amendment No. 2015-00127, now
pending;
3. The proposed Development Agreement No. 2016-00004 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
(PTMU) Overlay Zone requirements, as amended by Zoning Code Amendment
No. 2015-00127, now pending;
4. The proposed Development Agreement No. 2016-00004 is not
otherwise detrimental to the health and safety of the citizens of the City of
Anaheim; and
5. The proposed Development Agreement No. 2016-00004
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, the requirements of Section 65867 of California Government Code and
the Procedures Resolution; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2016-00004 by and between the City of Anaheim and
Trumark Homes LLC, a California limited liability company, be, and the same is hereby,
approved.
3
SECTION 2.
That the Mayor be, and is hereby, authorized to execute Development Agreement No.
2016-00004 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 7th day of February , 2017, and thereafter
passed and adopted at a regular meeting of said City Council held on the 2 8 th day of
February , 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
A
CITY CLERK OF
120713v2/LHM
CITY OF ANAHEIM
By: (/r—
MA-fOR
OF THE CITY OF ANAHEIM
4
EXHIBIT "A"
DEV NO. 2014-00124
A PN: 082-261-22
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Feet Please 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:
PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 50, PAGE 38 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING
BELOW A DEPTH OF FIVE HUNDRED '500' FEET MEASURED
VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF, AS
CONTAINED IN A DOCUMENT RECORDED OCTOBER 17, 1972 IN BOOK
10377, PAGE 229 OF OFFICIAL RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENT FOR RECIPROCAL VEHICULAR AND
PEDESTRIAN ACCESS AS DESCRIBED IN GRANT OF RECIPROCAL
EASEMENTS RECORDED FEBRUARY 28, 2013 AS INSTRUMENT NO.
2013000127002 OF OFFICIAL RECORDS.
PARCEL 3:
A TEMPORARY NON-EXCLUSIVE EASEMENT (THE "CONSTRUCTION
EASEMENT") OVER THAT PORTION OF THE EASEMENT AREA LYING
WITHIN THE GRANTING OWNER'S PARCEL, FOR THE PURPOSE OF
PERMITTING THE CONSTRUCTING OWNER ENTRY ONTO THE PARCEL
OWNED BY THE NON -CONSTRUCTING OWNER IN ORDER TO
CONSTRUCT THE STREET IMPROVEMENTS AS DESCRIBED IN GRANT
OF RECIPROCAL EASEMENTS RECORDED FEBRUARY 28, 2013 AS
INSTRUMENT NO, 2013000127002 OF OFFICIAL RECORDS.
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. 6398 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 7th day of February, 2017, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 28th day of February, 2017, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2017.
(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:
March 9, 2017
"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: March 9, 2017
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
ORDINANCE.NO.6398
AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF
ANAHEIM APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT NO. 2016-00004 BY AND BETWEEN THE CITY
OF ANAHEIM AND TRUMARK HOMES LLC AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
(DEV2014-00124)
WHEREAS, Article 2.5 of Chapter 4 of Division 1. of Title 7 (com-
mencing 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 or-
der to establish with certainty what regulations will govern the con-
struction -of a development; and
WHEREAS, the City Council of the City of Anaheim (herein refer-
red 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 Stat-
ute; the City Council adopted Resolution No. 8211-565 on November 23,
1982 (herein referred to as the "Procedures Resolution"), establish-
ing 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 Ordi-
nance and the Procedures Resolution (herein referred to collectively
as the "Development Agreement Law"), the City of Anaheim re-
ceived a verified petition from Trumark Homes LLC, a California
limited liability company (the "Owner"), to approve proposed Devel-
opment Agreement No. 2016-00004, in the form presented at the meet-
ings at which this Ordinance was introduced and thereafter adopted,
to provide for tl , development of the "Project' described in Develop-
ment Agreemei No. 2016-00004 and certain vested development
rights in connection therewith; and
WHEREAS, Development Agreement No. 2016.00004 is proposed in
conjunction with the Owner's application for approval of General Plan
Amendment No. 2015-00503, Zoning Code Amendment No. 2015-00127,
Miscellaneous Case No. 2016-00636, Conditional Use Permit No. 2016-
05877 and Tentative Tract Map No. 17994, which, together with Devel-
opment Agreement No. 2016-00004, 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 consist-
ing of approximately 7.8 acres and commonly known as 1700 South
Lewis Street, which real property is generally depicted on the map
attached hereto as Exhibit A and more particularly described in Ex-
hibit B attached hereto and incorporated herein by this reference
(herein referred to as the 'Property"); and
WHEREAS, on January 9, 2017 following a duly noticed public hear-
ing, the Planning Commission of the City of Anaheim (herein refer-
red to as the "Planning. Commission") made certain findings that the
Owner has demonstrated eligibility to enter into Development Agree-
ment No. 2016-00004 and that Development Agreement No. 2016-00004
meets the criteria set forth in the Development Agreement Law and,
therefore, by the adoption of its Resolution No. PC2017-009, recom-
mended to the City Council that said Development Agreement be ap-
proved; and
WHEREAS, upon receipt of said Resolution No. PC2017-009, a sum-
mary of evidence, a report of the findings and recommendations of
the Planning Commission, the City Council did fix the 7th day of Feb-
ruary, 2017,,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 the sufficiency of the
Mitigated Negative Declaration including mitigation measures
(herein referred to as "MMP No. 339") for the Project and the other
CEQA Documents referred to in the Planning Commission's Resolu-
tion No. PC2017-009, 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 the Mitigated Negative Declaration has been prepared in
compliance with the requirements of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual and, together with
MMP No. 339, serves as the appropriate environmental documenta-
tion for the Proposed Project;
2. That it has carefully reviewed and considered the information
contained in the Mitigated Negative Declaration (including the Initial
Study and any comments received during the public review period)
-prior to acting upon the Proposed Project; and
3. Based upon the record before it (including the Initial Study and
any comments received), the Proposed Project will have a less than
significant impact upon the environment with the implementation of
the mitigation measures contained in MMP No. 339 and that the Miti-
gated Negative Declaration reflects the independent judgment and
analysis of the Planning Commission.
