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5997ORDINANCE NO.. 5997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00004 BY AND BETWEEN THE CITY OF ANAHEIM AND WESTERN PACIFIC HOUSING, (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 May 20, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Western Pacific Housing, (hereinafter "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2005-00004 (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 Anaheim Stadium Project; and WHEREAS, the Development Agreement pertains to approximately 3.49 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2100 and 2110 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 and mixed use commercial project consisting of 251 residential dwelling units and 9,764 square feet of commercial and restaurant uses (with an option to construct up to 11,807 square feet of 2 commercial and restaurant uses if adequate parking is provided), as more particularly set forth in Final Site Plan No. 2005-00004 and Tentative Tract Map No. TTM 16800 (hereinafter collectively referred to as the "Project"); and WHEREAS, on July 20, 2005, the Planning Director approved Final Site Plan No. 2005-00004 to provide for the development of the Anaheim Stadium Project, contingent upon the approval of General Plan Amendment No. 2005-00435, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-00113), Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 2005-04967, Tentative Tract Map No. TTM 16800 (hereinafter referred to collectively as the "Discretionary Actions") and Development Agreement No. 2005-00004, by the Planning Commission and City Council; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 25, 2005, at 2:30 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 said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2005-109, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2005-00004 and that the Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of said 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. 2005-00004 and said Discretionary Actions, 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 Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 130 are adequate to serve as the required environmental documentation for the Development Agreement and said Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement or said Discretionary Actions. 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 251 dwelling units and 9,764 K square feet of commercial and restaurant uses (with an option to construct up to 11,807 square feet of commercial and restaurant uses if adequate parking is provided) within a period of not more than five (5) years; 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. PC2005-109, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's General Plan, as amended, 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. 2005-00004, which has been approved by the Planning Director, and Tentative Tract Map No. TTM 16800 and Conditional Use Permit No. 2005-04967, which were approved by the City 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, as amended. 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: approved. SECTION 1. That Development Agreement No. 2005-00004 be, and the same is hereby, 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 13 day of Septembpi005, and thereafter passed and adopted at a regular meeting of said City Council held on the 27 day ofseptember 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST: CIT CLERK OF THE CITY OF ANAHEIM 59134.v 1 /mgordon/08.29.05 5 MAYOR OF THE C O ANAHEIM EXHIBIT "A" PARCEL A: THAT PORTION OF LOT 5, TRACT 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591 OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08'00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED 1N DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 00 08' 00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 00 08'00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 20010069995, OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 179 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 890 59' 15" EAST 748.00 FEET FROM THE SOUTHWEST CORNER OF SAID LAND (SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD, NOW KNOWN AS PLACENTIA AVENUE, ALONG THE WESTERLY LINE OF SAID LOTS 4 AND 5); THENCE FROM SAID POINT OF BEGINNING, NORTH 0° 08' 00" WEST PARALLEL WITH THE WESTERLY LINE OF SAID LOTS 4 AND 5, A DISTANCE OF 595.06 FEET TO THE CENTERLINE OF KATELLA AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE, ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1000.00 FEET FROM TANGENT WHICH BEARS SOUTH 700 38'28" WEST THROUGH A CENTRAL 6 ANGLE OF 18' 17' 32" A DISTANCE OF 319.26 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO RANDALL RAY BIVENS AND WIFE, BY DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE SOUTH 0* 08'00" EAST ALONG SAID EASTERLY LINE 538.52 FEET TO SAID SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS; THENCE SOUTH 89° 59' 15" EAST ALONG SAID SOUTH LINE, 313.