5992ORDINANCE NO.. 59:92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT
NO. 2005-00007 BY AND BETWEEN THE CITY OF
ANAHEIM AND 1331 EAST KATELLA DEVELOPMENT
COMPANY AND EAST KATELLA PARTNERSHIP, (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 guidelineC and were adeq»ate to serve as the required environmental documentation
for said actions based upon findings set forth in said motion; and
WHEREAS, on May 4, 2005, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
Agreement Law"), 1331 East Katella Development Company and East Katella Partnership,
( hereinafter "Owner"), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00007 (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 Platinum Triangle
Condominium Project; and
WHEREAS, the Development Agreement pertains to approximately 4.88 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 1221 and
1331 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
2
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 336 residential dwelling units, one retail tenant space, and a 671 space parking
structure, as more particularly set forth in Final Site Plan No. 2005-00006 and Tentative Tract
Map No. TTM 16832 (hereinafter collectively referred to as the "Project"); and
WHEREAS, on July 14, 2005, the Planning Director approved Final Site Plan No.
2005-00006 to provide for the development of the Platinum Triangle Condominium Project,
contingent upon the approval of Tentative Tract Map No. TTM 16832 and Development
Agreement No. 2005-00007; 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 16832 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, thereafter, on July 25, 2005, the Planning Commission did approve
Tentative Tract Map No. TTM 16832; and
WHEREAS, the Planning Commission, by its Resolution No. PC2005-110, which
is incorporated herein by this reference, made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2005-00007 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. 2005-00007, 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
Program No. 136, 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
3
that, upon completion, the Project will result in the construction of 336 residential dwelling units,
a single retail space, and a 671 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 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. PC2005-110, 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.
2005-00006, which has been approved by the Planning Director, and Tentative
Tract Map No. TTM 16832, which was approved by the Planning Commission on
July 25, 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 Cit, of A naheim.
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. 2005-00007 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 23rd day of August , 2005, and thereafter
passed and adopted at a regular meeting of said City Council held on 13t]Oay of Septembek the
following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
r
OTT CERK OF THE CITY OF ANAHEIM
5 8943. v 1 /mgordon/08.11.05
5
dam��
MAYOR OF THE ANAHEIM
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1 AND 2 OF PARCEL MAP NO. 79-265, AS SHOWN ON A MAP FILED IN
BOOK 145, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
APN: 082-260-06.
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
1 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:
September 22, 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: September 22, 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 of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 5992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00007 BY AND BETWEEN THE CITY OF
ANAHEIM AND 1331 EAST KATELLA DEVELOPMENT COMPANY AND EAST KATELLA PARTNERSHIP, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AU-
THORIZING 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 AnW*m (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 aubdNisfon (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 arta( reghiements for consideration of development agreements upon receipt of an application by the City; and
WHEREAS, on May 25, 2004, the Aaahe" City Council arrovsd General Plan Amendment No. 2004-00419 setting torah the City's vision for development of the City of Anaheim
("General Plant Amendment*)- and oersted FRO Impact Report No. 330, adoptlno Ridings of Fact and a Slats eat of Overriding Considerations, and associated Mr'h'ga
Von Monitoring Fische ('FEIR X10. 930"), h co lion with its consideration and approval oT the_General Plan Amendment, amendment of the City's zoning code, and a series of to 18
actions; and
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional landuses within an apppprox1mately
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 Sohtem
Company Califor-
nia Edison Com -pa +y Easement on the north ('The Platinum Triangle'); and
WHEREAS, in order to
CaRy outthe goals and policies of the General Plan for The Platinum Triangle ', on August 17, 2004, the City Council adopted Resolution No. 2004177, ap-
proving The Platinum Triangiwiifealer Laid Use Plan, setting forth the thaw vision for The Platinum Trt s; and
WHEREAS, t further i ala fetid policies of the General Plan for The Platinum Trian�le and pureuard to the procedures set forth in Chapter 18.76 of the Anaheim Mu-
nicipal Code, ri August to to adopted OrdYhwmO No. 5378 amending Tale 18 d7fhe Atte Wm Municipal! Code to establish and
the Platinum Triangle Zane (the 'PTMU Overlay Zone') and Oftfine hce No. anhend ing the zonkho map to moment hundred
da for
�iacme within Th! gN the PTMU Overlay Zonis as depicted in The Platinum Triangle Mester Land flee Plarh t op��aoppoirturifties three Mmhdred and
p glop ent gojedas that cc* be 4a nd-alone Including office, r�1, business services, on high quality - well-
eMh mita Projects or combine residential with Hort residential uses irhd personal services public