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 testimony, evidence and reports offered
at said hearing, does find and determine that proposed Development
was
on
programs and ODiectives specltled In The General Plan, as so amend-
ed, and the Platinum Triangle Master Land Use Plan, as the some
so 636, ho
2. The proposed Development Agreement No. 201640004 is compati-
ble with the uses authorized in, and the regulations prescribed for,
the applicable zoning district(s) in which the Proposed Project is and
will be located, and Is consistent with the Platinum Triangle Mixed
Use (PTMU) Overlay Zone requirements, as amended by Zoning
Code Amendment No. 2015-00127, now pending,'
3. The proposed Development Agreement No. 2016.00004 is compati-
ble with the orderly development of property in the surrounding area
in that it is in conformance with and implements the Platinum Trian-
gle Mixed Use (PTMU) Overlay Zone requirements, as amended by
Zoning Code Amendment No. 2015-00127, now pending;
4. The proposed Development Agreement No. 2016.00004 is not oth-
erwise detrimental to the health and safety of the citizens of the City
of Anaheim; and
Government code and the Proceaures Re501Utlon; ana
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM DOES ORDAI N_AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2016-00004 by and between the
City of Anaheim and Trumark Homes LLC, a California limited lia-
bility company, be, and the some is hereby, approved.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute Develop-
ment Agreement No. 2016-00004 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 7th day
of February, 2016f and thereafter passed and adopted at a regular
meeting of said City Council held on the 28th day of February, 2017,
by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray,
Barnes, Moreno, Kring and Foessel
,ra 1� 1 y 11
{724} 796-2209 I *' ,;0 i� w� tr-m- 41
.-
2. The proposed Cievelopment A9reemenfi No. 2016 00004 is compati-
ble with the uses authorized in, and the regulations prescribed for,
the applicable zoning district(s) in which the Proposed Prolect is and
will be located, and is consistent with the Platinum Triangle Mixed
Use (PTMU) Overlay Zone requirements, as amended by Zoning
Code Amendment No. 2015.00127, now Pending, -
3 *
ending;3. The proposed Development Agreement No. 2016-00004 is compati-
ble with the orderly development of property in the surrounding area
in that it is in conformance with and implements the Platinum Trian-
gle Mixed Use (PTMU) Overlay Zone requirements, as amended by
Zoning Code Amendment No. 2015-00127, now pending;
4. The proposed Development Agreement No. 2016-00004 is not oth-
erwise detrimental to the health and safety of the citizens of the City
of Anaheim; and
uuvernmenT tuue anu Tne rruceaures Kesoluiron; ana
ANAHEIM DOES ORDAIN AS FOLLOWSUNC€L OF THE CITY OF
SECTION 1.
That Development Agreement No. 2016-00004 by and between the
City of Anaheim and Trumark homes LLC, a California limited lia-
bility company, be, and the some is hereby, approved..
SECTION 2.
That the Mayor be and is hereby, authorized to execute Develop-
ment Agreement No. 71016=00004 for and on behalf of the City. ;
THE .FOREGOING ORDINANCE was introduced at ar 9ular
meeting of the City Council of the City of Anaheim held on the lh day
of February, 2016, and thereafter passed and adopted at'a regular
meeting of sold City Council held on the 28th day of February, 2017,.
by the fallowing roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray,
Barnes, Moreno, Kr€ng and Foessei
NOES: None
ABSENT: None
ABSTAIN: None CITYOFANAHEIM
BY: /sl
AT//TEST: MAYO
Cil
120713v2/LHM Publish: Anaheim Bulletin March 9, 201710911773
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. 6398 and was published in the Anaheim Bulletin on the 9th day of March,
2017.
drill 4..
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)