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591, OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH THE DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397, OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 00 08'00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 890 59'15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08'00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET, TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTELRY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID ORANGE COUNTY WITH A CURVE WHICH IS CONCENTRIC WITH AND DISTANCE 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, A RADIAL THROUGH SAID POINT BEARS SOUTH 000 07' 37" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1060.00 FEET THROUGH A CENTRAL ANGLE OF 100 12' 14", A DISTANCE OF 188.78 FEET TO A POINT ON THE WESTERLY LINE OF EXCEPTION TO THE LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00° 45' 13" WEST 12.23 FEET ALONG THE SAID WESTERLY LINE TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1072.00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 100 12' 19" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 05'17" A DISTANCE OF 188.75 FEET TO SAID WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS; THENCE NORTH 0045' 13" EAST 12.00 FEET ALONG THE SAID WESTERLY LINE TO THE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF ANAHEIM IN DEED RECORDED APRIL 24, 2001 AS INSTRUMENT NO. 20010245967, OF OFFICIAL RECORDS. 7 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, 19x1. Case No. A-21021 in and for the Citv 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 "vii October 6, 2005 "I certify (or declare) under the penalty of penury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 6, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County C rk'sFili g tamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO 5997 AN JRDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2005-00004 BY AND BETWEEN THE G I 01 ANAHEIM AND WESTERN i'AC J H( t;SING a 6:1AK 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 caller; a developme igre:, ment 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 subdivisuon (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 corn sideration of development agreements upon receipt of an application by the 01; 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 certfied 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 sodas 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 proximately 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 Or- dinance 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 Trion Is into the PTMU Overlay Zone as depicted in The Platinum Triangle aster Land Use Plan to provide opportunities for high quality well- zoning 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. 2004179, 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 CEOA and the Stale and City CEQA guidelines and were ad- equate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on May 20, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Western Pacific Housing, (hereinafter "Applicant"), sub- mitted an application to the Planning Department for approval of Development Agreement No. 2005.00004 (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 Anaheim Stadium Pro act; and WHEREAS, the Development Agreement pertains to approximately 3.49 acres of rest property in the City of Anaheim, owned by the Applicantcommonly known as 2100 and 211 East Katella Avenue (hereinafter the "Property"), which is locat- ed in The Platinum Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit "A", which 1s attached hereto and incorporated herein by this reference; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Developpment Aggreement by developing a multiple family residential and mixed use commercial project consisting of 251 residential dwelling units and 9,764 square feet of commercial and restaurant uses, as more rddulaMyy set forth in Final Site Plan No. 2005-00004 and Tentative Tract Map No. TTM 16800 (hereinafter collectively referred to as the "Project"); and WHEREAS, on July 20, 2005, the Planning Director approved Final Site Plan No. 2005-00004 to providefor the development of The Anaheim Stadhum Project, conlmgant upon the approval of General Plan Amendment No. 2005-00435, Amend- ment [o the Platinum Triangle Master Land Use Plan (Miscellaneous Perini[ No. 2005-00113), Zoning Code Amendment No. 2005-00044, Conditional Use Permit No. 200504967, Tentative Tract Map No. TTM 16800 (hereinafter referred to collective- ly as the "Discretionary Action") and Development Agreement No. 2005-00004, by the Planning Commission and City Council; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 25, 2005, at 2:30 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 said Discretionary Actions, an oi to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2005-109, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No 2005- 00004 and that the Agreement meets the criteria set forth in the Procedures ResWution and recommended to the City Council the approval of said Development Agreemart; 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 Erwironmental 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 consid- eration of an Initial Study conducted pursuant to CEQA for Development Agreement No 2005-00004 and said Discretionary Actions, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section Montt 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 Development Agreement and the Proposed Project, together with hNHoation Monitoring Program No. 130 are adequate to serve as the required en- vironmental documentation for the Development Agreement and said Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environm documentotion need be prepared for this Development Agreement or said Discretio of n Actions. WHER S, 