5974ORDINANCE NO. 5974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT
NO. 2005-00001 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-
00001 (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 4.825 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 320 residential dwelling units, a 552 space parking structure and a public park, as
2
more 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.
2005-000013 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. PC2005-73, which
is incorporated herein by this reference, made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2005-00001 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. 2005-00001, 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 320 residential dwelling units,
a 552 space parking structure and a public park; 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. PC2005-73, 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:
SFCTTON 1
That Development Agreement No. 2005-00001 be, and the same is hereby,
approved.
2
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 24 th 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:
i'
s �-
I C Y CL K OF E CITY OF ANAHEIM
58018.v 1 /mgordon/05.16.05
5
MAYOR OF THE CWOVjkkAHEIM
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 12.00 feet to a line being parallel with and 12.00 feet
Northerly of the Southerly line of said Parcel 1, said point being the TRUE POINT OF
BEGINNING; thence continuing along said Westerly line North 00141'38" East 579.61
feet; thence leaving said Westerly line South 89'18'27" East 292.90 feet; thence South
00°41'38" West 580.52 feet to said parallel line; thence along said parallel line North
89°07'46" West 292.90 feet to the TRUE POINT OF BEGINNING.
Containing an area of 3.900 acres, more or less; and
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 to the TRUE POINT OF BEGINNING;
thence leaving said Westerly line South 891 18'27" East 213.75 feet; thence North 00°
35'42" 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 North 89" 09'28" West 213.42 feet to said Westerly line
of o said Parcel 1; thence leaving said general Westerly line along said Westerly line South
00 41' 38 West 188.98 feet to the point of beginning.
Containing an area of 0.925 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 1 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
61 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 of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 5974
AN ORDINANCE OF THE Cl EEMENT NO. 2005-00001 BY AND
BETWEEN THE CITY OF ANAHEIM AND BIL OF THE CITY RE PROPERTIES, WFC ANAHEIM MAKi i(1 A CERPPROTAIIN FINDINGS RELATED THERETO, AND (ii) 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 ablish with certainty what regula
of the State of California,
(hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to est
t
tions will govern the construction of a development; and
er city, heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance")
WHEREAS, the City of Anaheim (hereinafter the "City"), as a chart
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 ap-
plication 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 develop-
ment of the City of Anaheim ("General Plan Amendment' and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and al
Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and app
of the General 's zoning code, and a series of related actions; and
Plan Amendment, amendment of the City
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 thge Southern California Edison Company Easement on the north ("The Platinum Triangle");rium and
the
WHEREAS, in order to carry
u the
e Platinum Triangle Masthe Genand UslPlan for The
Flat
forth the new vision foron
Plan
Platinumst Triangle; and adopted
Resolution No. 2004-177, approving
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triongle and pursuant to the procedures set forth in
n'capal Codeto estati sh zon nMguand developmennn t stanuudards fo��hetPlat um Triangle Mixed-UOse (PTMUNOve3lay Zone (thnI e TPTMU Over ay Zone') nit
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 proj-
ects that could be stand-alone projects or combine residential with nonresidential uses including office, retail, business services, personal services, pub-
lic spaces and uses, and other community amenities within the area; nit
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 Gata 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 De
-
WHEREAS,
ated Updated and Platinum
Mitigation , the Monitoring tP ProgCouncil ram No. 106 foras lead The Plat ncum Triangle, for the were in complosed ianceermined that FEIR with CEQA and theo. 330 and
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 mo-
tion; and
WHEREAS, on December 23, 2004, ursuant to the Statute; the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred
