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5976ORDINANCE NO. 5976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, INC., (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 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 December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law'), BRE Properties, Inc., (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2005- 00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Stadium Park Residential Project; and WHEREAS, the Development Agreement pertains to approximately 4.767 acres of real property in the City of Anaheim, equitably owned by the Applicant, commonly known as 1515 East Katella Avenue (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit "A", which is 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 by developing a multiple family residential project consisting of 255 residential dwelling units and a 521 space parking structure, as more 2 particularly set forth in Final Site Plan No. 2004-00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "Project"); and WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 2004-00007 to provide for the development of the Stadium Park Residential Project, contingent upon the approval of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-000015 2005-00002, and 2005-00003; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 2005, at 6:00 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 Tentative Tract Map No. TTM 16831 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, on April 18, 2005, the Planning Commission, by its motion, approved Tentative Tract Map No. TTM 16831; and WHEREAS, the Planning Commission, by its Resolution No. PC2OO5-75, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00003 and that the Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of the 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, by motion, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement No. 2005-00003, 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 FEIR No'. 330 previously certified by the City Council for the General Plan Amendment and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Plan No. 128, as modified by the Planning Commission to include a mitigation measure pertaining to the Katella Avenue sewer line, are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. 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 255 residential dwelling units and a 521 space parking structure; and 3 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. PC2005-75, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's existing General Plan in that it is in conformance with the General Plan Mixed Use land use designation 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 Final Site Plan No. 2004-00007, which has been approved by the Planning Director, and Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18, 2005. 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. 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. 2005-00003 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 _ 24t day of May, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on 7th day of June by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST: rrl,fy cLEft OF fHE CITY OF ANAHEIM 5 8044, v 1 /mgordon/05.16.05 5 &41V - MAYOR OF THE C O AHEIM LEGAL DESCRIPTION That portion of Parcel 1 of Parcel Map No. 95-189, in the City of Anaheim, County of Orange, State of California, as shown on the map filed in Book 300, Pages 39 and 40 of parcel Maps, in the office of the County Recorder of said County, and described as follows: Commencing at the Southwest corner of said Parcel 1; thence along the Westerly line of said Parcel 1 North 00°41'38" East 591.61 feet ; thence leaving said Westerly line South 89118'27" East 213.75 feet to the TRUE POINT OF BEGINNING; thence North 00°35'42" East 188.42 feet to that certain course in the general Westerly line of said Parcel 1 shown as having a bearing and distance of "N 89°09'28" W 214.72' " on said Parcel Map; thence along said general Westerly line and the Northeasterly and Easterly lines of Parcel 1, the following courses: South 89°09"28" East 1.30 feet, North 00135'42" East 503.16 feet to a point on a non -tangent curve concave Northeasterly having a radius of 5929.58 feet, a radial of said curve to said point bears South 37°39'28" West, Southeasterly 452.84 feet along said curve through a central angle of 04122'32" and non -tangent South 00°42'25" West 433.35 feet to a line bearing North 89°18'27" West and passing through the TRUE POINT OF BEGINNING; thence leaving said Easterly lines of Parcel 1 North 89'18'27" West 371.87 feet to the TRUE POINT OF BEGINNING. Containing an area of 4.767 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. This legal description, is for agreement purposes only and is not to be used for the conveyance of land. The actual boundaries of Lot 3 will be as shown on Tract No. 16831 after it is recorded. EXHIBIT "A" 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 16, 2005 "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 16, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 5976 AN ORDINANCE u . .-IE CITY COUNCIL OF THE CITY OF ANAHEIM (i APPROVING DE, JPMENT AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, Ia, (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 This 7 (commencing with Section 65864) of the Government Code of the State of California ereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regula- xas 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") i 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 ereinatter the "Procedures Resolution") establishing procedures and requirements for consideration of development agreements upon receipt of an ap- ication 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 devel- 3ment of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a 'atement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval the General Plan Amendment, amendment of the City's zoning code, and aseries 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 >es 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 ,eeway (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 esolution 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 hapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Mu- cipal Code to establish zoning and development standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and r inance No. 5936 amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the rMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development proj- :ts that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, pub - 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 A reement between the property owner and the City Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under e Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-179, approving the form of the Standard Development Agreement for e 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 De- alopment Agreement for The Platinum Triangle, the City Council by motion, as lead agency for the proposed actions, determined that FEIR No. 330 and e associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in compliance with CEQA and the State and ity CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said mo - )n; and WHEREAS, on December 23, 2004,ursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution hereinafter collectively referred as the "Development Agreement Law"),, BRE Properties, Inc., (hereinafter 'Applicant"), submitted an application to the Planning Department for appro- d of Development Agreement No. 2005-00003 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the )evelopment Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitle- ents and address the implementation of the Stadium Park Residential Project; and WHEREAS, the Development Agreement pertains to approximately 4.767 acres of real property in the City of Anaheim, equitably owned by the Appli- ant, commonly known as 1515 East Katella Avenue (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overpay :stella District), and more particularly shown and described on Exhibit "A", which is 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 by developing. a multiple mily residential project consisting of 255 residential dwelling units and a 521 space parking structure, as more particularly set forth in Finaf Site Plan No. )04-00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "Project"); and WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 2004-00007 to provide for the development of the Stadium Park Resk Bntial Project, contingent upon the approval of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and 305-00003; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice 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, hear and consider evidence for and against said Development Agreement and Tentative Tract Map No. TTM 16831 and to investigate and make find- gs and recommendations in connection therewith; and ' WHEREAS, on April 18, 2005, the Planning Commission, by its motion, approved Tentative Tract Map No. TTM 16831; and WHEREAS, the Planning Commission, by its Resolution No. PC2005-75, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00003 and that the A reement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of the 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 re- quired 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; by motion, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Development Agreement No. 2005-00003, 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 FOR No. 330 previously certified by the City Council for the General Plan Amendment and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Plan No. 128, as modified by the Planning Commission to include a mitigation measure pertaining to the Katella Avenue sewer line, are adequate to serve as the required environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documenta- tion need be prepared for this Development Agreement. WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Develop- ment Agreement by showing that, upon completion, the Project will result in the construction of 255 residential dwelling units and a 521 space parking structure; 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 con- sideration of and based upon all of the evidence and reports offered at said hearing including the evidence presented at the Planning Commission meet- ing and Planning Commission Resolution No. PC2005-75, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's existing General Plan in that it in conformance with the General Plan Mixed Use land use designa- tion 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 Final Site Plan No. 2004-00007, which has been approved by the Planning Di- rector, and Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18, 2005. 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. 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. 2005-00003 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 24th day of May, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on 7th day of June by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None f ^ T4IN: None In/ Mevnr Curt Prinnle