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5986ORDINANCE NO. 5986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00006 BY AND BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS, LLC, (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 l 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 March 29, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Stadium Land Partners, LLC, (hereinafter "Owner"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00006 (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 Gateway Centre Condominium Project; and WHEREAS, the Development Agreement pertains to approximately 3.8 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2045 South State College Boulevard (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Gateway 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 266 residential dwelling units and a 612 space parking structure, as more F particularly set forth in Final Site Plan No. 2005-00003 and Tentative Tract Map No. TTM 16826 (hereinafter collectively referred to as the "Project"); and WHEREAS, on June 9, 2005, the Planning Director approved Final Site Plan No. 2005-00003 to provide for the development of the Gateway Centre Condominium Project, contingent upon the approval of Tentative Tract Map No. TTM 16826 and Development Agreement No. 2005-00006; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the Civic Center in the City of Anaheim, 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 16826 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, thereafter, on June 27, 2005, the Planning Commission did approve Tentative Tract Map No. TTM 16826; and WHEREAS, the Planning Commission, by its Resolution No. PC2005-96, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00006 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. 2005-00005, and the requirements of CEQA, including Section 21 166 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 Program No. 131, 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 266 residential dwelling units and a 612 space parking structure: and K 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. PC2005-96, does find upon review of the land use aspects of the Development Agreement: I . 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. 2005-00003, which has been approved by the Planning Director, and Tentative Tract Map No. TTM 16826, which was approved by the Planning Commission on June 27, 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. 200.5-00006 be, and the same is hereby, approved. 4 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 26thday of July , 2005, and thereafter passed and adopted at a regular meeting of said City Council held onl6th clay of August by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez NOES: Council Members Galloway, Chavez ABSENT: None ABSTAIN: None ATTEST: ITY C-LERf OF TA CITY OF ANAHEIM 5 870'_' . v 1 /mgordon/07.1 1.05 5 MAYOR OF TH ANAHEIM EXHIBIT A -LEGAL DESCRIPTION PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 81-2659 AS SHOWN ON A MAP FILED IN BOOK 1779 PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 1239 AS DESCRIBED IN PARCEL l AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1'.985 AS INSTRUMENT NO. 85-004456, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA. APN: 232-081-16 AND 232-081-21. 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: August 25, 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 August 25, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION • "ORANGE COUNTY REGISTER Thursday, August 25, 2005 ANAHEIM BULLETIN PAGE 35 iORDINANCE NO. 5986 iAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00006 BY AND BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS, LLC, (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, mak- ing 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 Mitiga- tion 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 relat- ed 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 t 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on he south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern Califor- i nia Edison Company Easementrryyon the north ("The Platinum Triangle"); and pro WHEREAS, Te P Sin inum order toTrianglerry out the goals Use and policies f hetGehe ner vision for The Platinum Triangle; and nAugust 17, 2004, the City Council adopted Resolution No. 2004-177, ap- 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 Mu u- nicipal 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) Over Zone (the "PTMU Overlay Zone") and Ordinance No. 5936 amending the zoning map to reclassify approximately three hundred and seventy-five acres le Mi The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Ll se Plan to provide opportunities for high quality well- seventy-five 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 - p veloWHEREAS, HER m h, the PTIMU la, Gene Overlay Zone and Gateway Districts edof Final PTMU Overlay d a Develop e t Agreement betwise exempteen the the pro ander and the City of Anaheim to implement all de- Aut 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 ppro osed actions, determined that FOR No. 330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in compliance with CEA and the State and City CEQA guidelines and were adequate to serve as the required environmental docu- mentation for said actions based upon findings set forth in said motion; and WHEREAS, on March 29, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collective)y referred to as the "Development Agree- ment Law"), Stadium Land Partners, LLC, (hereinafter "Owner"), submitted an application to the Planning Department for approval of Development Agreement nd rd Develop I (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Develop- ment Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Gateway Centre Condominium Project; and WHEREAS, the Development Agreement pertains to approximately 3.8 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2045 South State College Boulevard (hereinafter the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay (Gateway District), and more particularly shown and described on Exhibit "A", which is attached hereto and incorporated herein by this reference; and con WHEREAS, the Applicant desires to deveflop the Property in accordance with the provisions of the Development Agreement by developing a multiple family residential pryecj682 - sisting of 266 residential dwelling units and a 612 space parking structure, as more particularly set forth in Final Site Plan No. 2005-00003 and Tentative Tract Map No. TTTT (hereinafter collectively referred to as the "Project"); and WHEREAS, on June 9, 2005, the Planning Director approved Final Site Plan No. 2005-00003 to provide for the development of the Gateway Centre Condominium Project, contin- gent upon the approval of Tentative Tract Map No. TTM 16826 and Development Agreement No. 2005-00006; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the Civic Center in the City of Anaheim, notice of said public.hearing having been duly Agree- given as and required b Tlaw and in ract Map No. TTM 16826 and to provisions ethe Anaheim nd make findings and al Code, recommendations r 18.6 , to helon therewith; and r and consider evidence for and against said Development Agree- ment WHEREAS, thereafter, on June 27, 2005, the Planning Commission did approve Tentative Tract Map No. TTM 16826; and WHEREAS, the Planning Commission, by its Resolution No. PC2005-96, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00006 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; an 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. 2005-00005, and the require- ments 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 previousI 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 Program No. 131, 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 266 residential dwelling units and a 612 space parking structure; and WHEREAS, the City Council of the Cityof 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. PC2005-96, 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. 2005-00003, which has.been approved by the Planning Director, and Tentative Tract Map No. TTM 16826, which was approved by the Planning Commission on June 27, 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 Or- dinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION I. That Development Agreement No. 2005-00006 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. _ ed ata FOu regular of said was introduced Council held at a day of August meeting 0 f the by the Council of the following roll call yo f Anaheim held on the 26th day of July, 2005, and thereafter passed and adopt- meetin ed Pringle, Council Members Sidhu & Hernandez NOES: Council Members Galloway & Chavez ABSENT: None ABSTAIN: None SS/Mayor Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: SS/Sheryll Schroeder CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A LEGAL DESCRIPTION PARCEL 1: PARCEL 3 OF PARCEL MA A O. 81-265, AS SHOWN ON A MAP FILE11 IN BOOK 177, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER O F OR ANGE COUNTY, I PARCEil -AT rvaTAIM I nT I INE ADJUSTMENT PLAT NO. 123. AS DESCRIBED IN PARCEL 1 AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS IN-