to as the "Development Agreement Law"�, BRE Properties, Inc., (hereinaftercationP), which included a proposed ion to the developmPelni agreement (hereinartment aflert he
val of Development Agreement No. 2005- 0001 (hereinafter the "App'
"Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entltle-
ments and address the implementation of the Stadium Park Residential Project; and
WHEREAS, the Development Agreement pertains to approximately 4.825 acres of real property in the Ci� of Anaheim, equitably owned by the Apili-
cant, commonly known as 1515 East Katella Avenue (hereinafter the "Property")), which n located m The la orate Triangle and zoned PTMU Overlay
(Katella District), and more particularly shown and described on Exhibit "A", whicfi is attached hereto and incorporated herein by this reference; and
WHEREAS, the Applicant desiirgres to develoT the Property
gin accordance with the provisions of the Development Agreement by developing a multiple
un
nal Site Plan Na 2004-00007 and Tof entati0 re Tract Map No.11in 16+831 (hereinafter collectvely referred to astructure and as the)' "ic Project"); more particularly set forth +n Fi-
W HEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 200400007 to provide for the development of the Stadium Park Resi-
dential Protect, contingent upon the approval of Tentative Tract Map No. TTM 16831 and Development Agreement Nos, 2005-00001, 2005-00002, and
I 2005-0003; and notice
WHEREAS, the City Planning Commission
as retired lby law eniblic ng at in accoedaivic nce weth the pnter in rovisions sionsfof theaim on Anaheim pMuril nicipal C de, Chat 6:00 apter 18 60,
of said public hearing having been duly given
to hear and consider evidence for and against saidevelopment Agreement and Tentative Tract Map No. TTM 16831 and to investigate and make find-
ings 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 is Resolution No. PC2005-73, which is incorporated herein by this reference, made certain findings that
the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00001 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
ent, notice of said public hearing having been duly given as re -
WHEREAS, the City Council did hold a public hearing upon the Development Agreem
quired by law; and
WHEREAS, pursuant to the provisions of the Catfornia Environmental Quality Act ("CEQA"), the City Council, as lead agencconductedyy for the Development
Development Agmotion
reement Nfind
o. 2005- 0001, and he equirrements of on its CEQA, including Section 21166 of the Californiandent review and consideraltion of an Initial
IPublic ResourcesrCofor de and Qct Dont
1516g2 fPlan the CgenQt and s reIi )a and the sted projects, togetheew with he Updatereceived at the dandModifiblic edtMtig tion Montorihat FEiR No. 330 ng-Progsram No. 106 ed by
fr The P PlatinPlan um Tr anggels, and a.
General
mo�d'rf ed by that Planning onto Proposed Development
aamitigat+on measure a pertaininreement and hgeto theoKa el ased rAvenue sewer I nesr h are adequate toation ose Monitoring
as the orequired
environmental documentation for the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documene-
tion need be prepared for this Development Agreement.
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements 0 the Procedures Resolution 5 enter into the ng strup-
ment Agreement by showing that, upon completion, the Project will result in the construction of 320 residential dwelling units, a 552 space parking struc-
ture and a public park; and
WHEREAS, the City Council of the City of Anaheim, after due inspection, inveaseri
gstigation and study made by itself and in its behalf, and after due con-
ing anti Planning Commission aRasfohe evidence No. PCand reports
3o does find ut said
pon review of the land use aspects of tthe evidence he Development Agreement: ted at the ommission meet -
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 designs-,
tion and with the goals, policies and objectives for The Platinum Triangle as set for in the General Plan.
2. That the Project is compatible with the uses authorized in and the regulations rescribed for the applicable zoning district in that the Project is in
compliance with the PTMU Overlay Zone requirements as set forth in Final Site Pian 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 The Plat numrye tis compatible
with Use Plan or only development PTU Overl property
ren the surrounding area in that it is in conformance with and implements
Master
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 7. d.
That Development Agreement No. 2005-00001 be, and the same is hereby, approve
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 3th day of June by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernande_ z, Galloway, Chavez
NOES: None
ABSENT: None CITY OF ANAHEIM
ABSTAIN: None
By: Is/ Curt Pringle
__.._ nnevna nP THE CITY OF ANAHEIM