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 251 dwelling units and 9,764 square feet of commercial and restaurant uses within a period of not more than five (5) years; and WHEREAS, the City Council of the City of Anaheim, after due inspection, i and study made by itseM 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. PC2006-109, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's General Plan, as amended, 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. I 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the Mrable zoning district in that the Prosjeecct[ is in compliance with the PTMU Overlay Zone regwremants as set forth in Final Site Plan No. 2005-40004, which has been approved by the Planning Director, and Tentative Tact Map No. TTM 18900' and Conditional Use Permit No. 200504987, which were approved by the City Planning Commission on July 25, 2005, 3. That the Project is compatible with the orderly development of property in the surrounding area in that t is in conformance wilh and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements, as amended. 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. 2005-00004 be, and the same is hereby, approved. ISECTION 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 13th the 27th day of September 2005, by the following roll call vote: AYES: Mayor Pringle, Counc1 Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/Sheryl1 Schroeder CITY CLERK OF THE CITY OF ANAHEIM day of September, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on os/Curt Pringle MAYOR OF THE CITY OF ANAHEIM PARCEL A: IXHIBIT 'A" THAT PORTION OF LOT 5, TRACT 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.. CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17,1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA SAID SOUTHWEST COR- NER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591 OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS CONCENTRIC WrrH AND DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08'00' EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89" 59' 15" WEST PARALLEL WITH THE SOUTH UNE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08'00' WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS CON- VEYED TO THE CITY OF ANAHEIM BY DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 20010069995, OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 89° 59' 15" EAST 748.00 FEET FROM THE SOUTHWEST CORNER OF SAID LAND (SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT ROAD, NOW KNOWN AS PLACENTIA AVENUE, ALONG THE WESTERLY UNE OF SAID LOTS 4 AND 51 THENCE FROM SAID POINT OF BEGINNING, NORTH 0° O8' 00" WEST PARALLEL WITH THE WESTERLY LINE OF SAID LOTS 4 AND 5, A DISTANCE OF 595.06 FEET TO THE CENTERLINE OF KATELLA AVENUE 60.00 FEET WIDE, AS DC96RIBED IN DECREE OF CONDEMNATION RECORDED JULY 8,1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE, ALONG THE ARC OF A CURVE CON- CAVE NORTHWESTERLY HAVING A RADIUS OF 1000.00 FEET FROM TANGENT WHICH BEARS SOUTH 7U° 38' 28" WEST THROUGH A CENTRAL ANGLE OF 18-17' 32" A DISTANCE OF 319.26 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO RANDALL RAY BIVENS AND WIFE, BY DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE SOUTH 0° 08' 00" EAST ALONG SAID EASTERLY LINE 538.52 FEET TO SAID SOUTH LINE OF THE LAND CONVEYED TO MAURICE E. BIVENS; THENCE SOUTH 89° 59'15" EAST ALONG SAID SOUTH LINE, 313.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E. BIVENS, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 80.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59'15" EAST ALONG THE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962 IN BOOK 6367, PAGE 591, OF SAID OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION TO ITS IN- TERSECTION WITH A CURVE WHICH IS CONCENTRIC WITH THE DISTANT 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 80.00 FEET IN WIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RE- CORDED JULY 8, 1900 IN BOOK 5S2f, PAGE 397, OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59'15' WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND,125.50 FEET; THENCE NORTH 0° 08" 00" WEST PARALLEL WITH THE EAST UNE OF SAID LAND, 267.00 FEET, TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET SOUTHEASTELRY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE NORTHEAST- ERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID ORANGE COUNTY WITH A CURVE WHICH IS CONCENTRIC WfTH AND DISTANCE 60.00 FEET SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, A RADIAL THROUGH SAID POINT BEARS SOUTH 00° 07' 37' EAST; THENCE NORTHEAFTER- LY ALONG SAID CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1060.00 FEET THROUGH A CENTRAL ANGLE OF 10° 12' 14", A DISTANCE OF 188.78 FEET TO A POINT ON THE WESTERLY LINE OF EXCEPTION TO THE LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO. 19960377625, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00° 45' 13" WEST 12.23 FEET ALONG THE SAID WESTERLY LINE TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1072.00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 1(° 12'19" EAST; THENCE SOUTHWESTERLY ALONG SAN) CURVE THROUGH A CEN- TRAL ANGLE OF 10° 05' 17" A DISTANCE OF 188.75 FEET TO SAID WESTERLY LINE OF LAND CONVEYED TO KAYCO PLAZA PARTNERS; THENCE NORTH 00°45' 13" EAST 12.00 FEET ALONG THE SAID WESTERLY LINE TO THE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF ANAHEIM IN DEED RECORDED APRIL 24, 2001 AS INSTRUMENT NO. 20010245967, OF OFFICIAL RECORDS.