spaces and uses, and er f:orrhmuri amen within the area; and
WHEREAS, the PTWJ Zons fequires an Float Sint Plan and a Development Agreement lrMweerh tits roperty owner and the of Mahaim t implement all de
velopment in the KaAalla Gents Y andGa�l lly d tie PTMU Overlay Zone, except as otherwise encenhpt urhdbr the Code; and P
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and
WHEREAS in Ban with of The Platinum Triangle Master Lancs Use Plan, to PTMU Overlay Zee, and the form of the Standard Development Agreement for The
Platinreeu��pmml Triarhgle tits n , ypd agarxy for die mop d xtlona, deprtnhed flet FEIR No. 33a stip the aseodated Updated and Modified on Monitoring
rrregrht�orh for sato84
tato upon in� in with CE4A and the State and qty CEOA guidelines and were adequate t serve as the required environmental docu-
gSietfortth in said motion; and
WHEREAS, on May A, 2006. punuent to do StML49. the Enabling Ordinance, and the Procedures Resolution (herelratbr collectively referred to as the "Development Agreement
Law"), 1331 East KaMe onilin aarrngyt end East Kateds Partnership, (hereinafter 'Owner"), submitted an application to the Planin for approval of Development
Agreement No. 2005.00007 airelnaRar Qhs "Agplfcatbn'), which Included a proposed devskiPmSM agreement (hereinafter the 'DevelloAnt e A' pre in conformance,
�wifrth and
WHEREAS,
Standard Development Agreement forTha Platinum Triangle to vest certain project entitlements and address the Implementation of the atkhum TriangleCondominiumProj-
WHEREAS, the DevNopnperat A nt)tentalre to appraodnhataty 4.88 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1221 and 1331
East KWla Avenue the rognny )i which is located in The Platinum Triangle and zoned PTMU Overlay (Katalla District), and more partculady, shown and described on Ex-
hibit 'A", which is attached hereto and inothrpolifeed herein by this reference; and
WHEREAS, lh Ap (t♦WNfft to Lva� the Property in accordance with the provisions of the Development gpreement by ng a multiple tam'�1y readerMial pro con-
sistTC 396 rslbidwllfat tarps; tills nil tareM and a 871 space parking structure, as more perticulahfy set forth In Final fte Plan No. 2005-00008 and Ter�Tract
Map No. TTM 15532 (herainedCeef colkrotfv�y retaned t asrrojact'); and
WHEREAS, on July 14, 2006, the mgp� eddar approved Final Site Plan No. 2005.00006 t rovide for the
gent upon the approval of Teolstve T No. TTM 18832 and Development Agreement No. 2005 00007; and of the Platinum Triangle Condominium Project, contin-
WHEREAS, to qty Planet" Com n al hold a public hears t ore sa ld appkaton at the Civic Career In the City of Anaheim, notice of said public he having been du
given as requnrced bvlljaw wg►Ithe provkfcrm of the Mutest Code, Chapter 18.80, to hoer and wider evidence for and agaNet said�Devsiopment Agree-
ment
and To ta5va 7ractMap No TTM and to investigate and mate findings and recommendations in connection therewith; and
WHEREAS, thereafter, on July 25,200, the falannkng Commission did approve Tentative Tract Map No. TTM 18832; and
WHEREAS, this Plamahg fipmagNeiipqgg by ` Maolution No. PCZ006-110, which fs irho Mw8ted herein by tits rehrerhoe, shade certain undines that to APWAv t has denwretrated
eligibility t erhtr into DaMebpaMnt AyreilYleM . 2005.(10007 and that the Agreement meat% the oxftsria set forth in to Procedures Resolution and recommended to Mie City Council
the approval of the DsyslppmUe Agreamelht; and
WHEREAS, the City Council did hold 0 pubic hearing upon the Devebpnent Agreement, notice of said public hearing having been duly given as required by law, and
WHEREAS, tie Applicant has dem that the Project MOM tits ' requkenhants ot the Procedures Resolution t enter Into the Devebpment Agreement by showing
that, upon completion, the PrpjOf t wit in fife coneauction of 398 deeMng unfit, a single rotes apace, and a till spare pefkig atructurs; and
of the Vie' of frnree1Ip atatIp�h sWdy made 1Melf in is bathai, and afar due consideration of and based upon all
find upon review,of the useaspeces the and Planrft Commission Resolution No. PC2005.110, does
i. That theo�is tto Q1a Ci s asipkg General Phan in that it is in conformance with the General Plan Mbrod Use land use n and with the Tliangta deO t6i
cies and ftir Ttha as sae forth in to General Plan.
2. That the Project -is to with authorized In and the regulations for the applicable the
Overlay oat gel in Ske Plan No. 2005-0006, which phhasbeen approved by Qfe P tlDkectot, and Tentative Tract Map 18832, which
was approved by the conh n M July 25, M.
3. Taal the h. an is he �Ie with tie ordNly of property in the surrounding ares b that it Y in coMomence with and implements The Platinum Triangle Mester
Land
Use Plan and the POverlay Zone nequireme�
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim.
5. duroat the nlbrh�t AW"MO ht cOnstglies a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Proce-
I
6. TIW the riv nt Is entered Into pursuant t and in compliance with he charter powers and the requirements of Section 65667 of the Statute, the Enabling Or-
dinarnce and the
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
QNflON i.
That DavelthpmerN Agreement No. 200"Oo07 be, and the same is hereby, approved.
sorrmN 2.
That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City.
THE FORE UNG ORDINANCE was IaOodueed at a regular mestirm of the City Council of the City of Anaheim held on the 23rd da of August,
adopted at a regular meeting of sat 36h cat day of �d thereafter passed and
City fa9uncAteld on t day of r by the following rot vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
/sIMayor Pri I
ATTEST,,
MAYOR OF THE CITY OF ANAHEIM
/s/Sheryp.Schroeffer
CITY CLLEERRK OF THE CITY OF ANAHEIM
EXHIBIT A
LAM" OttCEWFF ON
PARC 1 AND 2OF F%RCEL MAP NO. 79 5, AS SHOWN ON A MAP FILED IN BOOK 145, PAGE 60 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
APN: 06-06.
P im Buitaan 22